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Category: Trade Compliance, Industry TrendsDate: The Ministry of Commerce and the General Administration of Customs recently issued the announcement of the Catalogue of Goods Subject to Export License Administration (2023) (Announcement No. 40 of 2022 of the Ministry of Commerce), stating that based on laws, administrative regulations and rules such as the Foreign Trade Law of the Peoples Republic of China, the Regulations of the Peoples Republic of China on the Administration of Goods, the Regulations on the Administration of Substances that Deplete the Ozone Layer, and the Measures for the Administration of Goods Export Licenses, the Catalogue of Goods Subject to Export License Administration (2023) and relevant matters are announced, which will come into force on January 1, 2023. Announcement No. 50 of 2021 of the Ministry of Commerce and the General Administration of Customs shall be repealed simultaneously. The relevant contents include:Source: Ministry of Commerce
Matters related to the Catalogue of Goods Subject to Export License Administrationforeign tradeApplication for licensesimport and exportThesystem of non - one - license - one - batch and thesystem of one - license - one - batch
Supplementary instructions
In 2023, there are 43 kinds of export goods subject to license management (see the Catalogue of Goods Subject to Export License Administration (2023) for details). Foreign trade operators exporting goods listed in the catalogue shall apply to the Ministry of Commerce or the local commercial department entrusted by the Ministry of Commerce for obtaining the Export License of the Peoples Republic of China, and go through the customs clearance and inspection and release procedures with the customs by presenting the export license.
For the export of the goods listed in the second paragraph by means of border small - value trade, the provincial - level local commercial department shall issue the export license according to the border small - value trade quota and requirements issued by the Ministry of Commerce. For the export of licorice and its products, mat grass and its products, substances that deplete the ozone layer, motorcycles and their engines and frames, automobiles and their chassis, etc. by means of border small - value trade, the export license shall be applied for as required. For the export of goods other than the above - mentioned situations in this paragraph by means of border small - value trade, the application for the export license is exempted.
For the export of live cattle (to markets other than Hong Kong and Macao), live pigs (to markets other than Hong Kong and Macao), live chickens (to markets other than Hong Kong), beef, pork, chicken, natural sand (including standard sand), bauxite, phosphate rock, magnesia, talc blocks/powder, fluorite, rare earths, tin and tin products, tungsten and tungsten products, molybdenum and molybdenum products, antimony and antimony products, coke, refined oil products (lubricating oil, grease, lubricating base oil), paraffin wax, some metals and products, sodium bisulfate, silicon carbide, substances that deplete the ozone layer, citric acid, silver, platinum (exported by means of processing trade), indium and indium products, motorcycles and their engines and frames, automobiles and their chassis, the export license shall be applied for as required. Among them, samples and advertising products of substances that deplete the ozone layer must be exported with an export license; for the export of automobiles and motorcycle products by means of general trade, processing trade, border trade and donation trade, the export license shall be applied for according to the specified conditions; for the export of automobiles and motorcycle products by means of project contracting, the export license shall be applied for by presenting the record - filing receipt of the foreign contracted project or the letter of approval for a specific project, the winning bid documents, etc.; for the export of non - Chinese - originated automobiles and motorcycle products by the above - mentioned trade methods, the export license shall be applied for by presenting the import customs documents and the goods export contract.
For the export of the goods listed in the fifth paragraph by means of processing trade, except as otherwise provided, the export license shall be applied for by presenting the relevant approval documents, the customs processing trade import declaration form and the goods export contract.Import Customs DeclarationFor the export of cerium and cerium alloys (particles < 500 microns), tungsten and tungsten alloys (particles < 500 microns), zirconium, and beryllium, the application for the export license can be exempted, but the Export License for Dual - Use Items and Technologies of the Peoples Republic of China shall be applied for as required.
Goods provided under Chinas foreign aid are exempt from applying for an export license.
The state - trading management of the export of lubricating oil (HS code 27101991), grease (HS code 27101992), and lubricating base oil (HS code 27101993) under general trade is still suspended. For the export of the above - mentioned goods by means of general trade, the export license shall be applied for by presenting a valid goods export contract. For the export of the above - mentioned goods by other trade methods, it shall be implemented in accordance with the provisions of Announcement No. 30 of 2008 of the Ministry of Commerce, the National Development and Reform Commission, and the General Administration of Customs.
The following goods are subject to the management of thesystem of non - one - license - one - batch: namely, wheat, corn, rice, wheat flour, corn flour, rice flour, live cattle, live pigs, live chickens, beef, pork, chicken, crude oil, refined oil products, coal, motorcycles and their engines and frames, automobiles and their chassis (limited to new cars), goods exported under processing trade, goods exported under compensation trade, etc. For the export of the above - mentioned goods, the export license can be used for multiple customs clearances within the validity period of the export license, but the number of customs clearances shall not exceed 12 times.
The export of substances that deplete the ozone layer and used automobiles is subject to the management of thesystem of one - license - one - batch, and the export license is used for one - time customs declaration within the validity period.
Document of the Catalogue of Goods Subject to Export License Administration (2023):
Continue to suspend state trading management for the export of lubricating oils (Customs commodity code 27101991), lubricating greases (Customs commodity code 27101992), and lubricating oil base oils (Customs commodity code 27101993) under general trade. For the export of the above goods under general trade, an export license shall be applied for with a valid export contract. For the export of the above goods under other trade methods, the provisions of Announcement No. 30 of 2008 by the Ministry of Commerce, the National Development and Reform Commission, and the General Administration of Customs shall apply.
For the export of live cattle (to Hong Kong and Macao), live pigs (to Hong Kong and Macao), live chickens (to Hong Kong), wheat, corn, rice, wheat flour, corn flour, rice flour, artificially - planted ephedra for medicinal materials, coal, crude oil, refined oil products (excluding lubricating oil, grease, and lubricating base oil), sawn timber, and cotton, the export license shall be applied for by presenting the quota certification documents; for the export of licorice and its products, and mat grass and its products, the export license shall be applied for by presenting the winning bid certification documents of quota tendering.
The following goods shall be subject to the non-single-use license management system: namely wheat, corn, rice, wheat flour, corn flour, rice flour, live cattle, live pigs, live chickens, beef, pork, chicken, crude oil, refined oil, coal, motorcycles and their engines and frames, automobiles and their chassis (limited to new vehicles), goods exported under processing trade, and goods exported under compensation trade. For the export of the above goods, the export license can be used multiple times for customs clearance within the validity period of the export license, but the number of customs clearance uses shall not exceed 12 times.
For the export of ozone-depleting substances and used automobiles, the single-use license management system shall be implemented, and the export license shall be used for one customs declaration within the validity period.
For the export of the goods listed in the second paragraph by means of processing trade, the export license shall be applied for by presenting the quota certification documents and the goods export contract. Among them, for the export of licorice and its products, and mat grass and its products, the export license shall be applied for by presenting the winning bid certification documents of quota tendering and the customs processing trade form.
Foreign trade operators exporting goods marked with “*” are exempt from applying for the “Export License of the Peoples Republic of China”, but they need to apply for the “Dual-Use Items and Technologies Export License of the Peoples Republic of China” as required.
The ozone - depleting substances listed include substances existing alone or in mixtures, but do not include the controlled substances or mixtures contained in finished products such as aerosols, refrigeration and air - conditioning/heat pump equipment, polyurethane prepolymers, foam products, polyether blends, fire extinguishers, dust - removal products, hairspray products, etc.
The scope of export license management is based on the types and names of goods, and the customs commodity code is for reference in customs declaration.