G/LIC/N/3/CHN/14  
 
29 November  2016 
(16-6570) Page: 1/7 
Committee on Import Licensing  Original: English  
 
 REPLIES TO QUESTIONN AIRE ON IMPORT LICEN SING PROCEDURES1 
NOTIFICATION UNDER A RTICLE 7.3 OF THE AG REEMENT  
ON IMPORT LICENSING PROCEDURES  - 2015 
CHINA 
The following communication, dated 23 November  2016, is being circulated at the request of the 
delegation  of China.  
 
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The present questionnaire is designed to elicit information on import licensing and similar 
administrative procedures2 maintained in and applied to the customs territories to which GATT 
1994 applies.  If different procedures or methods of licensing or similar administrative procedures 
are applied to different categories of products, to different countries of supply or to different 
modes of importation, they should be separately described in respect of each question as relevant.   
 
Outline of Systems  
1.  China’s import licensing system mainly includes import license and automatic import licensing. 
In addition, certain goods are subject to import tariff -rate quotas.  
 
Besides, China applies import (export) licenses to specific dual -use substances for the purposes of 
safeguarding national security and public interest and performing the obligations under relevant 
international agreements.  
 
Purposes and Coverage of Licensing  
2.  Import licenses apply to all commodities in 2015 specified i n the Catalogue for Commodities 
Subject to Import Licenses in 2015 (Announcement of the Ministry of Commerce, the State 
Administration of Customs and the General Administration of Quality Supervision, Inspection and 
Quarantine [2014] No. 95), including ozo ne depleting substances and certain used mechanical and 
electronic products.  
 
Automatic import licenses apply to commodities in 2015 specified in the Catalogue for 
Commodities Subject to Automatic Import Licenses in 2015 (Announcement of the Ministry of 
Commerce and the State Administration of Customs [2014] No. 93) and the Announcement of The 
Commodities newly Subject to Automatic Import Licenses (Announcement of the Ministry of 
Commerce and the State Administration of Customs [2015] No.34).  
 
2015 import t ariff-rate quotas apply to commodities subject to import tariff -rate quotas as 
determined by the Protocol on Accession of the People’s Republic of China into WTO, including 
such 47 eight digit tariff line commodities as grain, cotton, sugar, wool, tops, fe rtilizer, etc. (See 
table 1).  
                                                
1 See document G/LIC/3, Annex, for the Questionnaire.  
2 Similar procedures are understood to include technical visas, surveillance systems, minimum price 
arrangements, and other admi nistrative reviews effected as a prior condition for entry of imports.    G/LIC/N/3/CHN/14  
 
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  Table 1  
10011100  10011900  10019100  10019900  10051000  
10059000  10061011  10061019  10061091  10061099  
10062010  10062090  10063010  10063090  10064010  
10064090  11010000  11022000  11029011  11029019  
11031100  11031300  11031921  110319 29 11032010  
11042300  17011200  17011300  17011400  17019100  
17019910  17019920  17019990  31021000  31052000  
31053000  51011100  51011900  51012100  51012900  
51013000  51031010  51051000  51052100  51052900  
52010000  52030000     
 
3.  The import licensing system in C hina does not differentiate the places of origin of products 
unless otherwise provided for in the free trade agreements entered into by China and relevant 
countries and regions.  
 
4.  China has not maintained any restrictions on quantity that do not comply with WTO rules and 
China’s commitments upon its accession into WTO.  
 
Currently, import licenses in China apply to ozone depleting substances and certain used 
machinery. Ozone depleting substances are subject to restriction based on China’s obligation 
under  the Montreal Protocol on Substances that Deplete the Ozone Layer, and certain used 
machinery is subject to import licenses for the purposes of serving social interests, protecting the 
environment and consumer health and security.  
 
Automatic import license s apply to some freely -imported commodities, for the purpose of 
monitoring the import and doing trade statistics. The content and implementing methods thereof 
comply with the Agreement on Import Licensing Procedures. No restriction is imposed on the 
quanti ty or value of imports. Import tariff -rate quotas are agreed following negotiations by China 
and other WTO members under the WTO agreements, which apply to the import of some 
commodities.  
 
5.  The Foreign Trade Law  (promulgated by Decree of the President [ 1994] No. 22 and amended by 
Decree of the President [2004] No. 15), the  Administrative Licensing Law  (Decree of the President 
[2003] No. 7) and the Regulations on Administration of Import and Export of Commodities (Decree 
of the State Council [2001] No. 33 2) prescribe the basic system and legal principles applicable to 
import licensing. Pursuant to the above -mentioned laws and regulation, with respect to commodities 
subject to import license and automatic import licensing, the currently effective rules prom ulgated by 
the Ministry of Commerce (the former Ministry of Foreign Trade and Economic Cooperation) are the 
Measures for the Administration of Commodity Import Licenses  (Decree of the Ministry of Commerce 
[2004] No. 27) , the Measures for the Administratio n of Commodity Automatic Import Licenses  
(Decree of the Ministry of Commerce and the General Administration of Customs [2004] No. 26),  
Measures for the Administration of the Import of Electromechanical Products (Decree of Ministry of 
Commerce, General Admi nistration of Customs and General Administration of Quality Supervision , 
Inspection and Quarantine [2008] No.7) , Measures for the Administration of Import of Certain Used 
Electromechanical Products (Decree of Ministry of Commerce, General Administration o f Customs 
and General Administration of Quality Supervision , Inspection and Quarantine [2008] No.5) and 
Implementation Measures for the Automatic Import Licensing of Electromechanical Products (Decree 
of Ministry of Commerce and General Administration of Customs [2008] No.6). In conformity with 
said rules, the Ministry of Commerce promulgates every year, in the form of announcements, the 
Catalogue for Commodities Subject to Import Licensing and the Catalogue for Commodities Subject 
to Automatic Import Lice nsing and the adjustments thereto. In addition, other currently effective G/LIC/N/3/CHN/14  
 
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  rules and administrative measures in relation to import licensing are  the Measures for the 
Administration of Issuing Authorities of Import and Export Commodity Licenses  (Decree of th e 
Ministry of Commerce [2010] No. 3), the Regulations on Administration of Import and Export  
Licenses  (Decree of the Ministry of Commerce [2012] No. 1) and the Working Rules on Issuance of 
Import Licenses  (Shang Pei Fa [2007] No. 360).  
 
With respect to the  import licensing procedures for commodities subject to tariff -rate quotas, under 
the Regulations on Administration of Import and Export of Commodities (Decree of the State Council 
[2001] No. 332), the currently effective rules are  the Interim Measures for  the Administration of 
Import Tariff -rate Quotas of Agricultural Products  (Decree of the Ministry of Commerce and the 
National Development and Reform Commission [2003] No. 4) and  the Interim Measures for the 
Administration of Import Tariff -rate Quotas of F ertilizers  (Decree of the former Economic and Trade 
Commission and the General Administration of Customs [2002] No. 27), in conformity with which, 
the Ministry of Commerce and the National Development and Reform Commission publishes every 
year in the form of announcements the volume, distribution means and application requirements of 
import tariff -rate quotas of commodities.  
 
With respects to dual -use substances, the administrative rules promulgated by the State Council 
include the Regulations on Control of  Nuclear Export  (Decree of the State Council [2006] No. 480), 
the Regulations on Control of Exports of Dual -use Nuclear Substances and Related Technologies  
(Decree of the State Council [2007] No. 484), the Regulations on Control of Exports of Missiles and 
Related Substances and Technologies (Decree of the State Council [2002] No. 361), the Regulations 
on Control of Exports of Dual -use Biological Products and Related Equipment and Technologies  
(Decree of the State Council [2002] No. 365), the Regulations on Administration of Regulated 
Chemicals  (Decree of the State Council [1995] No.190) , the Regulations on Administration of 
Chemicals Easily Used to Produce Drugs ( Decree of the State Council [2005] No.445) and the 
Measures for the Control of Exports of Relev ant Chemicals and Related Equipment and Technologies  
(Decree of the former Ministry of Foreign Trade and Economic Cooperation, the former National 
Economic and Trade Commission and the General Administration of Customs [2002] No. 33). 
Pursuant to said admi nistrative rules, the currently effective rules promulgated by the Ministry of 
Commerce and the General Administration of Customs are  the Measures for the Administration of 
Import and Export Licenses for Dual -use Substances and Technologies  (Decree of the Ministry of 
Commerce and the General Administration of Customs [2005] No. 29), in conformity with which, the 
Ministry of Commerce publishes every year, in the form of announcements, the Catalogue for the 
Administration of Import and Export Licenses for Dua l-use Substances and Technologies  and the 
adjustments thereto.  
 
Procedures  
6. China has not maintained any restrictions on quantity that do not comply with WTO rules. In 
2015, products subject to import tariff -rate quotas include corn, wheat, rice, sugar, cotton, wool, 
tops and fertilizer, whose tariff -rate quotas are applicable globally. Besides, in 2015, China imposes 
country -specific tariff -rate quotas on wool and tops from New Zealand pursuant to the Free Trade 
Agreement between New Zealand and China . 
 
I. The tariff -rate quota granting authorities, i.e., the Ministry of Commerce and the National 
Development and Reform Commission, publish such information as the volume, application 
requirements and allocation principles of global quotas and country -specif ic quotas of the 
following year in the form of announcements, which are available on the government websites 
of the quota granting authorities. Announcements regarding allocation of tariff -rate quotas in 
2015 include:  
 
- the Application Requirements and Al location Principles of Grain Import Tariff -rate quotas 
in 2015  and the Application Requirements and Allocation Principles of Cotton Import 
Tariff-rate quotas in 2015,  promulgated in the Announcement No. 22 [2014] by the 
National Development and Reform Comm ission on December 10, 2014  
 
- the Implementing Rules on the Administration of Import Tariff -rate quotas on Wool and 
Tops in 2015 and the Detailed Rules on the Application and Allocation of Sugar Import 
Tariff-rate quotas in 2015  published by the Ministry  of Commerce respectively in the 
Announcement No. 65[2014] on September 26, 2014 and in the Announcement No. 
66[2014] on September 30, 2014, and the Volume, Allocation Principles and Application G/LIC/N/3/CHN/14  
 
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  Procedures of Fertilizer Import Tariff -rate quotas in 2015  published in the 
Announcement No. 70[2014] by the Ministry of Commerce on October 15, 2014;  
 
- the Announcement on the Implementing Rules on Administration of Individual Country 
Import Quotas on Wool and Tops in 2015 promulgated in the Announcement No.92 
[2014] by the Ministry of Commerce and the General Administration of Customs on 
December 26, 2014 ; and  
 
- the Announcement on Reallocation of Import Tariff -rate quotas on Agricultural Products 
in 2015  promulgated in the Announcement No. 16 [2015] by the Nati onal Development 
and Reform Commission and the Ministry of Commerce on August 6, 2015.  
 
 Import tariff -rate quotas are global quotas, of which, there are country -specific quotas on wool 
and tops in New Zealand. The country specific tariff -rate quotas on wo ol and tops imported 
from New Zealand were 33,502  tons and 603 tons respectively in 2015.  
 
II. The total size of tariff -rate quotas is determined on a yearly basis. Tariff -rate quotas on grain, 
cotton, and sugar are granted to end users before January 1 ea ch year and are valid in a 
whole Gregorian calendar year and can be extended to the end of February of the following 
year under special circumstance.  The validity of quota certificates for holders of quotas on 
grain, cotton and sugar to handle customs clea rance is the whole Gregorian calendar year.  
 
 Quotas on wool, wool tops and fertilizers are allocated to those who come first with the 
contract. The validity of quota certificates granted in 2015 to handle customs clearance is 
three months.  
 
III. Quota hol ders shall return the un -used quota of the year within the prescribed time limit every 
year so that reallocation can be made. In order to ensure that allocated quotas are actually 
used for imports, any importer who has not used up its quota and failed to r eturn the un -used 
quota within the prescribed time limit will be reduced of the tariff -rate quota in the following 
year. 
 
IV. With respect to commodities subject to import tariff -rate quotas, except for quotas allocated to 
those who come first, the period of time allowed for the submission of applications for licenses 
is 15 days.  
 
V. Commodities subject to import tariff -rate quotas, except for quotas allocated to those who 
come first, the time for processing applications is two months upon expiry of the per iod for 
submission of applications.  
 
VI. Commodities subject to import tariff -rate quotas, there should be at least one day between 
the granting of quota certificates and the date of opening of the period of importation.  
 
VII. With respect to commodities s ubject to import tariff -rate quotas, applicants can file license 
applications with the organs authorized by the Ministry of Commerce for sugar, wool, tops and 
fertilizers or the National Development and Reform Commission for grain and cotton. Such 
organs w ill examine the applications and forward them to the Ministry of Commerce or the 
National Development and Reform Commission, which will then grant import tariff -rate quotas 
to the applicants through its authorized organ. After obtaining the tariff -rate quo tas certificate, 
import tariff -rate quota holders are not required to apply for import licenses otherwise.  
 
VIII. In the event import tariff -rate quotas cannot satisfy the total applications of eligible applicants, 
allocations of import tariff -rate quotas on grain, cotton and sugar will be made based on past 
performance, production and processing capacity, operation quantity and other related 
factors; import tariff -rate quotas on wool, tops and fertilizers will be allocated based on “first 
come, first serve d” principle.  
 
 Tariff-rate quota allocation department will publish the detailed rules on application for and 
allocation of import tariff -rate quotas, which provide the requirements for import quota 
applicants and new importers. New importers shall, like other applicants, submit quota 
applications of the following year between October 15 and October 30 of each year.  G/LIC/N/3/CHN/14  
 
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   Upon submission of applications for import tariff -rate quotas, the quota administrative 
authority will make allocations within two months.  
 
IX.  Import tariff -rate quota application procedures (import licensing procedures) are required with 
respect to commodities subject to import tariff -rate quotas, irrespective of whether export 
permits are issued by exporting countries or not. Import tariff -rate quota applicants are not 
required to obtain commodity import licenses otherwise after they have obtained tariff -rate 
quota certifications for customs clearance.  
 
X. Not applicable.  
 
XI. There is no such requirement.  
 
7. There is no quantitative limit on importation of commodities subject to automatic import licensing 
and import licenses.  
 
(a) With respect to commodities subject to automatic import licensing, the issuing authority 
shall, to the extent of feasibility, immediately approve license applicat ions with accurate 
content and in complete forms upon receipt and shall not exceed 10 working days in 
maximum under special circumstances.  
 
 In the case of an eligible application, the issuing authority shall grant the import license 
within three business days upon receipt of the application and shall not exceed 10 business 
days at the most under special circumstances (exclusive of the time for prior document of 
approval required for importing ozone depleting substances and certain used mechanical and 
electronic products).  
 
(b) With respect to commodities subject to automatic import licensing, the issuing authority shall, 
to the extent of feasibility, immediately approve license applications with accurate content and 
in complete form upon receipt and shall n ot exceed 10 working days in maximum under 
special circumstances.  
 
(c) There is not any limitation.  
 
(d) With respect to commodities subject to automatic import licensing, applicants can just file 
applications with the Ministry of Commerce or its entrusted  institutions.  
 
 With respect to commodities subject to import licensing, applicants shall first file applications 
with the competent authorities depending on the different types of commodities and collect 
import licenses from the Ministry of Commerce or i ts entrusted institutions upon approval. 
Qualified applicants can obtain import licenses in no more than three working days and in no 
more than ten working days under special circumstances.  
 
8. In the event the State decides to take interim prohibitive mea sures against or impose interim 
import quantity restrictions on commodities subject to automatic import licensing, issuance of 
automatic import licenses will be ceased from the effective date of interim measures.  
 
In the event an applicant of commodity imp ort licenses does not conform to the provisions of 
Chapter II or Chapter III of the Measures for the Administration of Commodity Import Licenses 
(Decree of the Ministry of Commerce [2004] No. 27), its application for licenses may be refused.  
The reasons fo r the refusal will be given to the applicant, whom will be informed of its legal rights to 
resort to an administrative reconsideration or administrative suit.  
 
Eligibility of Importers to Apply for Licence  
9. On commodities subject to import licenses, aut omatic import licensing and import tariff -rate 
quotas, save for that commodities under state -trading administration need to be imported by agents 
of state -trading enterprises, any person or firm who satisfies the legal business qualifications and 
requireme nts may apply for a license for the importation of such commodities. There is a published 
list of state -trading enterprises.  G/LIC/N/3/CHN/14  
 
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  Documentational and Other Requirements for Application for Licence  
10.  Information and materials required to be provided to apply  for import licenses  are detailed in 
Chapter II and Chapter III of the Measures for the Administration of Commodity Import Licenses 
(Decree of the Ministry of Commerce [2004] No. 27).  
 
Information and materials required to be provided to apply for automat ic import licenses are detailed 
in Article 8 of the Measures for the Administration of Commodity Automatic Import Licenses  (Decree 
of the Ministry of Commerce and the General Administration of Customs  [2004] No. 26).  
 
Information required in an applicatio n for import tariff -rate quotas on agricultural products is detailed 
in the Application Requirements and Allocation Principles of Grain Import Tariff -rate quotas in 2015  
and the Application Requirements and Allocation Principles of Cotton Import Tariff -rate quotas in 
2015 promulgated in the Announcement No. 22 [2014] by the National Development and Reform 
Commission on December 10, 2014, and the Detailed Rules on the Implementing Rules on the 
Administration of Import Tariff -rate quotas on Wool and Tops in 2015 and the Application and 
Allocation of Sugar Import Tariff -rate quotas in 2015 published by the Ministry of Commerce 
respectively in the Announcement No. 65 [2014] on September 26, 2014 and Announcement No.66 
[2014] on September 30, 2014.  
 
Information required in an application for import tariff -rate quotas on fertilizer is detailed in the 
Volume, Allocation Principles and Application Procedures of Fertilizer Import Tariff -rate Quotas in 
2015 published in the Announcement  No. 70 [2014] by the Ministry o f Commerce on 
October  15, 2014.  
 
11.  Documents required to be provided for actual import of commodities subject to import licensing 
are detailed in Article 6 of the Measures for the Administration of Commodity Import Licenses  
(Decree of the Ministry of Co mmerce [2004] No. 27).  
 
Documents required to be provided for actual import of commodities subject to automatic import 
licensing are detailed in Article 7 of the Measures for the Administration of Commodity Automatic 
Import Licenses  (Decree of the Ministry  of Commerce and the General Administration of Customs 
[2004] No. 26).  
 
Documents required to be provided for actual import of agricultural pr oducts subject to import 
tariff-rate quotas are detailed in Chapter V of the Interim Measures for the Administrati on of Import 
Tariff-rate Quotas of Agricultural Products  (Decree of the Ministry of Commerce and the National 
Development and Reform Commission [2003] No.4).  
 
Documents required to be provided for actual import of fertilizer subject to import tariff -rate q uotas 
are detailed in Article 13 of the Interim Measures for the Administration of Import Tariff -rate Quotas 
of Fertilizer (Decree of the former National Economic and Trade Commission and the General 
Administration of Customs [2002] No. 27).  
 
12.  No. 
 
13.  No. 
 
Conditions of Licensing  
14.  The validity of an import l icense is one year, effective in the year, which can be extended for 
once for no more than three months.  
 
The validity of an automatic import license is six months, effective in the calendar ye ar. The 
license holder needs to go through formalities with the original issuing authority if the validity 
needs to be extended.  
 
The validity of a certificate for import tariff -rate quota of agricultural products is one year, effective 
in the year, which can be extended but only to February the next year. The certificate for import 
tariff-rate quota of agricultural products allocated to those who come first shall be effective for 
three months upon issuance in 2015 and no later than December 31, 2015, while  whose validity 
can be extended to no later than February of the following year.  G/LIC/N/3/CHN/14  
 
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  The certificate for import tariff -rate quota of fertilizer in 2015 shall be three months upon issuance 
and no later than December  31, 2015.  
 
15.  With respect to commodities ( except fertilizer) subject to import tariff -rate quotas, the quota 
holders shall return the tariff -rate quotas not used in the year within a specified time limit every 
year so that reallocation can be made. In order to ensure that all allocated tariff -rate quotas are 
used for imports, anyone who has not used up the tariff -rate quota allocated in the year and failed 
to return the remaining quota within the specified time limit will be reduced of the volume of the 
tariff-rate quota in the following year.  
 
The quota licensing administration will urge the tariff -rate quota authority to remind enterprises 
whose writing -off rate is less than 25% in the first quarter to timely return the quota not used, to 
warn and caution enterprises whose writing -off rate is les s than 25% in the second quarter, and to 
reduce 50% of the tariff -rate quota volume, cease granting new Certificate for Import Tariff -rate 
Quotas of Fertilizer or take other measures against enterprises whose writing -off rate is less than 
25% in the third quarter.  
 
The non -utilization of an import license or an automatic import license or of a portion thereof will 
not be subject to penalty.  
 
16. Import licenses, automatic import licenses and tariff -rate quota certificates  are 
non-transferable.  
 
17. There is  no other condition.  
 
Other Procedural Requirements  
18. Inspection and quarantine certifications issued by the quality inspection authority shall be 
provided for commodities listed in the statutory inspection catalogue before import.  
 
19. China imposes no  limitation on international payment under commodity trading.  
 
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