Regulations of the PRC on Administration of Import and Export of Goods (2024 Amendments)

China import export regulations full text

Regulations of the People's Republic of China on the Administration of Import and Export of Goods

Promulgated by Decree No. 332 of the State Council of the People's Republic of China on December 10, 2001

Amended in accordance with the Decision of the State Council on Amending and Repealing Certain Administrative Regulations on March 10, 2024

Chapter I: General Provisions

Article 1
These Regulations are enacted in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) for the purpose of regulating the administration of import and export of goods, maintaining the order of import and export of goods, and promoting the sound development of foreign trade.

Article 2
Any trade activity involving the import of goods into the customs territory of the People's Republic of China or the export of goods out of the customs territory of the People's Republic of China shall comply with these Regulations.

Article 3
The State applies a unified administration system to the import and export of goods.

Article 4
The State permits the free import and export of goods and safeguards fair and orderly trade in imported and exported goods in accordance with the law.

Except for those goods whose import or export is explicitly prohibited or restricted by laws or administrative regulations, no entity or individual may impose or maintain any prohibition or restriction measures on the import or export of goods.

Article 5
In the field of trade in goods, the People's Republic of China grants most-favored-nation treatment and national treatment to other contracting parties or participating parties in accordance with the international treaties or agreements it has concluded or acceded to, or grants most-favored-nation treatment and national treatment to the other party on the basis of reciprocity and mutual benefit.

Article 6
Where any country or region adopts discriminatory prohibitions, restrictions, or other similar measures against the People's Republic of China in trade in goods, the People's Republic of China may, as the case may be, take corresponding measures against such country or region.

Article 7
The competent department of foreign trade and economic cooperation under the State Council (hereinafter referred to as the competent department of foreign trade under the State Council) shall, in accordance with the Foreign Trade Law and these Regulations, be responsible for the national administration of import and export trade in goods.

The relevant departments under the State Council shall, in accordance with their respective functions as prescribed by the State Council, be responsible for the relevant work concerning the administration of import and export trade in goods under these Regulations.

Chapter II: Administration of Import of Goods

Section 1: Prohibited Import Goods

Article 8
Goods falling under any of the circumstances set forth in Article 16 of the Foreign Trade Law are prohibited from import. Where other laws or administrative regulations provide for prohibition of import, such provisions shall prevail.

The catalogue of goods prohibited from import shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council in conjunction with the relevant departments under the State Council.

Article 9
Goods that are prohibited from import shall not be imported.

Section 2: Restricted Import Goods

Article 10
Goods falling under any of the circumstances set forth in Article 15(1), (4), (5), (6), or (7) of the Foreign Trade Law are restricted from import. Where other laws or administrative regulations provide for restriction of import, such provisions shall prevail.

The catalogue of goods restricted from import shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council in conjunction with the relevant departments under the State Council.

The catalogue of goods restricted from import shall be published at least 21 days prior to its implementation; in urgent circumstances, it shall be published no later than the date of implementation.

Article 11
Where the State imposes quantity restrictions on restricted import goods, quota administration applies; for other restricted import goods, license administration applies.

Imported goods subject to tariff quota administration shall be administered in accordance with the provisions of Section 4 of this Chapter.

Article 12
Restricted import goods subject to quota administration shall be managed by the competent department of foreign trade under the State Council and the relevant economic departments under the State Council (hereinafter collectively referred to as the import quota administration departments) in accordance with the division of functions prescribed by the State Council.

Article 13
For restricted import goods subject to quota administration, the import quota administration departments shall publish the total annual import quota for the following year by July 31 each year.

Quota applicants shall file applications for the following year's import quota with the import quota administration departments from August 1 to August 31 each year.

The import quota administration departments shall allocate the following year's quota to quota applicants by October 31 each year.

The import quota administration departments may adjust the total annual quota as needed and shall publish such adjustment 21 days before its implementation.

Article 14
Quotas may be allocated on a uniform basis to all applicants.

Article 15
Where quotas are allocated on a uniform basis to all applicants, the import quota administration departments shall decide whether to grant the quota within 60 days from the expiration of the prescribed application period.

Article 16
When allocating quotas, the import quota administration departments shall consider the following factors:

(1) the applicant's import performance;
(2) whether previously allocated quotas have been fully utilized;
(3) the applicant's production capacity, business scale, and sales status;
(4) applications from new import operators;
(5) the quantity of quota applied for; and
(6) other factors that need to be considered.

Article 17
Import operators shall, based on the quota certificate issued by the import quota administration departments, apply to the competent department of foreign trade under the State Council for an import quota license. The competent department of foreign trade under the State Council shall issue the import quota license within three working days of receiving the application.

Import operators shall, based on the import quota license issued by the competent department of foreign trade under the State Council, complete customs declaration and clearance formalities with the Customs.

Article 18
Holders of quotas who have not fully utilized their annual quotas shall return the unused portion to the import quota administration departments by September 1 of the current year; if they fail to return the unused quotas on time and do not fully utilize them by the end of the current year, the import quota administration departments may deduct a corresponding amount of quota in the following year.

Article 19
For restricted import goods subject to license administration, import operators shall apply to the competent department of foreign trade under the State Council or the relevant departments under the State Council (hereinafter collectively referred to as the import license administration departments). The import license administration departments shall decide whether to grant the license within 30 days of receiving the application.

Import operators shall, based on the import license issued by the import license administration departments, complete customs declaration and clearance formalities with the Customs.

The term "import license" as used in the preceding paragraph includes various certificates and documents with the nature of import licensing as prescribed by laws or administrative regulations.

Article 20
The import quota administration departments and the import license administration departments shall, in accordance with these Regulations, formulate specific administrative measures, clearly stipulating matters such as applicant qualifications, the department accepting applications, review principles and procedures, and publish them before implementation.

Generally, only one department shall accept applications.

The documents required by the import quota administration departments and the import license administration departments from applicants shall be limited to those necessary for the implementation of administration, and applications shall not be rejected solely due to minor or non-substantial errors.

Section 3: Freely Importable Goods

Article 21
The import of goods that are freely importable shall not be restricted.

Article 22
For the purpose of monitoring the import of goods, the competent department of foreign trade under the State Council and the relevant economic departments under the State Council may, in accordance with the division of functions prescribed by the State Council, implement automatic import licensing administration for certain freely importable goods.

The catalogue of goods subject to automatic import licensing administration shall be published at least 21 days before its implementation.

Article 23
For the import of goods subject to automatic import licensing administration, a license shall be granted in all cases.

Article 24
For the import of goods subject to automatic import licensing administration, import operators shall, prior to completing customs clearance formalities, submit an application for automatic import license to the competent department of foreign trade under the State Council or the relevant economic departments under the State Council.

The competent department of foreign trade under the State Council or the relevant economic departments under the State Council shall issue the automatic import license certificate immediately upon receiving the application; under special circumstances, no later than 10 days thereafter.

Import operators shall, based on the automatic import license certificate issued by the competent department of foreign trade under the State Council or the relevant economic departments under the State Council, complete customs declaration and clearance formalities with the Customs.

Section 4: Goods Subject to Tariff Quota Administration

Article 25
The catalogue of imported goods subject to tariff quota administration shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council in conjunction with the relevant economic departments under the State Council.

Article 26
Goods imported within the tariff quota shall be subject to customs duties at the in-quota tariff rate; goods imported outside the tariff quota shall be subject to customs duties at the out-of-quota tariff rate.

Article 27
The import quota administration departments shall publish the total annual tariff quota for the following year from September 15 to October 14 each year.

Quota applicants shall file applications for tariff quotas with the import quota administration departments from October 15 to October 30 each year.

Article 28
Tariff quotas may be allocated on a uniform basis to all applicants.

Article 29
Where tariff quotas are allocated on a uniform basis to all applicants, the import quota administration departments shall decide whether to grant the quota by December 31 each year.

Article 30
Import operators shall, based on the tariff quota certificate issued by the import quota administration departments, complete customs declaration and clearance formalities with the Customs for goods within the tariff quota.

The relevant economic departments under the State Council shall promptly file the total annual tariff quota, allocation plan, and actual issuance of tariff quota certificates with the competent department of foreign trade under the State Council for record.

Article 31
Holders of tariff quotas who have not fully utilized their annual quotas shall return the unused portion to the import quota administration departments by September 15 of the current year; if they fail to return the unused quotas on time and do not fully utilize them by the end of the current year, the import quota administration departments may deduct a corresponding amount of quota in the following year.

Article 32
The import quota administration departments shall, in accordance with these Regulations, formulate specific administrative measures for tariff quotas, clearly stipulating matters such as applicant qualifications, the department accepting applications, review principles and procedures, and publish them before implementation.

Generally, only one department shall accept applications.

The documents required by the import quota administration departments from tariff quota applicants shall be limited to those necessary for the implementation of tariff quota administration, and applications shall not be rejected solely due to minor or non-substantial errors.

Chapter III: Administration of Export of Goods

Section 1: Prohibited Export Goods

Article 33
Goods falling under any of the circumstances set forth in Article 16 of the Foreign Trade Law are prohibited from export. Where other laws or administrative regulations provide for prohibition of export, such provisions shall prevail.

The catalogue of goods prohibited from export shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council in conjunction with the relevant departments under the State Council.

Article 34
Goods that are prohibited from export shall not be exported.

Section 2: Restricted Export Goods

Article 35
Goods falling under any of the circumstances set forth in Article 15(1), (2), (3), or (7) of the Foreign Trade Law are restricted from export. Where other laws or administrative regulations provide for restriction of export, such provisions shall prevail.

The catalogue of goods restricted from export shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council in conjunction with the relevant departments under the State Council.

The catalogue of goods restricted from export shall be published at least 21 days prior to its implementation; in urgent circumstances, it shall be published no later than the date of implementation.

Article 36
Where the State imposes quantity restrictions on restricted export goods, quota administration applies; for other restricted export goods, license administration applies.

Article 37
Restricted export goods subject to quota administration shall be managed by the competent department of foreign trade under the State Council and the relevant economic departments under the State Council (hereinafter collectively referred to as the export quota administration departments) in accordance with the division of functions prescribed by the State Council.

Article 38
For restricted export goods subject to quota administration, the export quota administration departments shall publish the total annual export quota for the following year by October 31 each year.

Quota applicants shall file applications for the following year's export quota with the export quota administration departments from November 1 to November 15 each year.

The export quota administration departments shall allocate the following year's quota to quota applicants by December 15 each year.

Article 39
Quotas may be allocated by direct allocation or by means such as tendering.

Article 40
The export quota administration departments shall decide whether to grant the quota within 30 days of receiving the application and no later than December 15 of the current year.

Article 41
Export operators shall, based on the quota certificate issued by the export quota administration departments, apply to the competent department of foreign trade under the State Council for an export quota license. The competent department of foreign trade under the State Council shall issue the export quota license within three working days of receiving the application.

Export operators shall, based on the export quota license issued by the competent department of foreign trade under the State Council, complete customs declaration and clearance formalities with the Customs.

Article 42
Holders of quotas who have not fully utilized their annual quotas shall return the unused portion to the export quota administration departments by October 31 of the current year; if they fail to return the unused quotas on time and do not fully utilize them by the end of the current year, the export quota administration departments may deduct a corresponding amount of quota in the following year.

Article 43
For restricted export goods subject to license administration, export operators shall apply to the competent department of foreign trade under the State Council or the relevant departments under the State Council (hereinafter collectively referred to as the export license administration departments), and the export license administration departments shall decide whether to grant the license within 30 days of receiving the application.

Export operators shall, based on the export license issued by the export license administration departments, complete customs declaration and clearance formalities with the Customs.

The term "export license" as used in the preceding paragraph includes various certificates and documents with the nature of export licensing as prescribed by laws or administrative regulations.

Article 44
The export quota administration departments and the export license administration departments shall, in accordance with these Regulations, formulate specific administrative measures, clearly stipulating matters such as applicant qualifications, the department accepting applications, review principles and procedures, and publish them before implementation.

Generally, only one department shall accept applications.

The documents required by the export quota administration departments and the export license administration departments from applicants shall be limited to those necessary for the implementation of administration, and applications shall not be rejected solely due to minor or non-substantial errors.

Chapter IV: State Trading and Designated Trading

Article 45
The State may apply state trading administration to the import or export of certain goods.

The catalogue of imported or exported goods subject to state trading administration shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council in conjunction with the relevant economic departments under the State Council.

Article 46
The competent department of foreign trade under the State Council and the relevant economic departments under the State Council shall, in accordance with the division of functions prescribed by the State Council, determine and publish the list of state trading enterprises.

Article 47
For goods subject to state trading administration, the State permits non-state trading enterprises to engage in a portion of the import or export of such goods.

Article 48
State trading enterprises shall, semi-annually, provide the competent department of foreign trade under the State Council with relevant information such as purchase prices and sale prices of goods subject to state trading administration.

Article 49
The competent department of foreign trade under the State Council may, for the purpose of maintaining order in import and export operations, implement designated trading administration for certain goods within a specified period.

The catalogue of imported or exported goods subject to designated trading administration shall be formulated, adjusted, and published by the competent department of foreign trade under the State Council.

Article 50
The specific criteria and procedures for determining designated trading enterprises shall be formulated by the competent department of foreign trade under the State Council and published before implementation.

The list of designated trading enterprises shall be published by the competent department of foreign trade under the State Council.

Article 51
Except as provided for in Article 47 of these Regulations, enterprises or other organizations not included in the list of state trading enterprises or designated trading enterprises shall not engage in the import or export trade of goods subject to state trading administration or designated trading administration.

Article 52
State trading enterprises and designated trading enterprises shall conduct their operations in accordance with normal commercial conditions, shall not select suppliers based on non-commercial factors, and shall not refuse consignments from other enterprises or organizations based on non-commercial factors.

Chapter V: Import and Export Monitoring and Interim Measures

Article 53
The competent department of foreign trade under the State Council shall be responsible for monitoring and assessing the import and export of goods, regularly reporting to the State Council on the import and export of goods, and making recommendations.

Article 54
For the purpose of maintaining the balance of international payments, including when serious imbalances occur or are threatened, or for maintaining a level of foreign exchange reserves commensurate with the implementation of economic development plans, the State may adopt interim restrictive measures on the value or quantity of imported goods.

Article 55
For the purpose of establishing or accelerating the establishment of a specific domestic industry, where existing measures are insufficient, the State may adopt interim measures restricting or prohibiting imports.

Article 56
When necessary for implementing one or more of the following measures, the State may adopt interim measures restricting the import of any form of agricultural or aquatic products:

(1) adopting restrictive measures on the domestic production or sale of like products or directly competitive products;
(2) eliminating surplus domestic like products or directly competitive products through consumption subsidies;
(3) adopting production restriction measures on animal products wholly or mainly derived from such imported agricultural or aquatic products.

Article 57
Under any of the following circumstances, the competent department of foreign trade under the State Council may adopt interim measures restricting or prohibiting the export of specific goods:

(1) where serious natural disasters or other abnormal circumstances occur, necessitating the restriction or prohibition of export;
(2) where the order of export operations is severely disrupted, necessitating the restriction of export;
(3) where restriction or prohibition of export is required under Article 15 or Article 16 of the Foreign Trade Law.

Article 58
When adopting interim measures restricting or prohibiting the import or export of goods, the competent department of foreign trade under the State Council shall publish a notice before implementation.

Chapter VI: Promotion of Foreign Trade

Article 59
The State adopts measures such as export credit insurance, export credit, export tax rebates, and establishment of foreign trade development funds to promote the development of foreign trade.

Article 60
The State adopts effective measures to promote technological innovation and progress of enterprises, enhancing their international competitiveness.

Article 61
The State helps enterprises explore international markets by providing information and consulting services.

Article 62
Importers and exporters of goods may, in accordance with the law, form and join import and export chambers of commerce to practice industry self-discipline and coordination.

Article 63
The State encourages enterprises to actively respond to foreign discriminatory anti-dumping, countervailing, safeguard measures, and other restrictive measures, safeguarding their legitimate trading rights.

Chapter VII: Legal Liability

Article 64
Whoever imports or exports goods prohibited from import or export, or, without approval or a license, imports or exports goods subject to restricted import or export, shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of smuggling; if the act does not constitute a criminal offense, penalties shall be imposed in accordance with the relevant provisions of the Customs Law.

Article 65
Whoever, without authorization, exceeds the scope of approval or license in importing or exporting goods subject to restricted import or export shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of smuggling or the crime of illegal business operations; if the act does not constitute a criminal offense, penalties shall be imposed in accordance with the relevant provisions of the Customs Law.

Article 66
Whoever forges, alters, or trades in goods import/export quota certificates, approval documents, licenses, or automatic import license certificates shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of illegal business operations or the crime of forging, altering, or trading in official documents, certificates, or seals of state organs; if the act does not constitute a criminal offense, penalties shall be imposed in accordance with the relevant provisions of the Customs Law.

Article 67
Where an import/export operator obtains goods import/export quotas, approval documents, licenses, or automatic import license certificates by fraudulent or other improper means, such goods import/export quotas, approval documents, licenses, or automatic import license certificates shall be confiscated in accordance with the law.

Article 68
Whoever, in violation of Article 51 of these Regulations, without authorization engages in the import or export trade of goods subject to state trading administration or designated trading administration, disrupting market order, if the circumstances are serious, shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of illegal business operations; if the act does not constitute a criminal offense, the market supervision and administration department shall impose administrative penalties in accordance with the law.

Article 69
Where a state trading enterprise or designated trading enterprise violates Article 48 or Article 52 of these Regulations, the competent department of foreign trade under the State Council shall issue a warning; if the circumstances are serious, it may suspend or even revoke the enterprise's qualification as a state trading enterprise or designated trading enterprise.

Article 70
Where a staff member engaged in the administration of import and export of goods, in the performance of their duties, abuses their power, neglects their duty, or, by taking advantage of their position, accepts or solicits property from others, they shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of abuse of power, neglect of duty, bribery, or other crimes; if the act does not constitute a criminal offense, administrative sanctions shall be imposed in accordance with the law.

Chapter VIII: Supplementary Provisions

Article 71
Any party dissatisfied with a decision made by an administrative authority under these Regulations regarding the issuance of quotas, tariff quotas, licenses, or automatic license certificates, or with a decision determining qualification as a state trading enterprise or designated trading enterprise, or with an administrative penalty decision, may apply for administrative reconsideration in accordance with the law, or may file a lawsuit with a people's court in accordance with the law.

Article 72
The provisions of these Regulations do not preclude measures taken under laws or administrative regulations concerning customs duties, inspection and quarantine, safety, environmental protection, intellectual property protection, or other measures in relation to the import or export of goods.

Article 73
The export of controlled goods such as nuclear materials, dual-use nuclear items, controlled chemicals, and military products shall be handled in accordance with the provisions of the relevant administrative regulations.

Article 74
Where anti-dumping measures, countervailing measures, or safeguard measures need to be taken with respect to imported goods, such measures shall be implemented in accordance with the Foreign Trade Law and the relevant laws and administrative regulations.

Article 75
Where laws or administrative regulations have other provisions concerning the administration of import and export of goods in special economic zones such as bonded zones and export processing zones, such provisions shall prevail.

Article 76
The competent department of foreign trade under the State Council shall be responsible for bilateral or multilateral consultations and negotiations concerning trade in goods and for relevant matters concerning the settlement of trade disputes.

Article 77
These Regulations shall take effect as of January 1, 2002. The Interim Regulations of the People's Republic of China on the Licensing System for Imported Goods promulgated by the State Council on January 10, 1984, the Interim Measures for the Administration of Export Commodities approved by the State Council on December 21, 1992 and promulgated by the Ministry of Foreign Economic Relations and Trade on December 29, 1992, the Interim Measures for the Administration of Import of Mechanical and Electrical Products approved by the State Council on September 22, 1993 and promulgated by the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation on October 7, 1993, the Interim Measures for the Administration of Import Quotas for General Commodities approved by the State Council on December 22, 1993 and promulgated by the State Planning Commission and the Ministry of Foreign Trade and Economic Cooperation on December 29, 1993, and the Interim Measures for the Administration of Import Commodities approved by the State Council on June 13, 1994 and promulgated by the Ministry of Foreign Trade and Economic Cooperation and the State Planning Commission on July 19, 1994 shall be repealed simultaneously.

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