Ministry of Foreign Trade and Economic Cooperation, Administration of Import of Commodities Dealt in by Designated Dealers Measures

Promulgated: December 20 2001
Effective: January 1 2002
Interpreting authority: Ministry of Foreign Trade and Economic Cooperation (MOFTEC)

Main contents: The Measures state that MOFTEC shall formulate, adjust and publish a catalogue of commodities whose import shall be handled exclusively by enterprises designated by MOFTEC (Articles 2 and 3). MOFTEC shall designate such enterprises based on the principles of fairness, openness and equality and shall publish the names of such enterprises (Article 4). An enterprise applying for such designation shall meet certain specific conditions, including Rmb10 million in registered capital, appropriate procurement and sales channels and no record of violations of the law for the previous two years (Article 5). Commodities that are otherwise subject to import by designated business may be imported without such restriction if they are imported: (1) for processing trade; (2) by foreign investment enterprises as part of their capital investment or for their own use; (3) under an intergovernmental trade agreement; (4) as donations; (5) for a project financed by foreign government loans, World Bank loans or Asian Development Bank loans; (6) as materials exchanged through project contract or service cooperation; or (7) into an export processing zone or bonded zone (Article 15).
Related legislation: PRC, Foreign Trade Law (Revised), Apr 6 2004, CLP 2004 No.4 p34 and PRC, Administration of Import and Export of Commodities Regulations