Laws of the People's Republic of China

the Ministry of Commerce, the General Administration of Customs, the State Environmental Protection Administration

Announcement of Ministry of Commerce, General Administration of Customs and State Environmental Protection Administration

[2004] No. 55

In accordance with the Foreign Trade Law of the People's Republic of China, the Custom Law of the People's Republic of China, the Law of Air Pollution Prevention and Control of the People's Republic of China as well as other requirements related to the state industrial policy, the prohibited commodities catalogue of processing trade are now adjusted and promulgated (see Appendix1). At the same time some of the documents related to prohibited commodities of processing trade promulgated before shall be abolished (see Appendix2).

This Announcement shall enter into force as of November 1, 2004. For those processing trade business which has been examined and approved by commercial department (foreign trade and economy cooperation department), been put on record with the Customs and is related to this catalogue's adjustment and updating, it is permitted to complete the execution during the period of validity. However, the processing trade handbook shall not be prolonged over the expiring date. Those commodities shall not be sold within the territory.

Henceforth the catalogue and the tax number of the prohibited commodities of processing trade shall be adjusted and updated annually in line with the development of the national economy as well as the requirement of the industrial policy. If any department concerned encounters any problem or has any suggestion during the execution, please put forward in time.

It is hereby notified.

Appendix: as is presented

Ministry of Commerce

General Administration of Customs

State Environmental Protection Administration

October 27, 2004 Appendix 1:Prohibited Commodities of Processing Trade

I.

Commodity prohibited from import of export by the state

1.

Announcement No.19, 2001 by the Ministry of Foreign Trade and Economic Cooperation of People's Republic of China (the first batch of commodities prohibited from import and the first batch of commodities prohibited from export prohibited from export);

2.

Announcement No.37, 2001 by the Ministry of Foreign Trade and Economic Cooperation , The Customs General Administration and the State Administration for Quality Supervision , Inspection and Quarantine of People's Republic of China (the second batch of commodities prohibited from import );

3.

Announcement No.36, 2001 by the Ministry of Foreign Trade and Economic Cooperation , the General Administration of Customs, and the State Administration for Environment Protection of People's Republic of China(the third batch of commodities prohibited from import);

4.

Announcement No.25, 2002 by the Ministry of Foreign Trade and Economic Cooperation , the General Administration of Customs, and the State Administration for Environment Protection of People's Republic of China (the forth and fifth batch of commodities prohibited from import, excluding sugar cane, molasses (17031000) and other molasses (17039000) having been adjusted to be restricted from import in the forth batch);

5.

Announcement No. 40, 2004 by the Ministry of Commerce, the General Administration of Customs, and the Ministry of Forestry of People's Republic of China (the second batch of commodities prohibited from export);

6.

import materials which fall within commodities prohibited from import into China (including old clothes, disused publications with obscene contents and industrial waste with injurant or radioactive substances etc. ).

II.

Commodity of processing trade prohibited from import or export

1.

seeds, seedling, breeder, chemical fertilizer, feedstuff, additive and antibiotic etc. imported for planting or raising export products

2.

frozen tip of chicken wing, chicken claws, chicken liver and other chicken sweetbread (import commodity code: 02071429)

3.

waste machinery and electronic products and scrap materials(see the list below) htm/e03716.htm

　　4. Used electromechanical products (see the following table) (excluding the expansion of the maintenance and reopening in export processing zone and tax-protected zone)

　　5. Others: coal (import commodity code: 27011100.10, 27011100.90, 27011210, 27011290, 27011900, 27012000, 27021000, 27022000, 27030000)
　　bird's nest (import commodity code: 04100010)
　　frozen fin (import commodity code: 03037500)
　　dried fin (import commodity code: 03055920)
　　wet fin (import commodity code: 03026500)
　　gen-seng (import commodity code: 12112010)
　　antlers and antler powder (import commodity code: 05079020)
　　fertilizer (import commodity code: chapter 31)
　　charcoal fired by imported timber (import commodity code: 44020000)
　　6. Simulation guns produced and exported in the form of processing trade (the explanation relevant to guns see Law of People's Republic of China on Controlling Guns ) 

Annex 2:

Partial Documents on Terminating the Execution of the Prohibited Commodity Related to Processing Trade

　　I. Circular on Listing frozen tip of chicken wing, chicken claws, chicken liver and other chicken sweetbread in Catalogue of Prohibited Commodity of processing trade (Guo Jing Mao Wai Jing [2000] No.1178)

　　II. Article 1 in Circular of State Economic and Trade Commission, Ministry of Foreign Trade and Economic Cooperation, General Administration of Customs on Determining Catalogue of prohibited and import restricted commodity in the first batch processing trade (Guo Jing Mao Mao Yi [1999] No.490)

　　III. Reply to Defining Catalogue of Prohibited Commodity of Processing Trade (Wai Jing Mao Mao Zi [2002] No.303)