G/LIC/N/3/CHN/12  
 
28 February 2014  
(14-1252)  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 - 2013 
CHINA 
The following communication, dated 25 February 2014, 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 licensing, automatic import licensing 
and import tariff-rate quotas. In addition, China adopts import (export) licenses to specific dual-use substances for the purposes of safeguarding national security and public interest and 
fulfilling the obligations under relevant international agreements. 
 Purposes and Coverage of Licensing 
2.  Import licenses apply to all commodities in 2013 specified in the Catalogue for Commodities 
Subject to Import Licenses in 2013  (Announcement of the Ministry of Commerce, the State 
Administration of Customs and the General Administration of Quality Supervision, Inspection and 
Quarantine [2012] No. 98), including ozone depletin g substances and part of used mechanical and 
electronic products.  Automatic import licenses apply to commodities in 2013 specified in the Catalogue for 
Commodities Subject to Automatic Import Licenses in 2012  (Announcement of the Ministry of 
Commerce and the State Administration of Customs [2012] No. 94) 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 [2013] No. 60). 
 2012 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, wool top, fertilizer, etc. 
  
                                               
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/12 
 
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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 ozon e depleting substances and used mechanical and 
electronic products. Ozone depleting substances ar e subject to restriction as China needs to abide 
by the Montreal Protocol on Substances that Deplete the Ozone Layer , and part of used mechanical 
and electronic products are subject to import license for the purposes of maintaining social 
interests, protecting the environment and consumer health and security.  Automatic import licenses apply to part of commodities, which can be imported freely, for the 
purpose of monitoring the import of commoditi es and doing trade statistics. The content and 
implementing methods thereof comply with the  Agreement on Import Licensing Procedures,  and 
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 will promulgate 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). 
 
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 will publish every year in the form of announcements the volume, distribution means 
and application requirements of import tariff-rate quotas of commodities. G/LIC/N/3/CHN/12 
 
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  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 Mini stry of Commerce will publish 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 
2013, products subject to import tariff-rate quotas include corn, wheat, rice, sugar, cotton, wool, wool top and fertilizer, whose tariff-rate quotas are applicable globally. Besides, in 2013, China 
imposes individual country tariff-rate quotas on wool and wool top 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 individual country 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 2013 include: 
 
- the Volume, Application Requirements and Allocation Principles of Grain and Cotton 
Import Tariff-rate quotas in 2013  promulgated in the Announcement No. 35 [2012] by 
the National Development and Reform Commission on 26 September 2012;  
 
- the Implementing Rules on the Administration of Import Tariff-rate quotas on Wool 
and Wool top in 2013 and the Detailed Rule s on the Application and Allocation of 
Sugar Import Tariff-rate quotas in 2013  published respectively in the Announcement 
No. 60 [2012] and Announcement No. 59 [2012]  b y  t h e  M i n i s t r y  o f  C o m m e r c e  o n  
25 September 2012, and the Volume, Allocation Principles and Application Procedures 
of Fertilizer Import Tariff-rate quotas in 2013  published in the Announcement No. 61 
[2012] by the Ministry of Commerce on 10 October 2012; 
 - the Announcement on the Administration of Individual Country Import Quotas on Wool 
and Wool top in 2013  promulgated in the Announcement No.89 [2012] by the Ministry 
of Commerce and the General Administration  of Customs on 18 December 2012 and  
 
- the Announcement on Reallocation of Import Tariff-rate quotas on Agricultural 
Products in 2013  promulgated in the Announcement No. 35 [2013] by the National 
Development and Reform Commission and the Ministry of Commerce on 14 August 2013. 
 
Import tariff-rate quotas are global quotas, of which, there are individual country quotas on 
wool and wool top for New Zealand. The indivi dual country tariff-rate quotas on wool and 
wool top imported from New Zealand were 30,388 tons and 547 tons respectively in 2013. 
 II. The total size of tariff-rate quotas is determined on a yearly basis. Tariff-rate quotas on 
grain, cotton, sugar and fertilizer are granted to end users before 1 January each year and G/LIC/N/3/CHN/12 
 
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  are valid in a whole Gregorian calendar year an d 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 on the strength of contracts. The validity of quota certificates granted in 2013 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. For commodities subject to import tariff-rate quotas, except for quotas allocated to those 
who come first, the time for processing applicat ions is two months upon expiry of the period 
for submission of applications. 
 VI. For commodities subject to import tariff-ra te 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, wool top and fertilizers or the National Development and Reform Commission for grain and cotton. Such organs will examine the applicat ions 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 qu otas 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, wool top 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 may, 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 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. G/LIC/N/3/CHN/12 
 
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(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 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 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 the differing types of commodities and collect 
import licenses from the organ authorized by the Ministry of Commerce upon approval. Said 
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 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 a pplicant, whom will be informed of its rights to 
legally 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 1 July 2004. Refer to the Measures for the Filing and Registration of Foreign Trade Operators issued by Order No. 14 [2004] publishe d by the Ministry of Commerce on 25 June 2004. 
 
Any person or firm who satisfies the legal busine ss qualifications and requirements may apply for 
import licenses , automatic import licensing and import tariff-rate quotas, except for those 
commodities subject to state-trading administration. 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 th e General Administration of Customs [2004] 
No. 26).  
 Information required in an application for import tariff-rate quotas on agricultural products is 
detailed in t he Volume, Application Requirements and Allocation Principles of Grain and Cotton 
Import Tariff-rate quotas in 2013  promulgated in the Announcement No. 35 [2012] by the National 
Development and Reform Commission on 26 September 2012, and the Detailed Rules on the G/LIC/N/3/CHN/12 
 
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  Implementing Rules on the Administration of Impo rt Tariff-rate quotas on Wool and Wool top in 
2013 and the Application and Allocation of Sugar Import Tariff-rate quotas in 2013 published 
respectively in the Announcement No. 60 [2011] and Announcement No. 59 [2011] by the Ministry of Commerce on 25 September 2012. 
 
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 
2013 published in the Announcement No. 61 [2012] by the Ministry of Commerce on 
10 October 2012.  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 Commerce an d 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 2013 and no later than 31 December 2013, while whose validity can be 
extended to no later than February of the following year.  
The validity of a certificate for import tariff-rate quota of fertilizer is 180 days, effective in the 
year, which can be extended for no more than 180 days.  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 G/LIC/N/3/CHN/12 
 
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  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.  There is no limitation on international payment under commodity trading.  
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