Unless explicitly prohibited or restricted by laws and administrative regulations, no unit or individual may establish or maintain measures to prohibit or restrict the import and export of goods. Article 5 People's Republic of China (PRC) shall grant other contracting parties and participants MFN treatment and national treatment in the import and export trade of goods according to the international treaties and agreements it has concluded or acceded to, or grant each other MFN treatment and national treatment according to the principle of reciprocity and reciprocity. Article 6 Where any country or region adopts discriminatory prohibitions, restrictions or other similar measures against People's Republic of China (PRC) in the import and export trade of goods, People's Republic of China (PRC) may take corresponding measures against that country or region according to the actual situation. Article 7 The foreign economic relations and trade department of the State Council (hereinafter referred to as the foreign economic relations and trade department of the State Council) is in charge of the national import and export trade of goods in accordance with the provisions of the Foreign Trade Law and these Regulations.
The relevant departments of the State Council shall be responsible for the administration of import and export trade of goods in accordance with the responsibilities stipulated by the State Council and the provisions of these Regulations. Chapter II Administration of Import of Goods Section 1 Goods Prohibited from Import Article 8 Goods under any of the circumstances stipulated in Article 17 of the Foreign Trade Law are prohibited from being imported. Where other laws and administrative regulations prohibit the import, such provisions shall prevail.
The catalogue of goods prohibited from import shall be formulated, adjusted and published by the competent foreign trade department of the State Council in conjunction with the relevant departments of the State Council. Article 9 Goods prohibited from being imported shall not be imported. Section 2 Goods Restricted from Import Article 10 The import of goods under any of the circumstances specified in Items (1), (4), (5), (6) and (7) of Article 16 of the Foreign Trade Law shall be restricted. Where other laws and administrative regulations restrict imports, such provisions shall prevail.
The catalogue of goods restricted from import shall be formulated, adjusted and published by the competent foreign trade department of the State Council in conjunction with the relevant departments of the State Council.
The Catalogue of Goods Restricted from Import shall be published at least 0 days before its implementation; In case of emergency, it shall be announced no later than the date of implementation. Article 11 The import of goods with quantitative restrictions stipulated by the state shall be subject to quota management; Other goods whose import is restricted shall be subject to license management.
Imported goods subject to tariff quota management shall be implemented in accordance with the provisions of section 4 of this chapter. Article 12 Goods restricted from import subject to quota management shall be managed by the competent foreign trade department of the State Council and the relevant economic administrative department of the State Council (hereinafter referred to as the import quota administrative department) according to the division of responsibilities stipulated by the State Council. Article 13 For the goods that are restricted to import under quota management, the administrative department of import quotas shall announce the total import quotas for the next year before July 36 of each year.
The quota applicant shall submit the application for import quotas for the next year to the administrative department of import quotas from August 1 day to August 3 1 day every year.
The administrative department of import quotas shall allocate the quotas for the next year to quota applicants before June 3 1 every year.
The administrative department of import quotas may adjust the total annual quota according to needs, and publish it 0 days before implementation. Article 14 Quotas can be uniformly distributed to all applications. Article 15 Where quotas are uniformly distributed to all applications, the administrative department of import quotas shall make a decision on whether to issue quotas within 60 days from the deadline of the prescribed application period. Article 16 When allocating quotas, the administrative departments of import quotas shall consider the following factors:
(a) the applicant's import performance;
(two) whether all the quotas allocated in the past have been used;
(3) The production capacity, business scale and sales status of the applicant;
(4) An application from the new import operator;
(5) The number of quotas applied for;
(6) Other factors to be considered. Article 17 The importer shall go through the formalities of customs declaration and clearance with the quota certificate issued by the administrative department of import quotas.
The relevant economic administrative departments of the State Council shall timely report the total annual quota, distribution scheme and actual issuance of quota certificates to the competent department of foreign trade and economic cooperation of the State Council for the record. Eighteenth quota holders who have not used up their annual quotas shall return the unused quotas to the administrative departments of import quotas before September 6 of that year; If it is not returned on schedule and is not used up before the end of the current year, the administrative department of import quotas may deduct the corresponding quotas in the next year. Article 19 Where the import of goods subject to license administration is restricted, the import operator shall apply to the foreign trade department of the State Council or the relevant department of the State Council (hereinafter referred to as the import license administration department). The administrative department of import license shall decide whether to grant permission or not within 30 days from the date of receiving the application.
Import operators shall go through the formalities of customs declaration and clearance with the import license issued by the import license administration department.
The import license mentioned in the preceding paragraph includes all kinds of documents that are allowed to be imported as stipulated by laws and administrative regulations.