| Notice on Distributing "Provisional Rules on Management of Export of Garlic to South Korea" |
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| 2001-04-20 12:23 |
Foreign Economic Relations & Trade Departments/Commissions/Bureaus of Provinces, Autonomous Regions and Municipalities Directly under the Central Government,Accredited Representative's Offices,Quota and License Offices,China Chamber of Imports & Exports for Foods, Local Products and Livestock Products:
In order to maintain the business order on export of garlic to South Korea and perform the "Agreement on Garlic Trade between the People's Republic of China and South Korea, the "Provisional Rules on Management of Export of Garlic to South Korea" (see Attachment) is hereby formulated by the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) after having taken counsels round. The Provisional Rules shall be distributed now. Please strictly implement it.
It is hereby announced.
Attachment:
Provisional Rules on Management
of Export of Garlic to South Korea
Article 1
In accordance with the "Law of Foreign Trade of the People's Republic of China" and relevant regulations, this Provisional Rules hereby is formulated in order to maintain business order of garlic export from China to South Korea and perform the "Agreement on Garlic Trade between the People's Republic of China and South Korea" (hereinafter referred to as the Agreement).
Article 2
The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) shall uniformly be responsible for administration of garlic export from China to South Korea.
Article 3
The Provisional Rules applies to garlic export to South Korea (including all modes of trade) of all classes of enterprises. For the scope of varieties of garlic for export, see Exhibit One.
Article 4
Management on general quantity of garlic for export to South Korea shall be implemented. South Korea shall levy low tariff only if the quantity is not exceeding the general quantity.
Article 5
General quantity of garlic for export to South Korea shall be defined according to the quantity specified in the Agreement.
Article 6
Bidding for quota shall be conducted within the scope of general quantity in accordance with the "Provisions of Bidding for Quota of Export Commodities" and its Implementing Rules.
Beyond the general quantity, paid quota shall be still adopted for export of fresh or chilled garlic (including husked garlic). The license shall be issued by the accredited representative offices.
Beyond the general quantity, general license shall be obtained for export of dried, simply preserved, chilled and vinegared garlic (including husked garlic) to South Korea or other countries or regions. The provincial and municipal Foreign Economic Relations & Trade Department/Commission shall issue license according to relative regulations. The enterprise shall get the license with export contract.
Article 7
Export of garlic to South Korea within the general quantity shall be managed by "Certificate for Export of Garlic from China to South Korea" (see Exhibit Two, hereinafter referred to as the Export Certificate), that is, Korean import enterprise shall apply at the customs with Chinese Export Certificate and Korean customs shall give clearance with low tariff by the Export Certificate.
Export Certificate need not be issued for export beyond general quantity.
Article 8
Accredited representative offices and quota/license offices authorized by MOFTEC at Qingdao, Nanjing, Shanghai and Zhengzhou (hereinafter referred to as License-issuing Authorities) shall issue Export Certificate for garlic to South Korea according to relative regulations.
Article 9
In accordance with the approved quota quantity announced by MOFTEC, the License-issuing Authorities shall issue the Export Certificate with the "Certificate on Applying for Export Certificate of Quota Bidding Commodities" issued by Bidding Offices. It is not permitted to issue Export Certificate if the quota is exceeded or there is no quota.
Export License shall be issued in accordance with current provisions.
Article 10
Enterprises that export garlic to South Korea within the general quantity shall obtain the Export License and Export Certificate from License-issuing Authorities with the "Certificate on Applying for Export License of Quota Bidding Commodities" according to relative regulations. Both the Export License and Export Certificate shall be presented for customs clearance.
The Export Certificate is quadruplicate. The first (yellow) is voucher for export to South Korea, with which, South Korean customs give clearance at low tariff after it is affixed "examined stamp" by Chinese customs. The second (pink) shall be remained after it is affixed "examined stamp" by Chinese customs. The third (green) shall be returned to the License-issuing Authority by the enterprise after it is affixed "examined stamp" by Chinese customs. The fourth (white) shall be kept for a file by the License-issuing Authority.
Article 11
Quota Bidding Office of Garlic shall report quota issuance to MOFTEC monthly and send a copy to relative provincial of municipal Foreign Economic Relations & Trade Departments/Commissions.
MOFTEC shall regularly examine export status of the enterprises. Relative provincial or municipal Foreign Economic Relations & Trade Departments/Commissions or Quota Bidding Office of Garlic shall be entrusted by MOFTEC for concrete examination.
Article 12
Relative provincial or municipal Foreign Economic Relations & Trade Departments/Commissions shall be responsible for administration on local export of garlic and regular examination on export conditions of the enterprises. Results of examination shall be submitted to MOFTEC for record.
Article 13
China Chamber of Imports & Exports for Foods, Local Products and Livestock Products shall be responsible for coordination and instruction on garlic export. The export enterprises shall obey Chamber's coordination.
Article 14
All classes of enterprises shall only strictly abide by the Provisional Rules. Enterprises violating the Provisional Rules shall be punished against ascertain.
Article 15
The Provisional Rules shall be construed by MOFTEC.
Article 16
The Provisional Rules shall come into force on the day when this document is dispatched.
Exhibit One:
| Commodity Code | Name and Description | Remarks | | 07032010.10 | Fresh Garlic | - | | 07032010.90 | Chilled Garlic | - | | 07032090.10 | Fresh Garlic Clove | husked or not husked | | 07032090.20 | Chilled Garlic Clove | husked or not husked | | 07108090.10 | Freezing Garlic (including head and clove) | husked or not husked | | 07129090.10 | Dried or Dehydrated Garlic (including head and clove) | husked or not husked | | 07119039.10 | Simply Salted Garlic (including head and clove) | husked or not husked | | 20019000.10 | Vinegared Garlic (including head and clove) | sugaring or husked |
Exhibit Two:
"Certificate for Export of Garlic from China to South Korea" |
