G/LIC/N/3/CHN/15  
 
12 January  2018 
(18-0372) 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  - 2016 
CHINA 
The following communication, dated 2 January  2018, 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 2016 spec ified in the Catalogue for Commodities 
Subject to Import Licenses in 2016  (Announcement of the Ministry of Commerce, the State 
Administration of Customs and the General Administration of Quality Supervision, Inspection and 
Quarantine [2015] No. 75), includ ing ozone depleting substances and key  used mechanical and 
electronic products.  
 
Automatic import licenses apply to commodities in 2016 specified in the Catalogue for 
Commodities Subject to Automatic Import Licenses in 2016  (Announcement of the Ministry of  
Commerce and the State Administration of Customs [2015] No. 74).  
 
2016 import tariff -rate quotas apply to commodities subject to import tariff -rate quotas as 
determined by the Protocol on Accession of the Peoples Republic of China into WTO, including such  
47 eight digit tariff line commodities as grain, cotton, sugar, wool, to ps, fertilizer, 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 administrative reviews effected as a prior condition for entry of imports.    
 G/LIC/N/3/CHN/15  
 
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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  11031929  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 China 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 de pleting substances are subject to restriction based on Chinas 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 licenses 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 
quantity 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 o f 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 Admin istration of Import and Export of 
Commodities (Decree of the State Council [2001] No. 332) prescribe the basic system and legal 
principles applicable to import licensing. Pursuant to the above -mentioned laws and regulation, 
with respect to commodities subj ect to import license and automatic import licensing, the currently 
effective rules promulgated 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 Administration of 
Commodity Automatic Import Licenses  (Decree of the Ministry of Commerce and the General 
Administration of Customs [2004] No. 26),  Measures for the Administration o f the Import of 
Electromechanical Products (Decree of Ministry of Commerce, General Administration of Customs 
and General Administration of Quality Supervision , Inspection and Quarantine [2008] No.7) , 
Measures for the Administration of Import of Certain U sed Electromechanical Products (Decree of 
Ministry of Commerce, General Administration of Customs and General Administration of Quality 
Supervision , Inspection and Quarantine [2008] No.5) and Implementation Measures for the 
Automatic Import Licensing of E lectromechanical 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 
Subjec t to Import Licensing and the Catalogue for Commodities Subject to Automatic Import 
Licensing and the adjustments thereto. In addition, other currently effective rules and 
administrative measures in relation to import licensing are  the Measures for the Adm inistration of 
Issuing Authorities of Import and Export Commodity Licenses  (Decree of the 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).  G/LIC/N/3/CHN/15  
 
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  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 Fertilizers  (Decree of the former 
Economic and Trade Commission and the General Administration of Customs [2002] No. 27), in 
conformity with which, the Ministry of Comm erce 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 ad ministrative 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 Equ ipment 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 Relevant Chemicals and Related Equipment 
and Technologies  (Decree of the former Ministry of Foreign Trade and Economic Cooperation, the 
former National Economic and Trade C ommission and the General Administration of Customs 
[2002] No. 33). Pursuant to said administrative rules, the currently effective rules 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), Provisions on the Management of Import and Export of Precursor Chemicals  
Announcement by the Ministry of Commerce[2006] No.7, 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 Dual -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 
2016, 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 2016, China 
imposes countr y-specific tariff -rate quotas on wool and tops from New Zealand pursuant to the 
Free Trade Agreement between New Zealand and China . China imposes country -specific tariff -rate 
quotas on wools from Australia pursuant to the Free Trade Agreement between Austr alia 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 -specific 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 2016 include:  
 
- the Application R equirements and Allocation Principles of Grain Import Tariff -rate 
quotas in 2016  and the Application Requirements and Allocation Principles of Cotton 
Import Tariff -rate quotas in 2016,  promulgated in the Announcement No. 22 [2015] 
by the National Developme nt and Reform Commission on 29 September 2015;  
 
- the Implementing Rules on the Administration of Import Tariff -rate quotas on Wool 
and Tops in 2016 and the Detailed Rules on the Application and Allocation of Sugar 
Import Tariff -rate quotas in 2016  publish ed by the Ministry of Commerce respectively 
in the Announcement No. 45[2015] on 16 October 2015 and in the Announcement 
No. 42 [2015] on 8 October 2015, and the Volume, Allocation Principles and 
Application Procedures of Fertilizer Import Tariff -rate quota s in 2016 published in the 
Announcement No. 51  [2015] by the Ministry of Commerce on 28 October 2015;  
 G/LIC/N/3/CHN/15  
 
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  - the Announcement on the Implementing Rules on Administration of Individual Country 
Import Quotas on Wool and Tops in 2016 promulgated in the Announceme nt No.71 
[2015] by the Ministry of Commerce and the General Administration of Customs on 
14 December 2015; 
 
- the Announcement on Reallocation of Import Tariff -rate quotas on Agricultural 
Products in 2016  promulgated in the Announcement No. 19 [2016] by th e National 
Development and Reform Commission and the Ministry of Commerce on 
17 August  2016.  
 
- the implementing Rules for Administration on Country -specific Import Tariff Quotas of 
Australian Wools in 2016  promulgated in the Announcement No. 12 [2016] by the 
Ministry of Commerce and the General Administration of Customs on 29 March 2016 . 
 
 Import tariff -rate quotas are global quotas, of which, there are country -specific quotas on 
wool and tops imported from New Zealand and country -specific quotas on wool from 
Austra lia. The country specific tariff -rate quotas on wool and tops imported from 
New Zealand were 35,178 tons and 633 tons respectively in 2015. The country specific 
tariff-rate quotas on wool imported from Australia were 30,000 tons (clean fleece we ight).  
 
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 each year and are valid 
in a whole Gregorian calendar year. As to the goods that hav e been loaded before 
31 December, the quota licenses can be extended to the end of February of the following 
year. The validity of quota certificates for holders of quotas on grain, cotton and sugar to 
handle customs clearance is the whole Gregorian calend ar 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 2016 to handle customs clearance is 
three months.  
 
III. Quota holders 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 return 
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. As for 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 period 
for submission of applic ations.  
 
VI. As for 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 subject to import tari ff-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 will examine the appli cations 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 quotas 
certificate, impo rt 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 G/LIC/N/3/CHN/15  
 
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  other related factors; import tariff -rate quotas on wool, tops and fertilizers will be allocated 
based on first come, first served 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 15 October and 30 October of each year.  
 
Upon submission of applications for import tariff -rate quotas, the quota administrative 
authority will make allocations within two months.  
 
IX.  Import tarif f-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 appli cants 
are not required to obtain commodity import licenses 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 commodit ies 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 applications 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 ap plication 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 not exceed 10 working days i n 
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 then 
collect import licenses from the Ministry of Commerce or its entrusted inst itutions 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 measures 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 import 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 for the refusal wil l be given to the applicant, whom will be informed of its legal rights 
to resort to an administrative reconsideration or administrative suit.  
 G/LIC/N/3/CHN/15  
 
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  Eligibility of Importers to Apply for Licence  
9. On commodities subject to import licenses, automatic import lic ensing 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 requirements may apply for  a license for the importation of such commodities. 
There is a published list of state -trading enterprises.  
 
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 automatic 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 Custo ms [2004] 
No. 26).  
 
Information required in an application for import tariff -rate quotas on agricultural products is 
detailed in the Application Requirements and Allocation Principles of Grain Import Tariff -rate 
quotas in 2016  and the Application Require ments and Allocation Pri nciples of Cotton Import 
Tariff-rate quotas in 2016 promulgated in the Announcement No. 22 [2015] by the National 
Development and Reform Commission on September 29, 2015, and the Detailed Rules on the 
Implementing Rules on the Admin istration of Import Tariff -rate quotas on Wool and Tops in 2016  
and the Application and Allocation of Sugar Import Tariff -rate quotas in 2016 published by the 
Ministry of Commerce respectively in the Announcement No. 45 [2015] on 16 October 2015 and 
Announ cement No.42 [2015] on 8 October 2015.  
 
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 
2016 published  in the Announcement No. 51 [2015] by the Ministry of Commerce on 
28 October  2015.  
 
11.  Documents required to be provided for actual import of commodities subject to import 
licensing are detailed in the Measures for the Administration of Commodity Import Licenses  
(Decree of the Ministry of Commerce [2004] No. 27) and the Working Rules on Issuance of Import 
Licenses  (Shang Pei Fa [2007] No. 360).  
 
Documents required to be provided for actual import of commodities subject to automatic import 
licensing are de tailed 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 products subject to import 
tariff-rate quotas are detailed in Chapter II of 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).  
 
Documents required to be provided for actual import of fertilizer subject to import tariff -rate 
quotas are detailed in Article 13 of the Interim Measures for the Admin istration 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 license is one year, effective in the year, which can be extended for 
once for no more than three months.  G/LIC/N/3/CHN/15  
 
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  The validity of an automatic import license is six months, effective in the calendar year. The 
license holder needs to go through formalities with the origina l 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 2016 and no later than 31 December 2016, while whose validity 
can be extended to no later than February of the followi ng year.  
 
The certificate for import tariff -rate quota of fertilizer in 2016 shall be three months upon issuance 
and no later than 31 December 2016.  
 
15.  With respect to commodities 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 ta riff-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 y ear.  
 
The quota licensing administration will urge the Issuing Authorities for tariff -rate quotas of 
fertilizer 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 ent erprises whose writing -off rate is less 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 certificat es 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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