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NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON ADJUSTING THE EXPORT REBATE RATES
 
(No. 222 [2003] of the State Administration of Taxation, the Ministry of Finance promulgated on October 13, 2003 and shall come into force as of January 1, 2004)
     
     
SUBJECT : EXPORT REBATE; EXPORT REBATE RATES ADJUSTMENT
ISSUING DEPARTMENT : STATE ADMINISTRATION OF TAXATION, MINISTRY OF FINANCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 10/13/2003
IMPLEMENT DATE : 01/01/2004
LENGTH : 2,408 words
TEXT :
Upon approval of the State Council, we have made structural adjustments on the current export rebate rates for value-added tax, and hereby give our notice as follows regarding the relevant matters:


I. The current export rebate rates for the following goods shall remain unchanged:

(1) the agricultural products whose current export rebate rates range between 5% and 13%;

(2) the industrial products processed from agricultural products whose current export rebate rate is 13% (except for those prescribed in Articles 3 and 4 of the present Notice);

(3) the goods whose VAT rate prescribed in current taxation policies is 17%, and whose tax refund rate is 13% (except for those prescribed in Articles 3 and 4 of the present Notice); and

(4) ships, automobiles and the key components and parts thereof, aircrafts and spacecrafts, digital control machines, processing centers, printing circuits, railway locomotives, etc. whose current export rebate rate is 17% (see Annex 1 for the HS codes and commodity names).


II. The export rebate rate for wheat flour, maize (corn) flour, severed ducks, severed rabbits and other goods listed in Annex 2 is raised from 5% to 13%.


III. The policies on tax refund for export of crude oil, wood, paper pulp, fine goat hair, eels, rare earth minerals, phosphorus ores, natural graphite and other goods listed in Annex 3 shall be cancelled. For the goods subject to the consumption tax, the policies on export rebate or exemption of consumption tax shall be cancelled accordingly.


IV. The export rebate rates for the following goods are lowered:

(1) The export rebate rate for gasoline (HS code: 27101110) and unwrought zinc (HS code: 7901), which is lowered to 11%;

(2) The export rebate rate for unwrought aluminum, yellow phosphorus and other phosphorus, unwrought nickel and iron alloy, molybdenum ores and concentrates, and other goods listed in Annex 4 is lowered to 8%;

(3) The export rebate rate for coke and semi-coke, coking coal, fused magnesia, dead-burned (sintered) magnesia, feldspar, talc, steatite and other goods listed in Annex 5, which is lowered to 5%; and

(4) Except for the goods prescribed in Articles 1 through 3 and Paragraphs (1) through (3) of the present Article, the export rebate rate of any goods which shall be lowered to: current export rebate rate is 17% or 15%: 13%; current tax rate and tax refund rate is 13% : 11%.


V. With respect to the export contracts concluded by export enterprises with foreign parties before October 15, 2003 on whole sets of equipment (the export value of which is 2 million USD or more) or large mechanical and electronic products (the unit price of which is 1 million USD or more) falling within the scope of Paragraph (4) of Article 4 of the present Notice whose prices are unchangeable, if the export date stipulated in the contract is later than July 1, 2004, such contracts must be registered and recorded before November 15, 2003 in the competent tax refund organ along with their originals and counterparts. The provincial bureau of state taxes shall, after examination, submit the qualified export contract and relevant documents to the State Administration of Taxation by November 30, 2003. After joint examination and approval of the State Administration of Taxation and the Ministry of Finance, the local bureau of state taxes shall handle the tax refund at the pre-adjusted tax refund rate. With respect to any whole set of equipment or large mechanical and electronic product for which the registration and record fail to be made before November 15, 2003, the export rebate shall be handled at the adjusted tax refund rate.


VI. The administrations of finance and taxation at all regions shall carefully study and understand the present Notice, and take effective measures to strictly implement the relevant policies in the present Notice, lawfully handle tax refund, and seriously defend the benefits of the State and the enterprises. They shall, in the meanwhile, closely cooperate with the competent departments of commerce, customs, foreign exchange, and the enterprises to further do well in export.


VII. Since January 1, 2004, any enterprise that exports goods by any means shall be subject to the export rebate rates prescribed in the present Notice. The date of specific implementation shall be the date of departure indicated by the customs on the customs declaration list for the exported goods.


Annex 1:Catalogue of Products Whose Tax refund Rate Remains 17%
Annex 2:Catalogue of Products Whose Export Rebate Rate Is Adjusted to 13%
Annex 3: Catalogue of Products whose Export Rebate is Cancelled
Annex 4: Catalogue of Products Whose Tax Refund Rate Is Adjusted to 8%
Annex 5: Catalogue of Products Whose Tax Refund Rate Is Adjusted to 5%
Annex 6: Tax Refund Record for Whole Sets of Equipment and Large Mechanical and Electronic Products



Annex 1:

CATALOGUE OF PRODUCTS WHOSE TAX REFUND RATE REMAINS 17%

Commodity Description: Ships
HS Codes: 8901-8902, 8904, 8905-8906, 8907
Remarks: Current tax refund rate is 17%: shall remain unchanged; Current tax refund rate is 13%: the rates adjusted in the present Notice shall prevail.

Commodity Description: Automobiles And Their Key Components And Parts
HS Codes: 84073410, 8407342084082010-8408901084089092-8408909387012000-8707909087161000-8716900084099191-8409919984099991-840999998708
Remarks: Current tax refund rate is 17%: shall remain unchanged; Current tax refund rate is 13%: the rates adjusted in the present Notice shall prevail.

Commodity Description: Digital Control Machine Tools, Machining Centers, Combined Machine Tools
HS Codes: 8456-8460, 8462
Remarks: N/A

Commodity Description: Machines For Hoisting Or Construction Use, Mechanical Hoisting Equipment, Machines For Construction And Mining
HS Codes: 8425-843084671100-8467890084743100-8474809084791021-84791090
Remarks: Current tax refund rate is 17%: shall remain unchanged; Current tax refund rate is 13%: the rates adjusted in the present Notice shall prevail.

Commodity Description: Program-Controlled Telephone, Telegraph Exchanges, Optical Communication Equipment
HS Codes: 851730-85175029
Remarks: N/A

Commodity Description: Medical Apparatuses And Appliances
HS Codes: 9018-9020, 90221200-9022140090222100
Remarks: N/A

Commodity Description: Railway Locomotives
HS Codes: 8601-8606
Remarks: N/A

Commodity Description: Portable Digital Automatic Data Processing Devices Below 10 Kilograms
HS Codes: 84713000
Remarks: N/A

Commodity Description: Aircrafts And Spacecrafts
HS Codes: 88
Remarks: N/A

Commodity Description: Metal Smelting Equipment
HS Codes: 8454-8455
Remarks: N/A

Commodity Description: Printing Circuits
HS Codes: 8534
Remarks: N/A



Annex 2:

CATALOGUE OF PRODUCTS WHOSE EXPORT REBATE RATE IS ADJUSTED TO 13%


I. EDIBLE FLOUR

Commodity Description: Wheat or muslin flour
HS Codes: 1101
Remarks: N/A

Commodity Description: Maize (corn) flour
HS Codes: 11022000
Remarks: N/A

Commodity Description: Non-glutinous rice flour
HS Codes: 11022000
Remarks: N/A

Commodity Description: Other rice flour
HS Codes: 11023090
Remarks: N/A

Commodity Description: Groats and meal of wheat
HS Codes: 11031100
Remarks: N/A

Commodity Description: Groats and meal of maize (corn)
HS Codes: 11031300
Remarks: N/A

Commodity Description: Coarse grains and meal of non-glutinous rice
HS Codes: 11031921
Remarks: N/A

Commodity Description: Coarse grains and meal of other rice
HS Codes: 11031929
Remarks: N/A

Commodity Description: Wheat pellets
HS Codes: 11032010
Remarks: N/A

Commodity Description: Wheat starch
HS Codes: 11081100
Remarks: N/A

Commodity Description: Maize (corn) starch
HS Codes: 11081200
Remarks: N/A


II. SEVERED MEAT

Commodity Description: Severed fresh or chilled duck
HS Codes: 02073510
Remarks: Expansion code is needed

Commodity Description: Severed fresh or chilled geese
HS Codes: 02073520
Remarks: Expansion code is needed.

Commodity Description: frozen duck
HS Codes: 02073610
Remarks: Expansion code is needed.

Commodity Description: frozen geese
HS Codes: 02073620
Remarks: Expansion code is needed.

Commodity Description: Meat of rabbits, fresh or chilled, headless
HS Codes: 02081010
Remarks: Expansion code is needed.

Commodity Description: Meat of rabbits, frozen, headless
HS Codes: 02081020
Remarks: Expansion code is needed.

Commodity Description: Other meat of hares, fresh or chilled
HS Codes: 02081090
Remarks: Expansion code is needed.






Annex 3:

CATALOGUE OF PRODUCTS WHOSE EXPORT REBATE IS CANCELLED

HS Code: 27090000
Commodity Description: Petroleum crude oil & crude oil obtained from bituminous minerals

HS Code: 27101911
Commodity Description: Aviation kerosene

HS Code: 27101912
Commodity Description: Lamp kerosene

HS Code: 27101921
Commodity Description: Light diesel oil

HS Code: 27101922
Commodity Description: Fuel oil No. 5 to 7

HS Code: 27101929
Commodity Description: Other types of diesel and other fuel oil

HS Code: 27101991
Commodity Description: Lubricating oils

HS Code: 27101992
Commodity Description: Lubricating grease

HS Code: 27101993
Commodity Description: Basic oils for lubricating oils

HS Code: 27101999
Commodity Description: Other heavy oils, and other unnamed products taking the aforementioned oils as basic ingredient

HS Code: 27109100, 27109900
Commodity Description: Waste oils

HS Code: 4403
Commodity Description: Wood logs

HS Code: 4404
Commodity Description: Hoop wood, split poles, planks, pickets, roughly polished cudgels, etc.

HS Code: 4407
Commodity Description: Wood sawn or chipped lengthwise, sliced or peeled, whether planed or not, sanded or finger-jointed, of a thickness exceeding 6 mm

HS Code: 4408
Commodity Description: Veneer sheets and sheets for plywood (whether or not spliced) and other wood sawn lengthwise; sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness not exceeding 6 mm

HS Code: 4409
Commodity Description: Wood continuously shaped along any of its edges or faces, whether planed or not, sanded or finger-jointed

HS Code: 30049090.2
Commodity Description: Medicaments products

HS Code: 44190010
Commodity Description: Disposable wooden chopsticks

HS Code: 4501, 4502, 4503
Commodity Description: Softwood and softwood products

HS Code: Chapter 47
Commodity Description: Wood pulp, paperboard

HS Code: 4801-4816
Commodity Description: Paper, paper pulp, paperboard

HS Code: 2601-2612, 2614-2622
Commodity Description: Ores and concentrates, including ferruginous, manganese, aluminum, chromium, lead, zinc, tin, uranium or thorium, molybdenum, titanium ores and concentrates, metal and other ores and concentrates, slag, dross, ash, residues, etc.

HS Code: 7401
Commodity Description: Precipitated copper

HS Code: 7402
Commodity Description: Unrefined copper; copper anodes for electrolytic refining

HS Code: 7404
Commodity Description: Copper waste and scrap

HS Code: 7110
Commodity Description: Platinum, unwrought or in semi-manufactured forms, or in powder form

HS Code: 51021920
Commodity Description: Fine goat hair, not carded or combed

HS Code: 51053921
Commodity Description: De-haired goats wool, carded or combed

HS Code: 51053929
Commodity Description: Carded or combed wool of other goat

HS Code: 41031010
Commodity Description: Raw hides and skins of goats, done

HS Code: 25309020
Commodity Description: Rare earth minerals

HS Code: 03019210
Commodity Description: Eel krill

HS Code: 0506
Commodity Description: Bones and horn-cores, un-worked, defatted, simply prepared (but not cut to shape), treated with acid or deglutinated, powders of the aforesaid products

HS Code: 2826900010
Commodity Description: Potassium fluotantalate

HS Code: 29022000
Commodity Description: Benzene

HS Code: 7201
Commodity Description: Non-alloy pig iron and alloy pig iron

HS Code: 7204
Commodity Description: Ferrous waste & scrap

HS Code: 75089010
Commodity Description: Electroplating anodes of nickel

HS Code: 76020000
Commodity Description: Aluminum waste & scrap

HS Code: 81019700
Commodity Description: Tungsten waste & scrap

HS Code: 81102000
Commodity Description: Antimony waste & scrap

HS Code: 2510
Commodity Description: Natural calcium phosphates, natural aluminum calcium phosphates & phosphates chalk

HS Code: 2504
Commodity Description: Natural graphite

HS Code: 2508
Commodity Description: Other clays

HS Code: 28181000
Commodity Description: 15 Artificial corundum

HS Code: 28182000, 28183000
Commodity Description: Aluminum oxide



Annex 4:

CATALOGUE OF PRODUCTS WHOSE TAX REFUND RATE IS ADJUSTED TO 8%

Commodity Description: Molybdenum ores and concentrates
HS Code: 2613

Commodity Description: Yellow phosphorus, other phosphorus
HS Code: 28047010, 28047090

Commodity Description: Unwrought nickel
HS Code: 7502

Commodity Description: Ferromanganese
HS Code: 72021100, 72021900

Commodity Description: Ferro-silicon
HS Code: 72022100, 72022900

Commodity Description: Ferro-silicon-manganese
HS Code: 72023000

Commodity Description: Ferro-chromium
HS Code: 72024100, 72024900

Commodity Description: Unwrought aluminum
HS Code: 7601



Annex 5:

CATALOGUE OF PRODUCTS WHOSE TAX REFUND RATE IS ADJUSTED TO 5%

Commodity Description: Coke and semi-coke
HS Code: 27040010

Commodity Description: Coking coal
HS Code: 27011210

Commodity Description: Unwrought refined copper and copper alloys
HS Code: 7403

Commodity Description: Fused magnesia; dead-burned (sintered) magnesia
HS Code: 2519

Commodity Description: Other mineral substances
HS Code: 25309090

Commodity Description: Natural steatite, talc
HS Code: 2526

Commodity Description: Feldspar, leucite, nepheline, fluorspar, etc.
HS Code: 2529

Commodity Description: Natural barium sulfate; natural barium carbonate
HS Code: 2511

Commodity Description: Hydrazine, other inorg bases, metal oxides, etc
HS Code: 2825

Commodity Description: Ox-metallic salt , peroxometallic acids
HS Code: 2841

Commodity Description: Carbides
HS Code: 2849

Commodity Description: Rare-earth metal compounds of yttrium or scandium, and their organic or inorganic compounds
HS Code: 2846

Commodity Description: Particle board and similar board of wood or other ligneous materials
HS Code: 4410




Annex 6:

TAX REFUND RECORD FOR WHOLE SETS OF EQUIPMENT AND LARGE MECHANICAL AND ELECTRONIC PRODUCTS






Region (Official):

_____ (Date) ____ (Month) ____ (Year)


Serial No. 1
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003 *:
Predicted Performance Time Limit:
Remarks:

Serial No. 2
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 3
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 4
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 5
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 6
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 7
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 8
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 9
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

Serial No. 10
Enterprise Name:
Equipment Name:
HS Code:
Amount of Equipment:
Date of the Contract Signed:
Amount of Contract Completed by the end of 2003*:
Predicted Performance Time Limit:
Remarks:

TOTAL (sum of *):
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