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What are the relevant stipulations of the Ministry of Commerce regarding foreign investors’ investment in establishing a dairy products company in China? What kind of documents need to be submitted for approval? What are the special requirements concerning the establishment of on-site sales place like Starbucks? Answer: 1. According to the provisions of the Guiding Directory of Foreign Invested Industries (2004 Amendment), production of dairy products belongs to the category encouraged by the state. Please consult Shanghai Foreign Capital Committee for documents needed for the approval of foreign investment in dairy products enterprises. 2. Establishment of on-site sales place like Starbucks belongs to the category of establishing special franchise stores; relevant detailed stipulations can be found in Article 8 of Administration Measures on Foreign Investment in Commercial Area (Commerce Ministry Order No.8 of 2004). For specific questions please consult Shanghai Foreign Capital Committee. Address of Shanghai Foreign Capital Committee: New Hongqiao Building, No.55 Loushanguan Road, Shanghai. Tel: 021-6275 2200. Question: We, a foreign wholly owned enterprise in Xiamen, will buy a car (Hummer H2) from the US for our own use. Can we import the car ourselves? How to proceed? COLIN 2007-06-14 Answer: According to the present practice, please see Administration Measures on the Import of Cars for the Own Use by Foreign Invested Enterprises (MOFTEC Document No.376 of 2000) for the import license application procedure. Question: Our company has hired a Canadian and has applied Work Permit for Foreigners. Can we import a duty-free car for our own use? If so, where can we complete the formalities? yanjia 2007-06-14 Answer: According to the stipulations of Administration Measures on the Collection of Vehicle Purchase Tax (the State Tax Administration Order No.15), foreign experts who come to China to reside permanently are entitled to one duty-free car for their own use, on condition that they need to provide an Expert Certificate issued by the State Foreign Expert Bureau or its authorized organizations and a domestic residence certificate issued by the public security authority. This policy is not applicable to foreigners working in China. For specific questions please consult Beijing State Tax Bureau. Question: An enterprise in our city wants to export dried mushroom. What requires attention in the export process and what are the formalities to be completed? Answer: According to the provisions of Customs Tariff on Import & Export of the People’s Republic of China, there is no limitation on the export of commodities with HS code 07123910 (dried vegetables; whole, cut, sliced, minced or powered mushroom (without further processing); they only need to go through the export commodity inspection of the Inspection and Quarantine Bureau for Import and Export Commodities. Question: Our company plans to apply for import qualifications for cruel oil and fuel oil. Does the Ministry of Commerce receive the application anytime or at scheduled time period? How long approximately does it take to get an official reply? Answer: At present our country exercises import qualification register management for the trading of cruel oil and fuel oil by non state-owned companies. The Ministry of Commerce receives application for import qualifications for the trading of cruel oil and fuel oil by non state-owned companies at any time. As long as enterprises satisfy the conditions published in MOFTEC Bulletin No.19 of 2006 namely the Application Conditions for Qualification Registration, Material to be Submitted for Approval and the Application Procedure Regarding the Trading, Import and Operation of Cruel Oil, Finished Oil and Chemical Fertilizer by Non State-Owned Enterprises, their application can be approved.
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