General Administration of Customs Announcement No. 4 of 2012 (on the implementation of "Foreign Investment Industrial Guidance Catalogue (2011 Amendment)" related matters)

December 24, 2011, the National Development and Reform Commission, Ministry of Commerce jointly announced by Decree No. 12 of the "Foreign Investment Industrial Guidance Catalogue (2011 Amendment)" (hereinafter referred to as "foreign directory (2011 Amendment)", see Annex) and regulations since January 30, 2012 shall come into force. Customs is now on implementation issues related to notice as follows:


First, since January 30, 2012 onwards, on a "foreign directory (2011 Amendment)" encouraged the scope of foreign investment projects (including capital projects), within the total investment for personal use imported equipment and import of equipment under the contract with the technology and spare parts, spare parts, in addition to "foreign investment projects are not duty-free imported goods catalog" and "non-duty-free imports of major technical equipment and products directory" listed commodities, according to the "State Council on Adjusting the Tax Policy of Import Equipment "(Guo Fa [1997] No. 37), General Administration of Customs Announcement No. 103 of 2008 and other relevant provisions of the customs duties, and pay the imposition of import VAT.
Second, the "foreign directory (2011 Amendment)" after the implementation of "Project Confirmation" in the "industrial policy project examination and approval items" code as "M", for example, "foreign directory (2011 Amendment)" in the first encouraged a class of item 1 should be completed as follows: woody edible oil, spices, and the cultivation and development of industrial raw materials, production (M 0101); The third paragraph (a) of the item should be filled in as the l: biological feed, straw, feed, aquaculture feed development, production (M 030101).
Third, in order to maintain continuity of policy, on January 30, 2012 before (excluding January 30, the same below) for approval, approval or filing of foreign investment projects (with project approval, approval or filing date of, below), a "Catalogue for the Guidance of Foreign Investment Industries (Amended in 2007) to" encourage class-wide, may continue to be exempted from import duties in accordance with the regulations procedures. However, the project unit shall be January 30, 2013 before the holders of investment department issued "project confirmation" (where "industrial policy, approval of the project entry" upon the original approval of entry and coding completed) and other relevant information apply to the customs tax breaks for the record. Overdue, the Department is no longer accepting applications for the tax breaks for the record.
For the January 30, 2012 before the approval, approval or filing, and a "foreign directory (2011 Amendment)" encouraged the scope of foreign investment projects, investment department in accordance with the "foreign directory (2011 Amendment)" industrial policy entry issued by the "project confirmation" of (where "industrial policy project approval entry" to "M" for coding), Customs admissible.
Fourth, for not included in the "Catalogue for the Guidance of Foreign Investment Industries (Amended in 2007)," the foreign investment projects under construction, who meet the "foreign directory (2011 Amendment)" to encourage class-wide, according to relevant provisions apply to the investment department retroactive "project confirmation." Obtaining the "Project Confirmation", the projects under construction and self-use equipment imported equipment under the contract with the import of technology and spare parts, spare parts, can refer to the provisions of this Notice the first to enjoy the preferential import tax, but taxes imported equipment has been , the tax will not be refunded.
Notice is hereby given.

Appendix: Foreign Investment Industrial Guidance Catalogue (2011 Amendment)

 


January 29, 2012

2012-01-29