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Article 1. In order to regulate the administration of import of crude oil, product oil and fertilizer, to maintain the normal business order, to safeguard the interests of the consumers and to promote the development of foreign trade, these Measures have been formulated according to the Regulations of the People's Republic of China on the Administration of Import and Export of Goods. Article 2. The state shall apply state trading administration to the import of crude oil, product oil and fertilizer. The specific tax numbers of crude oil, product oil and fertilizer shall be formulated and adjusted by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to the MOFTEC), together with the State Economic and Trade Commission (hereinafter referred to the SETC) and the General Administration of Customs, and shall be promulgated by the MOFTEC. Article 3. The MOFTEC shall be responsible for the state trading administration and the non-state trading administration of the import of crude oil, product oil and fertilizer. Article 4. State trading enterprises are the enterprises or agencies that, upon the special permission of the state, have obtained the management power of import of the goods of a certain category subject to state trading administration. Article 5. The list of state trading enterprises shall be determined, adjusted and promulgated by the MOFTEC. The MOFTEC shall consult the SETC when determining and adjusting the list of state trading enterprises. Article 6. The state shall allow non-state trading enterprises to import some quantities of the goods subject to state trading administration. Article 7. The enterprises that are qualified for foreign trade and have the necessary conditions for managing the goods subject to state trading may become non-state trading enterprises after being registered and put on record by the MOFTEC. The MOFTEC shall seek opinions from the SETC before making the registration and putting them on record. The conditions prescribed in the preceding paragraph shall be formulated by the MOFTEC together with the SETC, and be promulgated by the MOFTEC. Article 8. The import quantity of crude oil, product oil and fertilizer shall include the state trading import quantity and non-state trading import quantity. Article 9. State trading enterprises shall operate the state trading business under the guidance of the MOFTEC and SETC. Article 10. State trading enterprises shall, within 10 workdays from the end of each quarter, submit the market supply and demand, purchase price and sales price, and other relevant information about the goods subject to state trading import administration of that quarter to the MOFTEC and the STEC. The MOFTEC shall be responsible for informing the relevant agencies of the World Trade Organization of the information concerned. Article 11. Non-state-trading enterprises shall operate business in accordance with the normal commercial conditions and be subject to the supervision of the MOFTEC and the SETC. Article 12. Except the circumstances provided for in Article 20 and Article 21 of these Measures, the enterprises other than state trading enterprises and non-state trading enterprises may not engage in the import of crude oil, product oil and fertilizer. Article 13. With respect to the import of fertilizer, the state trading quota holders must consign state trading enterprises to make the import. Non-state trading quota holders may commission state trading enterprises or non-state trading enterprises to make the import, and the quota holders qualified as non-state trading enterprises may also make the import themselves. The customs shall, on the basis of the Certificate of Tariff Rate Quota for Fertilizer issued by the administrative agencies of tariff rate quota, collect the duties and release the goods at the in-quota duty rate. Article 14. With respect to the import of product oil, the state trading quota holders must consign state trading enterprises to make the import. Non-state trading quota holders may commission state trading enterprises or non-state trading enterprises to make the import, the quota holders qualified as non-state trading enterprises may also make the import themselves. The customs shall examine and release the goods on the basis of the import license for product oil issued by the license issuing agencies. Article 15. With respect to the state trading import of crude oil, the state trading enterprises shall, according to the relevant provisions, apply to the administrative agencies of automatic import license for automatic import licenses. With respect to the non-state trading import of crude oil, the administrative agencies of automatic import license shall grant the automatic import licenses within the promulgated non-state trading import quantity of crude oil (including the non-state trading import quantity left unused from the last fiscal year), and shall no longer grant automatic import licenses for crude oil to non-state trading enterprises once that quantity has been reached. The customs shall handle the procedures for examination and release for the import of crude oil on the basis of the automatic import licenses issued by the administrative agencies of automatic import license. Article 16. After accepting a commission, the state-trading enterprise or non-state trading enterprise must sign a written commission contract with the trustor, and based on that contract sign the import contract with the foreign businessmen. The terms of the commission contract and the import contract must conform to the laws and regulations of the state. State-trading enterprises or non-state trading enterprises are prohibited from acting as import agents by representing their own clients, supplying their own goods, using their own drafts, declaring to the customs by themselves, or by hiding the import goods, goods supplier or foreign businessmen. Article 17. For those failing to implement in accordance with Articles 13, 14, 15 and 16 of these Measures, the administrative agencies of tariff rate quota, quota license and automatic import license shall not issue the certifications such as the certificates of tariff rate quota, import licenses or automatic import license. Article 18. The state-trading enterprises that violate Articles 9, 10 and 16 of these Measures shall be given a warning and be ordered to correct their acts within the prescribed period by the SETC; where the circumstances are serious, the SETC may suspend or even cancel their qualifications as state-trading enterprises. Article 19. As for the enterprises that, in violation of Articles 11 and 12 of these Measures, engage in the import trade of goods subject to state-trading administration without approval and thus disrupt the market order, the MOFTEC may suspend or even cancel their qualifications for foreign trade. Article 20. All the enterprises qualified for foreign trade may import fertilizer at the out-quota rate. Article 21. The import of crude oil, product oil and fertilizer through processing trade shall be subject to the present relevant provisions. These Measures are not applicable to the import of crude oil, product oil and fertilizer by bonded warehouses, bonded zones and export processing zones, such import shall be subject to the examination and release and regulation by the customs. Article 22. The power to interpret these Measures shall remain with the MOFTEC. Article 23. These Measures shall come into force 30 days after the date of promulgation. If any previous relevant provision conflicts with these Measures, the latter shall prevail. |
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