Methyl bromide, HCFCs, halons, carbon tetrachloride, methyl chloroform, CFCS, and goods composed of chemicals controlled under the Montreal Protocol
- Document symbol
- G/LIC/N/3/TPKM/14
- Original language
- English
- Published on
- 11/12/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
This licensing system is the control measure taken as necessary to be in compliance with the Montreal Protocol. Any applicants wishing to import these controlled substances shall apply for import permit and quota in advance. The granting requirements and procedures are specified within the "Methyl Bromide Management Regulations", the "HCFCs Consumption Management Regulations" and the "Regulations for Management of Montreal Protocol Controlled Substances" set and administered by the Ministry of Environment (MOE). With such permit and quota, the applicant then can acquire the Import License from the MOE, which will be used for clearance of the shipments at the custom.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The products under this system are subject to non-automatic licensing, and they are:
(a) Methyl Bromide: C.C.C. 2903.39.90.21-5, 3808.99.92.10-7, 3824.77.00.10-4.
(b) HCFCs: C.C.C. 2903.71.00.00-8, 2903.73.00.00-6, 2903.74.00.00-5, 2903.72.00.00-7, 2903.79.00.10-8, 2903.75.00.00-4, 3827.31.00.00-8, 3827.32.00.00-7, 3827.39.00.00-0.
(c) Halons: 2903.76.00.00-3, 3813.00.00.10-9, 3827.20.00.00-1；8424.10.00.19-9
(d) Carbon Tetrachloride: 2903.14.00.00-8, 3827.13.00.00-0.
(e) 1,1,1-Trichloroethane (Methyl Chloroform): 2903.19.10.10-9, 2903.77.00.30-6、3827.14.00.00-9.
(f) Chlorofluorocarbons (CFCS): 2903.77.00.10-0, 2903.77.00.20-8, 2903.77.00.30-6, 2903.77.00.40-4, 2903.77.00.51-0, 2903.77.00.61-8, 2903.77.00.62-7, 2903.77.00.71-6, 2903.77.00.72-5, 2903.77.00.73-4, 2903.77.00.74-3, 2903.77.00.75-2, 2903.77.00.76-1, 2903.77.00.77-0.
(g) The following goods, which are composed of chemicals controlled under the Montreal Protocol, are also covered by this system: C.C.C. 2903.79.00.30-4, 2903.79.00.90-1, 3827.11.00.00-2, 3827.12.00.00-1, 3827.90.00.00-6 and 3824.99.99.31-5.
Q3. The system applies to goods originating in and coming from which countries?
Imports shall be made only from signatories to the Montreal Protocol or from countries or areas that have been approved and promulgated by the MOE.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
This system is made in compliance with the provisions of the Montreal Protocol.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
This system could be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Information concerning granting and allocating of import permit or quota is clearly stipulated by the MOE and has been issued official document from MOE.
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
(a) Methyl Bromide: Permission of importation will only be issued for quarantine or pre-shipment treatment uses. Import permit is reviewed and issued to firms based on past performance of firms. Import permit issued shall be valid for six months in different half year. Application for permit is filed on a six‑monthly basis.
(b) HCFCs: The quota is set annually. The domestic quota is calculated by multiplying the base year consumption provided in the Montreal Protocol by a deduction rate. Quota is allocated to firms based on total quota and past performance of firms with priorities given to users. An approval issued shall be valid for six months in different half year. Application for approval is filed on a six‑monthly basis.
(c) Halons, Carbon Tetrachloride, 1,1,1-Trichloroethane (Methyl Chloroform), Chlorofluorocarbons (CFCS), goods which are composed of chemicals controlled under the Montreal Protocol: Permission of importation will only be issued for academic research, experiment analysis or other uses allowed by the Montreal Protocol. The importer can apply for review at any time before the product is imported. The review schedule is determined on a case-by-case basis.
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
(a) Methyl Bromide: Each entity who have obtained permit from MOE may apply for import license.
(b) HCFCs: Importers or users who have obtained quotas from MOE may apply for import license.
(c) Halons, Carbon Tetrachloride, 1,1,1-Trichloroethane (Methyl Chloroform), Chlorofluorocarbons (CFCS), goods which are composed of chemicals controlled under the Montreal Protocol: Each entity who have obtained permit from MOE may apply for import license.
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
(a) Methyl Bromide: Import license shall be issued on a six monthly basis and are to be used within that period.
(b) HCFCs: Import license shall be issued on a six monthly basis and are to be used within that period.
(c) Halons, Carbon Tetrachloride, 1,1,1-Trichloroethane (Methyl Chloroform), Chlorofluorocarbons (CFCS), goods which are composed of chemicals controlled under the Montreal Protocol: Import license shall be issued and are to be used within that period.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Applications for approval are processed within 90 days after the application deadline.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
There is no waiting period between the granting of licences and the date of opening of the period of importation.
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Import approval must be granted by the MOE before obtaining the import license from the MOE.
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
The use and the quantity of the goods to be approved for import must conform to the scope provided in the Montreal Protocol; only then may a special case approval be issued. Quota allocations use past practical merit as a standard.
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
These approval issuance procedures adopt import control to limit import quantity. There are no bilateral agreements or export restraint arrangements; no import licence from the exporting country is required.
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
The quantity is controlled by the importing country. No import licence from the exporting country is required.
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No approvals or licences are issued on the condition that goods imported must be re-exported and not sold in the domestic market.
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Reasons for any refusal are given to the applicant in writing. In the event of refusal, by law, the applicant has a right to appeal by following the procedures provided by the law.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Not every individual, company or organization has the qualifications to apply for a licence. An applicant must prove that the use and the volumes will conform to the scope provided for in the Montreal Protocol.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
(a) For Methyl Bromide, the documents required for an application are:
(1) Documented proof of importer/exporter registration (requested if it is the first time they have applied).
(2) Documented proof of the quantity/volume imported and a photocopy of importer’s import permit in the previous period.
(3) A photocopy of import declaration.
(4) An application to import methyl bromide for quarantine or pre-shipment treatment shall separately submit evidentiary documents with respect to such purposes.
(b) For HCFCs, the documents required for an application are:
(1) Documented proof of importer/exporter registration (requested if it is the first time they have applied).
(2) A table showing quantity statistics for the applicant’s import of controlled substances imported.
(3) A photocopy of import declaration.
(4) An application to import HCFCs shall separately submit evidentiary documents with respect to such purposes.
(c) For Halons, Carbon Tetrachloride, 1,1,1-Trichloroethane (Methyl Chloroform), Chlorofluorocarbons (CFCS), goods which are composed of chemicals controlled under the Montreal Protocol, the documents required for an application are:
(1) Application forms.
(2) Government agency approval and registration certificate of entity.
(3) Description document of chemical substance name, composition and use.
(4) A document explaining the reasons why the listed chemical substances cannot be replaced.
Q11. What documents are required upon actual importation?
Upon actual importation, an import permit issued by the MOE and documents required for customs clearance shall be submitted.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No licensing fee or other administrative fee is required.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment for the application shall be required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
(a) Methyl Bromide: import permit is valid for six months. Every six months application must be made again for import permit. Import permit can be extended for another six months for only one chance if the application for it was filed in two months before expiration. Import license is valid for six months and no extension is allowed.
(b) HCFCs: import license is valid for six months and no extension is allowed.
(c) Halons, Carbon Tetrachloride, 1,1,1-Trichloroethane (Methyl Chloroform), Chlorofluorocarbons (CFCS), and goods which are composed of chemicals controlled under the Montreal Protocol: import approval is valid for six months and no extension is allowed.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Unused import license shall be deducted.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Quota can only be transferred between importers with the same eligibility, but quota allocated to users is not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no additional conditions besides the quantitative limits of the quotas.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures apart from the aforesaid requirements.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.