§ 748.10 People's Republic of China (PRC) End-User Statement. ( a ) *Requirement to obtain document.* Unless the provisions of § 748.9(c) or § 748.11(a)(2) apply, a PRC End-User Statement is required for license applications including any of the following commodities destined for the PRC: ( 1 ) Cameras classified under ECCN 6A003 requiring a license to the PRC for any reason, and the value of such cameras exceeds $5,000;
( 2 ) Computers requiring a license to the PRC for any reason, regardless of the value of the computers; or
( 3 ) Any commodity(ies) requiring a license to the PRC for any reason on the Commerce Control List, and the total value of such commodity(ies) requiring a license exceeds $50,000. Note 1 to paragraph ( a
):
If an order meets the commodity(ies) and value requirements listed above, then a PRC End-User Statement is required. An order may not be split into multiple license applications solely to avoid a requirement to obtain a PRC End-User Statement.
Note 2 to paragraph ( a
):
If an order includes both items that do require a license to the PRC and items that do not require a license to the PRC, the value of the latter items should not be factored into the value thresholds described above. Also, if a license application includes 6A003 cameras and other items requiring a license to the PRC, then the value of the 6A003 cameras should be factored into the value threshold described in paragraph (a)(3).
Note 3 to paragraph ( a
):
See § 748.11(a)(2) for permissive use of a Statement by Ultimate Consignee and Purchaser in place of a PRC End-User Statement.
Note 4 to paragraph ( a
):
On a case-by-case basis, BIS may require license applicants to obtain a PRC End-User Statement for a license application that would not otherwise require a PRC End-User Statement under the requirements of paragraph (a) of this section.
Note 5 to paragraph ( a
):
This requirement to obtain an end-user statement from the PRC Ministry of Commerce does not apply to transactions destined to the PRC Special Administrative Region of Hong Kong.
( b ) *Obtaining the document.* ( 1 ) If a PRC End-User Statement is required for any reason under paragraph (a) of this section, then applicants must request that the importer obtain a PRC End-User Statement for all items on a license application that require a license to the PRC for any reason listed on the CCL.
( 2 ) PRC End-User Statements are issued and administered by the Ministry of Commerce; Department of Mechanic, Electronic and High Technology Industries; Export Control Division I; Chang An Jie No. 2; Beijing 100731 China; Phone: (86)(10) 6519 7366 or 6519 7390; Fax: (86)(10) 6519 7543; *http://zzyhzm.mofcom.gov.cn/*. See the BIS Web site (*www.bis.doc.gov*) for the current contact information.
( c ) *Content of the document.* ( 1 ) The license applicant's name must appear on the PRC End-User Statement submitted to BIS as the applicant, supplier, or order party.
( 2 ) License applicants must ensure that the following information is included on the PRC End-User Statement signed by an official of the Department of Mechanic, Electronic and High Technology Industries, Export Control Division I, of the PRC Ministry of Commerce (MOFCOM), with MOFCOM's seal affixed to it: ( i ) Title of contract and contract number (optional);
( ii ) Names of importer and exporter;
( iii ) End user and end use;
( iv ) Description of the commodity, quantity and dollar value; and
( v ) Signature of the importer and date. Note to paragraph ( c
):
The license applicant should furnish the consignee with the commodity description contained in the CCL to be used in applying for the PRC End-User Statement. It is also advisable to furnish a manufacturer's catalog, brochure, or technical specifications if the commodity is new.
( d ) *Procedures for using document with license application* — ( 1 ) *Using a PRC End-User Statement for multiple applications.* A PRC End-User Statement may cover more than one purchase order and more than one item. Where the Statement includes items for which more than one license application will be submitted, the applicant should ensure that the total quantities on the license application(s) do not exceed the total quantities shown on the PRC End-User Statement.
( 2 ) *Alterations.* After a PRC End-User Statement is issued by the Government of the People's Republic of China, no corrections, additions, or alterations may be made on the certificate by any person. Any necessary corrections, additions, or alterations should be noted by the applicant in a separate statement on file with the applicant.
( 3 ) *Validity period.* A PRC End-User Statement is valid until the quantities of items identified on the Statement have been shipped.
[80 FR 13218, Mar. 13, 2015, as amended at 85 FR 83792, Dec. 23, 2020]