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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref: TID TS 50/1

21 November 2014

Dear Sirs,

Hong Kong Registered Wine Exporters Registration Circular No. 1/2014

Customs Facilitation Measures for Wine Entering the Mainland through Hong Kong:
Registration Arrangement for Hong Kong Registered Wine Exporters

To consolidate Hong Kong's position as a wine trading and distribution hub in Asia, the Customs and Excise Department (C&ED) of Hong Kong and the General Administration of Customs (GAC) of the Mainland signed on 9 February 2010 the "Cooperation Agreement on Customs Facilitation Measures for Wine Entering the Mainland through Hong Kong" (hereinafter referred to as the "Customs Facilitation Agreement") to expedite customs clearance of wine imported into the Mainland through the Hong Kong Special Administrative Region (HKSAR).  The two sides also signed a Supplement to the "Customs Facilitation Agreement" on 18 September 2014, removing one of the requirements of the "three designations" principle(Note 1) (viz. the wine(Note 2) has to be imported by designated Mainland importers operating with integrity and registered with the Mainland Customs) to further facilitate Hong Kong "Registered Wine Exporters".

2.  The Mainland's customs facilitation measures currently cover designated ports in Shenzhen and Guangzhou.  Latest details of the facilitation measures are at Annex I.

3.  Hong Kong companies interested in making use of the Mainland's customs facilitation measures may submit application to the Trade and Industry Department ("the Department") for registration as a "Registered Wine Exporter".  The registration arrangements under the Customs Facilitation Agreement are voluntary.  Non-registered companies may continue to export wine to the Mainland in accordance with the general procedures of the Mainland Customs.

Registration Conditions

4.  Applicants for registration as a "Registered Wine Exporter" should meet the following conditions:

  1. having carried on a business registered in Hong Kong under the Business Registration Ordinance (Cap. 310) for not less than 6 months; and
  2. having engaged in substantive business operation in wine(Note 3) in Hong Kong for the 6 months prior to the submission of the application.  If the company has been established in Hong Kong for more than 6 months, the reference period for engagement in substantive business operation in wine may be relaxed to 12 months prior to the submission of the application.

 

Application Procedures

5.  Applicants should complete the application form at Annex II and submit it together with the required supporting documents and proof of payment to the Department in person (address: Textiles Trader Registration Office, 2/F, Trade and Industry Department Tower, 700 Nathan Road, Mongkok, Kowloon, Hong Kong).  Where necessary, the Department may request the applicant to provide additional information and supporting documents.  

6.  Where appropriate, C&ED may conduct verification on individual applicants upon receipt of the duly completed application by the Department.  Verification may include validation of the documents submitted as well as inspection of the relevant business and storage premises.  Under normal circumstances, the Department will inform the applicants of the results of their application within 10 clear working days of the receipt of the duly completed application accompanied by all necessary supporting documents.

Registration Certificate and Validity Period

7.  Upon verification by the Department, an applicant who meets the registration conditions will be issued with a Certificate to confirm its Registered Wine Exporter status.  The Certificate will be valid for two years.  The Department will promulgate a Register of Hong Kong Registered Wine Exporters through its departmental website (http://www.tid.gov.hk).

Obligations and Undertakings

8.  A Registered Wine Exporter should undertake:

  1. to operate in compliance with the law, not to provide any forged documents, and to take all reasonable and practicable measures in ensuring that the documents submitted to relevant officers of the HKSAR Government are accurate and correct;
  2. to maintain records of transactions and import/export relating to the wine exported to the Mainland for at least two years, including the sales contracts, invoices and transport documents, etc.;
  3. to agree, under reasonable circumstances, to provide relevant officers of the HKSAR Government with the information relating to the application and item (ii) above and to give consent that the HKSAR Government may disclose the relevant information to the Mainland Customs.  Such information will only be used for purposes relating to the Customs Facilitation Agreement and the Registration Arrangement for Hong Kong Registered Wine Exporters; and
  4. to permit relevant officers of the HKSAR Government, under reasonable circumstances, to enter its business and storage premises for the purpose of inspection and verification of information relating to the application and item (ii) above.

9.  If a Registered Wine Exporter breaches any of the above undertakings and cannot provide reasonable explanations in writing, the Department may cancel its registration and revoke the Certificate(s) issued.  The Department will also remove it from the Register and inform the Mainland Customs.

Renewal Arrangement

10.  Existing Registered Wine Exporters remaining in conformity with the registration conditions in paragraph 4 above(Note 4) and willing to continue abide by the undertakings of the registration in paragraph 8 above may apply for renewal of registration around the time their registration expires.  Approved applicant will be issued with a new Certificate valid for two years.(Note 5)

11.  Interested companies should complete the renewal application form at Annex III and submit it together with the required supporting documents and proof of payment to the Department in person (address: Textiles Trader Registration Office, 2/F, Trade and Industry Department Tower) within two months prior to and two months after the expiry of the original validity period of the registration.  Applications submitted later than two months after the expiry of the original validity period of the registration will be taken as new applications.

12.  Similar to the applications for new registration, C&ED may conduct verification on individual applicants for renewal where appropriate upon receipt of the duly completed application by the Department.  The Department will inform the applicants of the results of their application within 10 clear working days of the receipt of the duly completed application accompanied by all necessary supporting documents. 

13.  To facilitate the trade, the Department will notify individual Registered Wine Exporters before the expiry of their registration and provide them with the renewal application form.  Registered Wine Exporters are reminded to submit their renewal application in good time to ensure that they may continue to make use of the Mainland's customs facilitation measures without interruption(Note 6).

Application Fee and Payment Procedures

14.  The application fee for new registration as a Registered Wine Exporter is HK$495.  The fee for renewal application is HK$210.

15.  Applicants should complete the respective Fee Demand Note (Annex IV for new application and Annex V for renewal application) and pay in person at the Collection and Form Sales Office of the Department (address: Room 104, 1/F, Trade and Industry Department Tower).  The fee may be paid by cheque, in cash, or through the Easy Pay System (EPS).  For payment by cheque, the cheque should be made payable to "The Government of the Hong Kong Special Administrative Region" and crossed.  Applicants should also ensure that the cheques bear the correct amount and can be drawn upon the relevant accounts.  After payment, the Collection and Form Sales Office will imprint a payment franking on Part A of the Fee Demand Note and return the franked slip to the applicants as a proof of payment.

16.    Applicants are advised to approach the Textiles Trader Registration Office (address: 2/F, Trade and Industry Department Tower) with the duly completed application form and the necessary supporting documents for a preliminary verification of the application before payment.  The application fees paid shall not be refunded irrespective of whether the application is approved or not.

Review

17.  The HKSAR Government will continue to liaise with the Mainland authorities on customs facilitation measures for wine entering the Mainland through Hong Kong, including joint assessment with the Mainland Customs on the customs facilitation arrangements and enhancement of relevant procedures and measures, and consultation for further extension of the facilitation measures to other ports.  The Department will timely review the Registration Arrangement for Hong Kong Registered Wine Exporters and the implementation details in light of the latest development of the customs facilitation arrangements, and will inform the trade of any revision as soon as available.

Enquiry

18.  For any questions, please contact us at:

Tel : 3403 6426
Fax : 2309 7744
E-mail : enquiry@tid.gov.hk


or visit the Department's website (http://www.tid.gov.hk/english/import_export/nontextiles/wine/index.html).
 

Yours faithfully,




(Ms. Sophie WONG)
for Director-General of Trade and Industry
 

Note1 : The "three designations" principle means that the Customs Facilitation Agreement applies to wine exported by designated Hong Kong exporters operating with integrity and registered with the Trade and Industry Department of Hong Kong, and imported by designated Mainland importers operating with integrity and registered with the Mainland Customs through designated ports in the Mainland.

Note 2 : Wine refers to products classified under four-digit tariff items 22.04 and 22.05 of the Mainland's Import Customs Tariffs.

Note 3 : Substantive business operation in wine covers import and export trade, wholesale, retail, logistics and transport, storage and other supporting operation in wine.

Note 4 : The applicant should carry on a business registered in Hong Kong under the Business Registration Ordinance (Cap. 310) and have engaged in substantive business operation in wine in Hong Kong for the 12 months prior to the expiry date of the original certificate.

Note 5 : Approved applicant for renewal of registration will be issued with a new Certificate valid for two years from the expiry date of the existing registration if the renewal application is submitted within two months prior to and the processing of the application is completed before expiry of the existing registration.   Other renewed registrations will be valid for two years from the date of approval of the renewal.

Note 6 : Registered Wine Exporters might be temporarily removed from the Register maintained by the Department when their existing Registered Wine Exporter status expires while their renewal application is being processed.