Issued by: Ministry of Commerce of the People’s Republic of China, Ministry of Industry and Information Technology of the People’s Republic of China, General Administration of Customs of the People’s Republic of China, General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China and Certification and Accreditation Administration of the People’s Republic of China
Shang Chan Fa [2012] No. 318
Date of Issuance: September 6, 2012
Date of Implementation: September 6, 2012
To further change the development mode of automobile and motorcycle exports, improve the quality and efficiency of the export growth and promote the industrial healthy development, in accordance with the Foreign Trade Law of the People’s Republic of China, the Customs Law of the People’s Republic of China, the Commodity Inspection Act, the Policy on Development of Automotive Industry , the Regulations of the People’s Republic of China on Certification and Accreditation, the Ministry of Commerce, the Ministry of Industry and Information Technology, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Certification and Accreditation Administration decide to implement export qualification management for automobile and motorcycle manufacturers (including non-highway two-wheeled motorcycles and all-terrain vehicles, see Annex 1 and Annex 2 for product catalog) authorization management for manufacturers’ export enterprises and classified management for manufacturers’ authorization. Relevant issues are hereby notified as follows:
I． Conditions for manufacturers applying for export qualification:
1. Automobile and motorcycle manufacturers shall be included in the Announcement of Vehicles Manufacturers and Products issued by the Ministry of Industry and Information Technology and shall have valid China Compulsory Certification (CCC);
2. Low-speed automobile manufacturers shall be included in the Announcement of Vehicles Manufacturers and Products issued by the Ministry of Industry and Information Technology;
3. Non-highway two-wheeled motorcycle manufacturers shall have valid ISO9000 Enterprise Quality Management System Certification and voluntary product certification promoted by China or relevant international certification(s);
4. All-terrain vehicles manufacturers shall have valid ISO9000 Enterprise Quality Management System Certification and relevant international certification(s);
5. Manufacturers of all product categories shall have appropriate maintenance service ability corresponding to their export retaining volume.
II. Classified Management
1. From the year of 2013, the Ministry of Commerce, the Ministry of Industry and Information Technology, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Certification and Accreditation Administration will implement the classified export authorization management for manufacturers on the basis of verification of overseas after-sale maintenance service outlets reported by manufacturers and export scales.
Qualified export manufacturers may, on the basis of their own enterprise category, authorize a certain number of export enterprisers (including the import and export companies of the enterprise groups) to export their products; both parties shall define specifically product quality assurance, after-sale service and other joint and several liabilities in the authorization agreement.
2. Classified management standards for automobile and motorcycle manufacturers in 2013.
(1) Automobile manufacturers
Class-A manufacturers (such manufacturers can authorize seven enterprises to export their products): manufacturers with 50 overseas after-sale service outlets and an annual export volume (the export volume in 2011 or the export volume in 2012 calculated on the basis of the export volume in the first half year of 2012, the same below) of 10,000 passenger cars, trucks and low -speed automobiles/2,000 large- and medium-sized passenger vehicles.
Class-B manufacturers (such manufacturers can authorize five enterprises to export their products): manufacturers with 10 overseas after-sale maintenance service outlets and an annual export volume of 2,000 passenger cars/1,000 large- and medium-sized coaches/5,000 trucks and low-speed vehicles.
Class-C manufacturers (such manufacturers can authorize three enterprises to export their products): manufacturers with 5 overseas after-sale maintenance service outlets and an annual export volume of 500 passenger cars/200 large- and medium-sized coaches/1,000 trucks and low-speed vehicles.
Class-D manufacturers (such manufacturer can authorize one enterprise to export their products): manufacturers which fail to meet the requirements specified for the class-A, class-B and class-C manufacturers, but have established overseas after-sale maintenance service outlets.
Class-E manufacturers (self-export only): manufacturers which have not established any overseas after-sale maintenance service outlet.
(2) Motorcycle (including non-highway two-wheeled motorcycles and all-terrain vehicles) manufacturers
Class-A manufacturers (such manufacturers can authorize five enterprises to export their products): manufacturers with 10 overseas after-sale maintenance service outlets and an annual export volume of 100,000 motorcycles and non-highway two-wheeled motorcycles; or manufacturers with five overseas after-sale maintenance service outlets and an annual export volume of 10,000 all-terrain vehicles.
Class-B manufacturers (such manufacturers can authorize three enterprises to export their products): manufacturers with 5 overseas after-sale maintenance service outlets and an annual export volume of 100,000 motorcycles and non-highway two-wheeled motorcycles; or manufacturers with three overseas after-sale maintenance service outlets and an annual export volume of 5,000 all-terrain vehicles.
Class-C manufacturers (such manufacturers can authorize one enterprise to export their products): manufacturers which fail to meet the requirements specified for the class-A and class-B manufacturers, but have established overseas after-sale maintenance service outlets.
Class-D manufacturers (self-export only): manufacturers which have not established any overseas after-sale maintenance service outlet.
As for the manufacturers that are producing a variety of automobiles or motorcycles, the automobiles or motorcycles with maximum authorized export enterprises can be taken as reference to define such manufacturers’ classification.
3. The Ministry of Commerce will make timely modifications to the classified management standards together with the Ministry of Industry and Information Technology, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Certification and Accreditation Administration based on actual export situations. From the year of 2014, manufacturers without any overseas after-sale maintenance service outlet are not allowed to grant any export authorization or conduct any self-export activities.
III. Application Procedures
1. Qualified manufacturers shall submit their application forms (see Annex 3 and Annex 4), photocopies of customs declarations and other required supporting documents, general situation of construction and changes of overseas after-sale maintenance service outlets to the competent authorities of commerce (export and import offices of machinery and electronic products) of provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan, and Xinjiang Production and Construction Corps before September 10 of each year.
2. All competent authorities of commerce (export and import offices of machinery and electronic products) shall carry out primary review about the submitted documents by manufacturers and solicit comments about the documents from local customs, then submit the relevant documents and summary tables (see Annex 5 and Annex 6) to the Ministry of Commerce (Department of Mechanic, Electronic and Hi-tech Industry) before September 30 of each year.
3. The Ministry of Commerce and the Ministry of Industry and Information Technology, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Certification and Accreditation Administration make public announcement of the List of Qualified Manufacturers for Export License of Automobiles and Motorcycles (hereinafter referred to as the List) for the next year in each October and release the List officially in each December.
IV. Enforcement of Qualification Management
1. From December 15 of each year, licensing agencies authorized by the Ministry of Commerce issue export licenses for the next year in accordance with the List. Export license applies to general trade, processing trade, border trade, and exports of donated automobiles and motorcycles.
2. Enterprises shall take contracts, export licenses and other required certificates and approval documents to apply to entry-exit inspection and quarantine agencies for verification. Automobile vehicles and motorcycles to be exported shall be inspected on the production places, and the quality assurance of manufacturers is reviewed by exit and entrance inspection and quarantine agencies.
Where importing countries have laws, rules and regulations on access of imported automobiles and motorcycles, enterprises shall submit certificates in compliance with corresponding access requirements to exit and entry inspection and quarantine agencies; and the agencies execute inspections in accordance with the technical specifications defined by the General Administration of Supervision, Inspection and Quarantine.
3. Enterprises shall take their export licenses and Certificate of Inspection for Goods Outward issued by the inspection and quarantine agencies to go through export formalities at customs.
4. The Ministry of Commerce and the Ministry of Industry and Information Technology, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Certification and Accreditation Administration, on the basis of overseas business development of export enterprises, management of Announcement of Vehicle Manufacturers and Products, daily inspection and supervision of export products and enterprise compulsory certification, propose pre-warning and make dynamic modification to the List in a timely manner.
5. Enterprises committing one of the following acts shall be imposed a notification, a warning, suspension or cancellation of export qualification of automobiles or motorcycles depending on the circumstances.
(1) Providing false qualification certificates;
(2) Products are identified by relevant departments as infringement of intellectual property rights;
(3) Counterfeiting manufacturers’ authorization certificates;
(4) Exporting non-self-manufacturing or non-authorized products;
(5) Major overseas quality events and significant adverse effects on China’s exports are caused by or concerned with their exported products; or
(6) Other acts in breach of provisions in this notification and acts of bad faith.
6. Export enterprises shall report enterprises in breach of laws and regulations to the Ministry of Commerce, the Ministry of Industry and Information Technology, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine and the Certification and Accreditation Administration, and relevant departments shall conduct probes investigation and take appropriate actions.
V. Other Matters
1. In order to encourage development of trading with boarding countries, relevant provinces and autonomous regions in border areas can recommend one or two strong export enterprises, and define authorization relations with key manufacturers (Class-A and Class-B manufacturers) and target export market and then propose applications. Such authorizations are not limited by the number of manufacturers’ authorized export enterprises, but manufacturers shall not grant authorization repeatedly in the same target market. During application every year, local management departments shall submit the last year’s export development of recommended enterprises.
2. If enterprises export automobile and motorcycles in the manner of engineering contracting, they shall apply for export licenses on the strength of letters of acceptance and other relevant certificates; enterprise exporting imported automobiles, motorcycles not originated from China shall apply for export licenses on the strength of the customs documents for import and export contracts.
Enterprises exporting motor engines and frames shall apply for export licenses on the strength of the certificates (see Annex 7 for format) presented by motorcycles manufacturers with export qualification.
3. The notification comes into effect as of the date of promulgation. The previous Circular on Regulating Export Order of Automobile (Shang Chan Fa [2006] No.629), the Circular on Regulating the Export Order of Motorcycle Products (Shang Ji Dian Fa [2005] No.699), and the Supplementary Circular on Regulating the Export Order of Motorcycle Products (Shang Ji Dian Fa [2006] No.44) are abolished from the date on.
Annex: 1. Catalog of Automobile Products under the Export License Management
2. Catalog of Motorcycle Products under the Export License Management
3. Application Form for Qualified Manufacturers to Apply for Automobile Export License
4. Application Form for Qualified Manufacturers to Apply for Motorcycle Export License
5. Summary Table of Qualified Manufacturers Applying for Automobile Export License
6. Summary Table of Qualified Manufacturers Applying for Motorcycle Export License
7. Export Certificate for Motor Engines and Frames
Ministry of Commerce of the People’s Republic of China
Ministry of Industry and Information Technology of the People’s Republic of China
General Administration of Customs of the People’s Republic of China
General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China
Certification and Accreditation Administration of the People’s Republic of China
September 6, 2012