Outline of system
1. The "Tariff Quota" is regulated by the "Implementation Rules of Tariff Quota”. "Tariff Quota" as referred to in the said Rules means a certain assessed quantity for the importation of some specific goods. A lower tariff rate is applied for imported goods within the quota. The normal tariff rate applies on imported goods in excess of the quota volume (out quota). The tariff quota is allocated through the Ministry of Finance which delegates the authority for these responsibilities to the pertaining body or entrusts it to some other organ. The Ministry of Finance delegates the Central Trust of China to allocate the Tariff Quota for agricultural products, and the advance distribution of the Tariff Quota for small vehicles is entrusted to the Board of Foreign Trade of the Ministry of Economic Affairs.
Purposes and coverage of licensing
2. Agricultural and Industrial Products Subject to a Tariff Rate Quota Regime:
(a) Agricultural Products: Chicken, pork belly, animal offal (including pork offal, poultry offal, deer velvet), fresh pears (excluding European pears), bananas, red bean, liquid milk, peanuts, garlic bulbs, dried shiitake, dried day lily, young coconut, betel nuts, pineapples, mangoes, shaddocks, persimmons, dried longans and longan pulp, sugar (private sector), mackerel, carangid, and sardine (herrings).
(b) Industrial Products: Small vehicles and chassis.
3. The tariff quota regime only applies to goods originating in WTO member countries/territories.
4. Tariff quota certificates are like an import permit in that the purpose is to control or manage the import quantity or volume.
5. The issuance of tariff quota certificates is implemented according to the provisions of the above-mentioned Rules and, it being according to the Customs Law an administrative action, therefore cancellation of the issuance of tariff quota certificates does not require the approval of the Legislative Yuan.
Procedures
6. The products subject to restrictions on quantity or value: The quota allocation system uses a principle of annual criteria. The quota volume is set annually and in accordance with the concessions made under Chinese Taipei’s accession to the WTO.
7. The products not subject to restrictions on quantity or the products imported from certain countries not subject to restrictions on quantity:
(a) The method of advance distribution enables the tariff quota certificates to be issued within a shorter period of time. For those importers who will use a tariff quota certificate with the in- quota rate through the method of advance distribution but at the time of importation haven’t yet obtained the certificate to be able to present it at customs before the expiry of the certificate, Article 16 of the said Rules allows them to apply for advance clearance of the goods at customs by making a deposit equivalent to the out-quota rate being calculated by customs.
(b) After the authorities finish processing the applications, make the allocations, and announce the recipients, then the recipient importers receive their tariff quota certificates.
(c) Allocation decisions are made annually based on annual criteria. Importers shall apply for allocation and import of such products within a specific period of time in that certain year.
(d) They need approach only one administrative body.
8. The application procedures for tariff quotas are open and transparent. Reasons for rejections are clearly posted and recorded in the public, announced tariff-quota application notices.
Eligibility of importers to apply for licence
9. Applicants need to have the following qualifications:
(a) For agricultural products: An applicant shall be an importer/exporter who is duly registered with the Board of Foreign Trade of the Ministry of Economic Affairs.
(b) For industrial products: For small vehicles, an importer/exporter being either a corporate entity or an individual, who is duly registered with the Board of Foreign Trade of the Ministry of Economic Affairs.
Documentational and other requirements for application for licence
10. A sample application form is attached.
11. Upon actual importation, an importer is required to submit the certificate of tariff quota.
12. Applications for agricultural products for Tariff Quota allocation are conducted in the order received. Applicants are required to pay NT1, 000 when they apply for quota allocation. The amount of NT1, 000 is also charged if there is transference of a quota.
13. For the agricultural products, which have been allocated advance distribution, the authorities will collect either a performance bond or premium (or both) at the time of the issuance of the certification of tariff quota. A performance bond will be returned to the holder after the holder imports its total allocation before its certificates expire. A premium being charged to obtain the right to import goods is non-refundable.
Conditions of licensing
14. The valid period of certificate of tariff quota:
(a) Agricultural products imported under an advance tariff quota allocation: The quota is allocated on a yearly basis, and certificates are valid for products arriving on or before 1 September of that year; these certificates can be extended if necessary.
(b) Industrial products:
For small vehicles, certificates are valid for products arriving on or before 31 December of that year, and there is no extension.
15. There is no penalty for the non-utilization, in part or in whole, of an approval.
16. For agricultural products allocated under an advance tariff quota allocation, the quota distributed can be transferred in part or in whole within the valid period of the certificates but certificates for small vehicles are non-transferable.
To transfer a quota, both obligee and transferee shall together fill out an application form for tariff quota and apply to the original authority which allocated the quota for transference of the quota and of the performance bond. The application for transference shall be accompanied by the following documents:
(a) The original tariff quota certificates.
(b) The tariff quota transference agreement, signed by both said parties.
(c) The transference of the performance bond agreement, signed by both said parties.
17. There are no conditions attached to the issuance of an approval.
Other procedural requirements
18. There are no other administrative procedures, apart from obtaining an approval document prior to importation.
19. Foreign exchange is automatically provided by the banking authorities for goods to be imported.
Questionnaire Authority amendment 1. Commodities
subject to conditional import (iron and steel products), optical disk manufacturing
equipment
Board of Foreign Trade, Ministry of Economic Affairs
1. Foreign Trade Act
2. Enforcement Rules of the Foreign Trade Act 3. Regulations Governing Import of Commodities 4. Regulations Governing Registration and Administration of Exporters and Importers 5. Optical Disk Law
6. Optical Disk Manufacturing Implement Importation and Exportation Regulations
202/06/12 Amended 2000/08/30 Amended 2000/08/09 Amended 2001/06/20 Amended
2001/11/14 Promulgated 2002/01/30 Amended
2. Methyl bromide Council of Agriculture, Executive Yuan
1. Operating Regulations Governing the Control of Restricted Methyl Bromide
2. Notifying Import and Export Restrictions on the Chemicals subject to Control under Montreal Protocol
1997/11/27 Announced
195/01/13 Amended
HCFC Industrial
Development Bureau, Ministry of Economic Affairs
3. Regulations Governing Controlled Substances Pursuant to the Montreal Protocol
1995/12/21 Amended [email protected] [email protected] [email protected]
3. Breeding livestock and poultry and genetic resources
Council of Agriculture, Executive Yuan
1. Guidelines for Screening Application for Letter of Approval for the Importation of Breeding Livestock and Poultry and Genetic Resources
2002/07/24 Amended [email protected]
G/LIC/N/3/
TPKM/1
Agriculture, Executive Yuan
2. Regulations of Rice Imports Quota Administration
2001/12/31 Promulgated
5. Yellow-fin tuna, bluefin tuna, southern bluefin tuna,
swordfish, big-eye tuna
Fishery
Administration, Council of Agriculture, Executive Yuan
1. Screening Criteria and Procedures Regarding Applications for Written Approval to Import Yellow-fin Tuna
2. Notice of Application for Written Approval Licence to Import, Export and Re-export Bluefin Tuna and Original Statistical Document
3. Notice of Application for Written Approval Licence to Import, Export and Re-export Southern Bluefin Tuna
4. Notice of Application for Written Approval Licence to Import Swordfish
5. Notice of Application for Written Approval Licence to Import Big-eye Tuna
2002/02/17 Amended
2000/07/25 Announced
2000/03/30 Announced
2001/09/12 Announced
2002/03/15 Announced
6. Tobacco, liquor products and undenatured ethyl alcohol
Department of National Treasury, Ministry of Finance
1. The Tobacco and Alcohol Administration Law 2. Enforcement Rules of the Tobacco and Alcohol Administration Law
3. Regulations Governing Undenatured Ethyl Alcohol
2000/04/19 Promulgated 2000/12/30 Promulgated
2000/12/30 Promulgated
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products Commission, Ministry of Economic Affairs
Salt Department of
Mines, Ministry of Economic Affairs
2. Statute for Salt Administration
3. Bylaw of the Statute for Salt Administration 4. Announcement of the Standards and Procedures of Approving the Application for the Import of Salt and Issuing Permission Document
1981/11/16 Amended 1990/08/15 Amended 1996/05/14 Amended
8. Fishing boats Fishery
Administration, Council of Agriculture, Executive Yuan
1. Fisheries Law
2. Enforcement Rules of the Fisheries Law 3. The Regulation for Fishing Vessel Building Permit and Fishery Licence Issue
4. Operating Rules for Screening Applications to Import Fishing Vessels using New Fishing Methods
5. Administering Approach of Recreational Fishery
1991/02/01 Amended 2000/01/31 Amended 2001/09/28 Amended
1999/11/08 Amended
2001/07/31 Amended
G/LIC/N/3/
TPKM/1
Navigation and Aviation, Ministry of Transportation and
Communications
7. Regulations of Small Vessels (Partial Articles) 8. The Governing Rules on Carriers by Ship and Ship Leasing Companies (Partial Articles)
1996/09/24 Amended 1996/07/17 Amended
Civil aircraft Civil Aeronautics Administration, Ministry of Transportation and Communications
9. Regulation of Civil Air Transport Enterprise 10. Regulation Governing General Aviation
2002/04/02 Amended 2002/04/02 Amended
9. Controlled weaponry, guns
National Police Administration, Ministry of Interior
1. The Weaponry Possessed by Individual or Group
2. Control of Firearms, Ammunition and Weaponry
1997/03/24 Promulgated
2001/11/14 Promulgated
Police weaponry National Police Administration, Ministry of Interior
3. Social Order Maintaining Law (Partial Articles) 4. Application of Weaponry
5. Police Bayonet, Truncheons and Electric Wand Management Measures
1991/06/29 Promulgated 1985/01/18 Promulgated 2000/03/20 Promulgated
Industrial use explosives
Bureau of Mines, Ministry of Economic Affairs
6. Industrial Use Explosive Material Management Code
2001/10/31 Amended [email protected]
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