G/LIC/N/3/CHN/16  
 
30 January  2020 
(20-0742) 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 AGREEMENT   
ON IMPORT LICENSING PRO CEDURES  (2017) 
CHINA 
The following communication, dated 23 January 2020 , 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 separat ely described in respect of each question as relevant.  
 
Outline of System  
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 licensi ng 
2. Import licenses apply to all commodities in 2017 specified in the Catalogue for Commodities 
Subject to Import Licenses in 2017 (Announcement of the Ministry of Commerce, the State 
Administration of Customs and the General Administration of Quality Su pervision, Inspection and 
Quarantine [2016] No. 85), including ozone depleting substances and key  used mechanical and 
electronic products.  
 
Automatic import licenses apply to commodities in 2017 specified in the Catalogue for Commodities 
Subject to Automat ic Import Licenses in 2017 (Announcement of the Ministry of Commerce and the 
State Administration of Customs [2016] No. 84).  
 
2017 import tariff -rate quotas apply to commodities subject to import tariff -rate quotas as determined 
by the Protocol on Accessio n 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 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/16  
 
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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 or 
places of sources unless otherwise provided for in the free trade Agreements  entered into by China 
and relevant countries and regions.    
 
4. China has not maint ained 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 su bject 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 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 Licens ing 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. It is a pre ferential tariff 
arrangement and not a quantitative restriction measure.  
  
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. 332) 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 lic ensing, the currently effective rules promulgated 
by the Ministry of Commerce (the former Ministry of Foreign Trade and Economic Cooperation) and 
related authorities are the Measures for the Administration of Commodity Import Licenses  (Decree 
of the Minist ry 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 of the Import of Electro mechanical 
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 Used Electromechanical Pr oducts (Decree of Ministry of 
Commerce, General Administration of Customs and General Administration of Quality Supervision, 
Inspection and Quarantine [2008] No.5), 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 G/LIC/N/3/CHN/16  
 
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  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 Autho rities 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).  
 
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 Measu res 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 Commerce and the National Develop ment 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 promulgate d 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  
(Decr ee 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] N o.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 Admi nistration 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 an d 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 2017, 
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 2017, 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 . China imposes country -specific tariff -rate quotas on 
wools from Australia pursuant to the Free Trade Agreement  between Austral ia 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 
2017 include:  
 
1) the Application Req uirements and Allocation Principles of Grain Import Tariff -rate quotas 
in 2017  and the Application Requirements and Allocation Principles of Cotton Import 
Tariff-rate quotas in 2017,  promulgated in the Announcement No. 23 [2016] by the 
National Development  and Reform Commission;  
 
2) the Implementing Rules on the Administration of Import Tariff -rate quotas on Wool and 
Tops in 2017 and the Detailed Rules on the Application and Allocation of Sugar Import G/LIC/N/3/CHN/16  
 
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  Tariff-rate quotas in 2017  published by the Ministry of Commerce respectively in the 
Announcement No. 66[2016] and in the Announcement No. 53[2016] , and the Volume, 
Allocation Principles and Application Procedures of Fertilizer Import Tariff -rate quotas in 
2017 published in the Announcement No. 56[2016] by the  Ministry of Commerce;  
 
3) the Announcement on Reallocation of Import Tariff -rate quotas on Agricultural Products 
in 2017  promulgated in the Announcement No. 11 [2017] by the National Development 
and Reform Commission and the Ministry of Commerce;  
 
4) the implementing Rules for Administration on Country -specific Import Tariff Quotas of 
Wool and Tops from New Zealand and Wools from Australia in 2017  promulgated in the 
Announcement No. 6 [2017] by the Ministry of Commerce and the General 
Administration of Cus toms. 
 
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 have 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 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 2017 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 submi ssion 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  applications.  
 
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 im port 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 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 b ased 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 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.  G/LIC/N/3/CHN/16  
 
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  IX. Import tariff -rate quota application proce dures (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 obta in 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 commodities subject to automatic im port 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 upo n 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 not exceed 10 working days in maximum under 
special  circumstances.  
 
(c)  There is no 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 institutions up on 
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 inte rim 
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 confor m 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. 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/16  
 
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  Documentation and other requirements for application for licence  
10.  Information and materials required to be provided to apply for import licenses are detai led 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 detaile d 
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 application for import tariff -rate quota s on agricultural products is detailed 
in the Application Requirements and Allocation Principles of Grain Import Tariff -rate quotas in 2017 
and the Application Requirements and Allocation Principles of Cotton Import Tariff -rate quotas in 
2017 promulgated i n the Announcement No. 23 [2016] by the National Development and Reform 
Commission, and the Detailed Rules on the Implementing Rules on the Administration of Import 
Tariff-rate quotas on Wool and Tops in 201 7 and the Application and Allocation of Sugar Imp ort 
Tariff-rate quotas in 2017 published by the Ministry of Commerce respectively in the Announcement 
No. 66 [2016] and Announcement No.53 [2016].  
 
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 
2017 published in the Announcement No. 56 [2016] by th e Ministry of Commerce.  
 
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 detailed the Measures for the Administration of Commodity Automatic Import Licenses  
(Decree of the Ministry of Commerce and the General Administrat ion 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 Agri cultural 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 calendar year. The license 
holder needs to go thro ugh 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 th e 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 2017 and no later than 31 December 2017, while whose validity can be 
extended to no la ter than February of the following year.  
 G/LIC/N/3/CHN/16  
 
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  The certificate for import tariff -rate quota of fertilizer in 2017 shall be three months upon issuance 
and no later than 31 December 2017.  
 
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 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 Issuing Author ities 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 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 issued by the quality inspection authority shall be 
provided for commodities listed in the statutory inspection catalogue before import.  
 
19. China does not maintain lim itation on international payment under commodity trading.  
 
 
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