G/LIC/N/3/CHN/13  
 
22 January 2015  
(15-0467)  Page: 1/7  
Committee on Import Licensing  Original: English  
 
  REPLIES TO QUESTIONNAIRE ON  IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT  
ON IMPORT LICENSING PROCEDURES - 2014 
CHINA 
The following communication, dated 21 January 2015, 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.  There are three types of import licensing in China: import licenses, automatic import licensing 
and import tariff-rate quotas.  In addition, 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 2014 specified in the Catalogue for Commodities 
Subject to Import Licenses in 2014  (Announcement of the Ministry of Commerce, the State 
Administration of Customs and the General Administration of Quality Supervision, Inspection and 
Quarantine [2013] No. 97), including ozone depletin g substances and part of used mechanical and 
electronic products.   Automatic import licenses apply to commodities specified in the Catalogue for Commodities 
Subject to Automatic Import Licenses in 2014  (Announcement of the Ministry of Commerce and 
the State Administration of Customs [2013] No. 98) and the Announcement  of Cancel on 
Catalogue for Commodities Subject to Automatic Import Licenses (Announcement of the Ministry 
of Commerce and the State Administration of Customs [2014] No. 47). 
 2014 import tariff-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, fertilizer, etc. (See table 1).  
                                               
1 See document G/LIC/3, Annex, for the Questionnaire. 
2 Similar procedures are understood to include tech nical visas, surveillance systems, minimum price 
arrangements, and other administra tive reviews effected as a prio r condition for entry of imports.    G/LIC/N/3/CHN/13 
 
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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 depleting substances are subject to restriction based on China’s obligations 
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 of some 
commodities. 
 5.  In terms of law, the Foreign Trade Law  (promulgated by Decree of the President [1994] No. 22 
and amended by Decree of the Pr esident [2004] No. 15) and the  Administrative Licensing Law  
(Decree of the President [2003] No. 7) prescribe the basic system and legal principles applicable to import licensing. Under said laws, the State Council promulgated the Regulations on 
Administration of Import and Export of Commodities  (Decree of the State Council [2001] No. 332), 
specifying the circumstances subject to import licensing, and pursuant to which, with respect to 
commodities subject to import licensing 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) and 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). 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 Licensing and 
the adjustments thereto. In addition, other currently effective 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 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/13 
 
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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 Ad ministration 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 Relevant 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 administrative 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 Mi nistry 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 2014, products subject to import tariff-rate qu otas include corn, wheat, rice, sugar, cotton, 
wool, tops and fertilizer, whose tariff-rate quotas are applicable globally. Besides, in 2014, 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 glob al 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. A nnouncements regarding allocation of tariff-rate 
quotas in 2014 include: 
 
- the Volume, Application Requirements and Allocation Principles of Grain and Cotton 
Import Tariff-rate quotas in 2014 promulga ted in the Announcement No. 39 [2013] by 
the National Development and Reform Commission on September 25, 2013;  
 - the Implementing Rules on the Administration of Import Tariff-rate quotas on Wool and 
Tops in 2014 and the Detailed Rules on the Application and Allocation of Sugar Import 
Tariff-rate quotas in 2014 published respec tively in the Announcement No. 67 [2013] 
and Announcement No. 68 [2013] by  the Ministry of Commerce on 
September 27, 2013, and the Volume, Allocati on Principles and Ap plication Procedures 
of Fertilizer Import Tariff-rate quotas in  2014 published in the Announcement No. 70 
[2013] by the Ministry of Commerce on October 10, 2013; 
 
- the Announcement on the Implementing Rules on Administration of Individual Country 
Import Quotas on Wool and Tops in 2014 promulgated in the Announcement No. 86 [2013] by the Ministry of Commerce and the General Administration of Customs on December 12, 2013 and ; G/LIC/N/3/CHN/13 
 
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  - the Announcement on Reallocation of Import Tariff-rate quotas on Agricultural Products 
in 2014 promulgated in the Announcement No. 12 [2014] by the National Development and Reform Commission and the Ministry  of Commerce on August 24, 2014. 
 
 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 wool and tops imported from New Zealand were 31,907 tons and 574 tons respectively in 2014. 
 
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 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 clearance is the whole Gregorian calendar year. 
 
 Quotas on wool, wool tops and fertilizers are allocated to those who come first with 
contracts. The validity of quota certificates granted in 2014 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. 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 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 subject 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 will 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 quotas 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 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 October 15 and October 30 of each year. 
 
 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 G/LIC/N/3/CHN/13 
 
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  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 automa tic import licensing, th e issuing authority will, 
to the extent of feasibility, immediately approve license applications with accurate content 
and in complete forms upon receipt and shall not exceed 10 business 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) A license can be granted immediately on request with respect to commodities subject to 
automatic import licensing. 
 
(c) There is not any limitation. 
 (d) With respect to commodities subject to automatic import licensing, applicants can just file 
applications with the organ authorized by the Ministry of Commerce. 
  With respect to commodities subject to import licensing, applicants shall first file applications 
with the competent authorities depending on th e different types of commodities and collect 
import licenses from the organ authorized by the Ministry of Commerce 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 fr om the effective date of interim measures. 
 In the event an applicant of commodity import li censes 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 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. A system of automatic registration of persons or firms engaged in importation started to take 
effect on July 1, 2004. Refer to the Measures for the Filing and Registration of Foreign Trade 
Operators issued by Order No. 14 [2004] published by the Ministry of Commerce on June 25, 2004.  
On commodities subject to import licenses, automatic 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 requirements 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/13 
 
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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 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 an d the General Administration of Customs [2004] 
No. 26).   Information required in an application for import tariff-rate quotas on agricultural products is 
detailed in the Volume, Application Requirements and Allocation Principles of Grain and Cotton 
Import Tariff-rate quotas in 2014 promulgated in the Announcement No. 39 [2013] by the National Development and Reform Commission on Septem ber 25, 2013, and the Detailed Rules on the 
Implementing Rules on the Administration of Import Tariff-rate quotas on Wool and Tops in 2014 
and the Application and Allocation of Sugar Import Tariff-rate quotas in 2014 published 
respectively in the Announcement No. 67 [2013]  and Announcement No.68 [2013] by the Ministry 
of Commerce on September 27, 2013. 
 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 
2014 published in the Announcement No. 70 [2013] by the Ministry of Commerce on 
October 10, 2013.  
11.  Documents required to be provided for ac tual 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 Commerce [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 Co mmerce 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 V 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 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 license 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 year. 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 qu ota of agricultural products is one year, effective 
in the year, which can be extended for no more than two months. 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 2014 and no later than December 31, 2014, while whose validity can be extended to no later than February of the following year. G/LIC/N/3/CHN/13 
 
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  The certificate for import tariff-rate quota of fertilizer in 2014 shall be three months upon issuance 
and no later than December 31, 2014.  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 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 certificates are 
non-transferable. 
 17.  There is no other condition. 
 
Other Procedural Requirements  
18.  Inspection and quarantine certifications issu ed 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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