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Compilation of lmport Export Policies of 2024 August
发布日期:2024-09-29

Import and Export Trade Data

In August 2024, Chinas total import and export value was 526.27 billion US dollars, an increase of 1.9% compared to July this year and 5.2% compared to August last year; In terms of exports, the export amount in August was 308.65 billion US dollars, an increase of 2.7% compared to July this year and a year-on-year increase of 8.7% compared to August last year; In terms of imports, the import amount in August was 217.63 billion US dollars, an increase of 0.9% compared to July this year and 0.5% compared to August last year. The trade surplus of goods was 91.02 billion US dollars, with a cumulative total of 608.5 billion US dollars from January to July.


In August 2024, Chinas imports of mechanical and electrical products amounted to 6135.2 billion yuan (exports of 1308.94 billion yuan), and the cumulative imports of mechanical and electrical products from January to August amounted to 449.123 billion yuan (exports of 9718.66 billion yuan), an increase of 10.4% (export growth of 8.8%) compared to the same period last year; Among them, in August, the import of integrated circuits was 49.81 billion (export 26.63 billion), with an import amount of 235.82 billion yuan (export 95.18 billion yuan). From January to August, the import was 1742.76 billion yuan (export 736.04 billion yuan), an increase of 14.8% (export increase of 10.5%) compared to the same period last year. In August, the import of medical devices was 7.66 billion yuan (export 12.19 billion yuan), and the import from January to August was 59.15 billion yuan (export 89.12 billion yuan), a decrease of 7.9% compared to the same period last year (export growth of 7.9%)


1. Announcement of the General Administration of Customs No. 104 of 2024 (Announcement on the Classification Decision of "LCD Panel (with GOA Circuit)" Commodity)

http://gdfs.customs.gov.cn/customs/302249/302266/302267/6048466/index.html

Issuance Date: April 17, 2023

Effective Date: June 1, 2023

In order to facilitate the correct declaration of commodity classification by consignees and their agents for import and export goods, and ensure the uniformity of customs commodity classification, in accordance with the relevant provisions of the "Regulations on the Administration of Commodity Classification of Import and Export Goods of the Peoples Republic of China" (General Administration of Customs Order No. 252), the General Administration of Customs has formulated the "LCD Panel (with GOA Circuit)" commodity classification decision (see attachment), which is now announced.

This announcement shall come into effect from the date of its publication. Please refer to the attached announcement for details.


2. Announcement No. 110 of 2024 by the General Administration of Customs (Announcement on the Requirements for Submitting Documents for Third Party Transport of Goods under Simplified Preferential Trade Arrangements)

http://gdfs.customs.gov.cn/customs/302249/302266/302267/6061968/index.html

Issuance Date: August 23, 2024

Effective Date: August 23, 2024

In order to implement various preferential trade arrangements such as the Regional Comprehensive Economic Partnership (RCEP) with high quality, the General Administration of Customs has decided to further simplify the submission requirements for preferential documents for originating goods transported from exporting countries (regions) through third-party countries (regions) into the country. The announcement is as follows:

1 If the consignee or agent of imported goods (hereinafter referred to as the importer) submits one of the following documents to the customs when declaring the applicable agreement tax rate or preferential tax rate, there is no need to submit a certificate of unprocessed goods issued by a third-party country (region) passing through:

1 A single transport document issued by the carrier stating that the origin is within the territory of the exporting country (region) and the destination is within the territory of China. Among them, sea freight imported goods originating from inland countries (regions) can originate from their sea freight origin.

2 A document proving that the container number and seal number have not changed during the transportation of goods transported by containers throughout the entire process.

2 For goods transported by international railway intermodal trains, if the importer submits an international cargo agreement or international freight forwarder waybill, there is no need to submit a certificate of unprocessed goods issued by countries (regions) passing through other than the origin and destination.

3 If the importer submits a third-party country (region) customs supervision document to prove that the relevant goods are in transit, transferred, or through that country (region), there is no need to submit a certificate of unprocessed goods issued by that country (region).

4 For goods transiting through Hong Kong or Macau, importers can submit a "Transit Confirmation Letter" issued by Hong Kong Customs, China Inspection (Hong Kong) Limited, or Macau Customs as proof of non reprocessing, and fill in the "Transit Confirmation Letter" and its number in the "Mark and Remarks" column of the customs declaration form during import declaration, without the need to upload the "Transit Confirmation Letter" electronically.

This announcement shall come into effect from the date of its publication. Announcement No. 57 of 2015, No. 52 of 2016, and No. 26 of 2017 of the General Administration of Customs are simultaneously abolished.


3. Announcement No. 33 of 2024 by the Ministry of Commerce and the General Administration of Customs on the Implementation of Export Control on Antimony and Other Items

https://www.mofcom.gov.cn/zcfb/blgg/art/2024/art_5950e2fd241c4ca38259a5a3a0174ecb.html

Issuance Date: August 13, 2024

Effective Date: September 15, 2024

According to the relevant provisions of the Export Control Law of the Peoples Republic of China, the Foreign Trade Law of the Peoples Republic of China, and the Customs Law of the Peoples Republic of China, in order to safeguard national security and interests, fulfill international obligations such as non-proliferation, and with the approval of the State Council, it is decided to implement export controls on the following items. The relevant matters are hereby announced as follows:

1 Items that meet the following characteristics shall not be exported without permission:

1 Antimony related items.

1. Antimony ore and raw materials, including but not limited to block, particle, powder, crystal and other forms. (Reference customs commodity codes: 2617101000, 2617109001, 2617109090, 2830902000)

2. Metal antimony and its products, including but not limited to ingots, blocks, beads, particles, powders, and other forms. (Reference customs commodity codes: 8110101000, 8110102000, 8110200000, 8110900000)

3. Antimony oxide, with a purity greater than or equal to 99.99%, including but not limited to powder form. (Reference Customs commodity number: 2825800010)

4. Trimethyl antimony, triethyl antimony, and other organic antimony compounds with a purity (inorganic element basis) greater than 99.999%. (Reference Customs commodity number: 2931900032)

5. Antimony hydrides with a purity greater than 99.999% (containing antimony hydrides diluted in inert gas or hydrogen). (Reference Customs commodity number: 2850009020)

6. Indium antimonide has all the following characteristics: single crystals with dislocation density less than 50 per square centimeter, and polycrystals with purity greater than 99.99999%, including but not limited to ingots (rods), blocks, sheets, target materials, particles, powders, and fragments. (Reference Customs commodity number: 2853909031)

7. Gold antimony smelting and separation technology.

2 Items related to superhard materials.

1. The six sided top press equipment has all the following characteristics: a specially designed or manufactured X/Y/Z three-axis six sided synchronous pressurized large hydraulic press with a cylinder diameter size greater than or equal to 500 millimeters or designed to use a pressure greater than or equal to 5 gigapascals. (Reference Customs commodity number: 8479899956)

2. Key components for the six sided top press machine, including hinge beams, top hammers, and high-pressure control systems with a combined pressure greater than 5 gigapascals. (Reference customs commodity codes: 8479909020, 9032899094)

3. Microwave plasma chemical vapor deposition (MPCVD) equipment, with all the following characteristics: specially designed or manufactured MPCVD equipment, microwave power above 10 kW, and microwave frequency of 915 MHz or 2450 MHz. (Reference Customs commodity number: 8479899957)

4. Diamond window materials, including curved diamond window materials, or flat diamond window materials with all of the following characteristics: (1) single crystal or polycrystalline with a diameter of 3 inches or more; (2) Visible light transmittance of 65% or higher. (Reference Customs commodity number: 7104911010)

5. Process technology for synthesizing synthetic diamond single crystals or cubic boron nitride single crystals using a six sided top press machine.

6. Technology for manufacturing six sided top press equipment for already listed pipes.

2 Export operators should handle export license procedures in accordance with relevant regulations, submit an application to the Ministry of Commerce through the provincial commerce department, fill out the dual-use items and technology export application form, and submit the following documents:

1 Original copies or scanned copies of export contracts or agreements that are consistent with the original;

2 Technical specifications or testing reports for the intended export items;

3 End user and end use proof;

4Introduction to importers and end-users;

5 The identification documents of the applicants legal representative, main business manager, and handler.

3 The Ministry of Commerce shall conduct an examination from the date of receiving the export application documents, or jointly conduct an examination with relevant departments, and make a decision on whether to grant or deny the license within the statutory time limit.

The export of items listed in this announcement that have a significant impact on national security shall be reported to the State Council for approval by the Ministry of Commerce in conjunction with relevant departments.

4 After examination and approval, the Ministry of Commerce shall issue a dual-use item and technology export license (hereinafter referred to as the export license).

5 The procedures for applying for and issuing export licenses, handling special circumstances, and the retention period of document materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs (Measures for the Administration of Import and Export Licenses for Dual Use Items and Technologies).

6 Export operators shall issue export licenses to the customs, handle customs procedures in accordance with the provisions of the Customs Law of the Peoples Republic of China, and accept customs supervision. Customs shall handle the inspection and release procedures with the export license issued by the Ministry of Commerce.

7 Export operators who export without permission, export beyond the scope of permission, or engage in other illegal activities shall be subject to administrative penalties by the Ministry of Commerce or customs departments in accordance with relevant laws and regulations. Those who commit crimes shall be held criminally responsible in accordance with the law.

8 This announcement will be officially implemented from September 15, 2024.


4. Announcement on the inclusion of 4- (N-phenylamino) piperidine, 1-tert-butoxycarbonyl-4- (N-phenylamino) piperidine, N-phenyl-N - (4-piperidinyl) propanamide, cannabidiol, 2-methyl-3-phenylglycidyl acid and its esters, 3-oxo-2-phenylbutyric acid and its esters, 2-methyl-3- [[][[]]3,4-methylenedioxy) phenyl] glycidyl esters in the management of precursor chemicals

https://www.mps.gov.cn/n6557558/c9690580/content.html

Issuance Date: August 2, 2024

Effective Date: September 1, 2024

Approved by the State Council, 7 substances including 4- (N-phenylamino) piperidine, 1-tert-butoxycarbonyl-4- (N-phenylamino) piperidine, N-phenyl-N - (4-piperidinyl) propanamide, cannabidiol, 2-methyl-3-phenylglycidyl acid and its esters, 3-oxo-2-phenylbutyric acid and its esters, and 2-methyl-3- [[][[]]3,4-methylenedioxy) phenyl] glycidyl acid esters are listed in the "Classification and Variety Catalogue of Precursor Chemicals" in the appendix of the "Regulations on the Management of Precursor Chemicals" (hereinafter referred to as the "Regulations"). The relevant management matters are hereby announced as follows:

1Management of 4- (N-phenylamino) piperidine, 1-tert-butoxycarbonyl-4- (N-phenylamino) piperidine, and N-phenyl-N - (4-piperidinyl) propanamide

4- (N-phenylamino) piperidine, abbreviated as 4-AP, has a Chemical Abstracts Service (CAS) number of 23056-29-3 and a customs code of 2933399073; 1-tert-butoxycarbonyl-4- (N-phenylamino) pyridine, abbreviated as 1-boc-4-AP, CAS number 125541-22-2, customs code 2933399073; N-phenyl-N - (4-piperidinyl) propanamide, also known as Norfentanyl or commonly known as phenethyl fentanyl, has a CAS number of 1609-66-1 and a customs code of 2933399073. The production, operation, purchase, transportation, and import/export activities of the three substances mentioned above shall comply with the relevant provisions of non pharmaceutical precursor chemicals in accordance with the management of Class II precursor chemicals in the Annex of the Regulations.

2 Management of Cannabidiol

Cannabidiol, also known as CBD, has a CAS number of 13956-29-1 and a customs code of 2907299020. This substance is managed in accordance with the second category of precursor chemicals in the appendix of the Regulations, and its production, operation, purchase, transportation, and import and export activities are subject to relevant regulations for non pharmaceutical precursor chemicals. The preclinical study of cannabidiol for medical purposes should also comply with Article 10 of the Regulations on the Administration of Anesthetic Drugs and Psychotropic Substances.

3 Management of 2-methyl-3-phenylglycidyl acid and its esters, 3-oxo-2-phenylbutyric acid and its esters, and 2-methyl-3- [[][[]]3,4-(methylenedioxy) phenyl] glycidyl esters

2-methyl-3-phenylglycidic acid, also known as BMK glycidic acid in English, with CAS number 25547-51-7 and customs code 2918990042; 2-methyl-3-phenyl glycidyl ester substances refer to ester substances formed by the reaction of 2-methyl-3-phenyl glycidyl acid with various alcohols. The English name is BMK glycidic acid esters, and the customs code is 2918990042.

3-Oxo-2-phenylbutanoic acid, English name 3-oxo-2-phenylbutanoic acid, CAS number 4433-88-9, customs code 2918300021; 3-Oxo-2-phenylbutanoic acid esters refer to esters formed by the reaction of 3-Oxo-2-phenylbutanoic acid with various alcohols. The English name is 3-Oxo-2-phenylbutanoic acid esters, and the customs code is 2918300021. 3-Oxo-2-phenylbutyric acid methyl ester (CAS number 16648-44-5), which has been included in the Classification and Variety Catalogue of Precursor Chemicals, is controlled according to the original catalogue.

2-methyl-3- [[][[]]3,4-(methylenedioxy) phenyl] glycidyl ester substances refer to ester substances generated by the reaction of 2-methyl-3- [[][[]]3,4-(methylenedioxy) phenyl] glycidyl acid (a type II precursor chemical) with various alcohols. The English name is PMK glycidic acid esters, and the customs code is 2932999093. 2-methyl-3- [[][[]]3,4-(methylenedioxy) phenyl] glycidyl methyl ester (CAS number 13605-48-6), which has been included in the Classification and Variety Catalogue of Precursor Chemicals, is controlled according to the original catalogue.

The production, operation, purchase, transportation, and import/export activities of the three substances mentioned above shall comply with the relevant provisions of non pharmaceutical precursor chemicals in accordance with the management of Class II precursor chemicals in the Annex of the Regulations.

This announcement shall come into effect on September 1, 2024.


5.  Announcement No. 111 of 2024 by the General Administration of Customs (Regarding the Announcement of the Peoples Republic of China Customs on the Management Measures for the Origin of Import and Export Goods under the Arrangement between the Government of the Peoples Republic of China and the Government of the Republic of Honduras on Early Harvest of Free Trade Agreements)

http://gdfs.customs.gov.cn/customs/302249/2480148/6065467/index.html

Issuance Date: August 19, 2024

Effective Date: September 1, 2024

The General Administration of Customs of the Peoples Republic of China has formulated the "Measures for the Administration of Origin of Import and Export Goods under the Arrangement between the Government of the Peoples Republic of China and the Government of the Republic of Honduras on Early Harvest of Free Trade Agreements", which is now announced.

If the consignee or its agent of imported goods applies to enjoy the tax rate under the "Arrangement between the Government of the Peoples Republic of China and the Government of the Republic of Honduras on Early Harvest of Free Trade Agreements" (hereinafter referred to as "Early Harvest") when importing goods, they shall fill out the "Customs Declaration Form of the Peoples Republic of China for Imported Goods under Preferential Trade Agreements that have not yet achieved electronic information exchange of origin" and submit the origin documents in accordance with the relevant requirements of the General Administration of Customs Announcement No. 34 of 2021 (Announcement on the Filling Norms and Declaration Matters for the Origin Column of Import and Export Goods under Preferential Trade Agreements); When filling in the "Preferential Trade Agreement Benefits" column of the product item, the "Preferential Trade Agreement Code" column should be filled in with the code "27".

The certificate of origin under the "Early Harvest" category is a self printable certificate.

Policy interpretation

1 The Early Harvest arrangement of the China Honduras Free Trade Agreement will be implemented on September 1st

The Arrangement between the Government of the Peoples Republic of China and the Government of the Republic of Honduras on Early Harvest of the Free Trade Agreement (hereinafter referred to as the "Early Harvest") will come into effect on September 1, 2024. The implementation of the Early Harvest policy is beneficial for enterprises from both countries to enjoy the fruits of free trade cooperation as soon as possible, accelerate the negotiation process of the China Hong Kong Free Trade Agreement, and further deepen and solidify the economic and trade relations between China and Hong Kong.

2 Rules of Origin Ensure the Successful Implementation of Early Harvest

In order to ensure the smooth implementation of the "Early Harvest" policy, the General Administration of Customs has issued Announcement No. 111 of 2024, announcing the relevant management measures for the origin of imported and exported goods.

1 Origin goods.

Goods that meet the requirements of the "Early Harvest" origin management measures may apply for the application of agreed tariff rates, including goods that are fully obtained or produced in China or Honduras; Goods produced using only original materials in China or Honduras.

2 Direct transportation rules.

Early Harvest: Original goods must meet the direct transportation regulations between both parties in order to enjoy tariff reductions. For goods transported through one or more countries and regions outside of China and Honduras, if they meet the specific requirements stipulated in the "Early Harvest" regulations, they can be considered as direct transportation between China and Honduras.

3 Certificate of Origin.

The certificate of origin under the "Early Harvest" item shall be issued before or during the shipment of goods, and shall be valid for one year from the date of issuance by the exporter. If the certificate of origin is not issued before or during the shipment of goods due to force majeure, unintentional errors, negligence, or other reasonable reasons, the certificate of origin can be reissued within one year from the date of shipment, and the reissued certificate of origin is valid for one year from the date of shipment.

The certificate of origin for Early Harvest can be self printed, and enterprises can use the single window for international trade https://www.singlewindow.cn Or "Internet plus+Customs" integrated online service platform http://online.customs.gov.cn Print the certificate of origin approved by customs on your own.

4 Certificate application.

The shipper and its agents of exported goods, as well as domestic producers and their agents, may apply to the Chinese visa agency for the issuance of a certificate of origin. Directly affiliated customs, subordinate customs, China Council for the Promotion of International Trade and its local branches are Chinas visa agencies.

The shipper and manufacturer of exported goods applying for a certificate of origin shall keep a record of documents that can fully prove the qualification of the origin of the goods within 3 years from the date of issuance of the certificate of origin.

5 Import declaration.

If the consignee or its agent of imported goods applies to enjoy the agreed tax rate under the "Early Harvest" at the time of import, they shall declare in accordance with the Announcement of the General Administration of Customs No. 34 of 2021. When filling in the "Preferential Trade Agreement Enjoyment" column of the customs declaration form, the "Preferential Trade Agreement Code" column should be filled in with the code "27". At the same time, submit valid certificates of origin, commercial invoices, and full transportation documents. If goods are transported to China through other countries or regions, proof documents issued by the customs of other countries or regions or other proof documents recognized by the customs should be submitted.

The consignee of imported goods subject to the agreed tariff rate under the "Early Harvest" shall, within 3 years from the date of completion of customs procedures, keep documentary records that can fully prove the origin qualification of the goods.

Tip: Import and export enterprises can browse the entire content of the announcement on the website of the General Administration of Customs to further understand relevant regulations. They can also consult local customs or call the 12360 hotline.


6. Announcement No. 32 of 2024 by the Ministry of Commerce on the Final Review of Anti dumping Measures Applicable to Imported Halogenated Butyl Rubber Originating from the United States, European Union, United Kingdom, and Singapore

https://www.mofcom.gov.cn/zcfb/blgg/art/2024/art_33352bb183c0479bab0895b9827a8131.html

Issuance Date: August 19, 2024

Effective Date: August 20, 2024

On August 10, 2018, the Ministry of Commerce issued Announcement No. 40 of 2018, deciding to impose anti-dumping duties on imported halogenated butyl rubber originating from the United States, the European Union, and Singapore from August 20, 2018. The anti-dumping tax rates are 75.5% for US companies, 27.4% -71.9% for EU companies, and 23.1% -45.2% for Singaporean companies, with an implementation period of 5 years.

On November 19, 2019, the Ministry of Commerce issued Announcement No. 52 of 2019, deciding to conduct a review of the anti-dumping measures and dumping margin period applicable to imported halogenated butyl rubber produced by ExxonMobil and ExxonMobil Chemical Co., Ltd. On November 19, 2020, at the request of relevant stakeholders, the Ministry of Commerce issued a notice terminating the re examination investigation during that period.

On January 29, 2021, the Ministry of Commerce issued Announcement No. 3 of 2021. According to the announcement, after the end of the Brexit transition period on December 31, 2020, the trade remedy measures previously implemented against the EU will continue to apply to both the EU and the UK, with no change in the implementation period; After this date, the UK will no longer be treated as an EU member state for trade remedy investigations and reviews initiated by the EU.

On August 16, 2023, in response to the application of Chinas halogenated butyl rubber industry, the Ministry of Commerce issued Announcement No. 31 of 2023, deciding to conduct a final review and investigation of the anti-dumping measures applicable to imported halogenated butyl rubber originating from the United States, the European Union, the United Kingdom, and Singapore from August 20, 2023.

The Ministry of Commerce has conducted an investigation into the possibility of continued or repeated dumping of imported halogenated butyl rubber originating from the United States, the European Union, the United Kingdom, and Singapore, as well as the possibility of continued or repeated damage to Chinas halogenated butyl rubber industry, if anti-dumping measures are terminated. A review ruling has been made in accordance with Article 48 of the Anti Dumping Regulations of the Peoples Republic of China (hereinafter referred to as the "Anti Dumping Regulations") (see attachment). The relevant matters are hereby announced as follows:

1 Review ruling

The Ministry of Commerce has ruled that if the anti-dumping measures are terminated, the dumping of imported halogenated butyl rubber originating from the United States, the European Union, the United Kingdom, and Singapore into China may continue or recur, and the damage caused to Chinas halogenated butyl rubber industry may continue or recur.

2 Anti dumping measures

According to Article 50 of the Anti Dumping Regulations, the Ministry of Commerce has made a recommendation to the State Council Tariff Commission to continue implementing anti-dumping measures based on the investigation results. The State Council Tariff Commission has made a decision based on the recommendation of the Ministry of Commerce to continue imposing anti-dumping duties on imported halogenated butyl rubber originating from the United States, the European Union, the United Kingdom, and Singapore from August 20, 2024, for a period of 5 years.

The scope of products subject to anti-dumping duties is the products to which the original anti-dumping measures apply, which is consistent with the product scope in Announcement No. 40 of the Ministry of Commerce in 2018. Specifically, as follows:

Chinese name: Halogenated butyl rubber (referred to as halogenated butyl rubber in the Import and Export Tariff of the Peoples Republic of China).

English name: Halogenated Butyl Rubber, Bromobutyl Rubber

Main molecular structural formula:


X is Br or Cl

Physical and chemical properties: Halogenated butyl rubber is the product of the reaction between butyl rubber and halogenating agents, and is an improved version of ordinary butyl rubber. Halogenation reactions include chlorination and bromination, therefore, halogenated butyl rubber can be divided into two categories: chlorinated butyl rubber and brominated butyl rubber. Halogenated butyl rubber products come in the form of white to light amber colored rubber blocks. Halogenated butyl rubber has the characteristics of fast vulcanization rate, good compatibility with other unsaturated rubbers, high self adhesiveness and mutual adhesiveness.

Main uses: Halogenated butyl rubber is mainly used for tubeless airtight layers, heat-resistant inner tubes, heat-resistant hoses and conveyor belts, pharmaceutical bottle stoppers, shock pads, adhesives, and sealing materials.

This product is classified under the Import and Export Tariff of the Peoples Republic of China: 40023910 and 40023990.

The tax rate for continuing to impose anti-dumping duties is the same as the provisions of Announcement No. 40 of the Ministry of Commerce in 2018. The anti-dumping duty rates levied on each company are as follows:

American company:

1. ExxonMobil 75.5%

Exxon Mobil Corporation

2. Other American companies 75.5%

EU companies:

1. Alang Xinke Belgium Ltd. 27.4%

ARLANXEO Belgium NV

2. Other EU companies 71.9%

British company:

1. ExxonMobil Chemical Co., Ltd. 71.9%

ExxonMobil Chemical Limited

2. Other UK companies 71.9%

Singapore company:

1. Alang Singapore Private Limited 23.1%

ARLANXEO SINGAPORE PTE.LTD.

2. Other Singaporean companies 45.2%

3 Methods of levying anti-dumping duties

Starting from August 20, 2024, import operators shall pay corresponding anti-dumping duties to the Customs of the Peoples Republic of China when importing halogenated butyl rubber originating from the United States, the European Union, the United Kingdom, and Singapore. The anti-dumping duty is levied based on the customs approved dutiable value, calculated by the formula: anti-dumping duty=customs dutiable value x anti-dumping duty rate. The value-added tax in the import process is levied based on the customs approved dutiable price plus tariffs and anti-dumping duties as the taxable price.

4 Administrative reconsideration and administrative litigation

According to Article 53 of the Anti Dumping Regulations, those who are dissatisfied with this review decision may apply for administrative reconsideration in accordance with the law, or file a lawsuit with the peoples court in accordance with the law.

5 This announcement shall come into effect from August 20, 2024


7. Notice from the Ministry of Finance, National Health Commission, General Administration of Customs, State Administration of Taxation, and National Medical Products Administration on the "Zero Tariff" Policy for Drugs and Medical Devices at Hainan Free Trade Port

https://fgk.chinatax.gov.cn/zcfgk/c102416/c5234325/content.html

Issuance Date: September 5, 2024

Effective Date: September 5, 2024

Hainan Provincial Peoples Government, Haikou Customs, State Administration of Taxation, Hainan Provincial Taxation Bureau:

In order to support the construction of Hainan Free Trade Port, continuously expand the scope of "zero tariff" goods, and increase the pressure testing of customs operation, with the approval of the State Council, the "zero tariff" policy for drugs and medical devices in Hainan Free Trade Port is hereby notified as follows:

1 Before the island wide customs operation, medical institutions, medical education institutions, and pharmaceutical research institutes (hereinafter referred to as relevant units) registered and recognized as independent legal persons in the Boao Lecheng International Medical Tourism Pilot Zone (hereinafter referred to as the Pilot Zone) in Hainan, who import drugs and medical devices specified in Article 3 of this notice and use them in accordance with this policy, are exempt from import tariffs and import value-added tax.

Units that meet the policy conditions for importing drugs and medical devices and voluntarily pay import value-added tax may apply for tax reduction or exemption when handling the procedures.

2 The list of relevant units that meet the conditions for enjoying policies shall be determined and dynamically adjusted by the Administration of the Pilot Zone in conjunction with the health, drug supervision and management, education, science and technology, finance departments of Hainan Province, as well as Haikou Customs, Hainan Provincial Taxation Bureau of the State Administration of Taxation, etc., and notified to Haikou Customs and Hainan Provincial Taxation Bureau of the State Administration of Taxation.

3 The drugs and medical devices (hereinafter referred to as duty-free drugs and medical devices) that are exempt from import tariffs and import value-added tax under this notice include:

1 Imported drugs and medical devices that have been approved and registered in China;

2 According to relevant regulations of the State Council, drugs (excluding vaccines) and medical devices (hereinafter referred to as licensed drugs and medical devices) that have not yet been approved for registration in China but have been approved by the Peoples Government of Hainan Province for import and use in the pilot zone.

4 Before importing tax-free drugs and medical devices, the relevant units shall verify the registration certificate or relevant approval documents of each batch of imported drugs and medical devices with the Hainan Provincial Drug Supervision and Administration Department, confirm that the imported goods of the relevant units fall within the scope of policy regulations, and notify the customs and tax departments where the relevant units are located.

When relevant units apply for tax reduction and exemption procedures from the customs in the location of the pilot zone, the pilot zone management bureau should refer to the current management mode of licensed drugs and medical devices, manage the drugs and medical devices applying for tax exemption, and timely upload relevant information to the pilot zone licensed drug and medical device traceability management platform to supervise the entire process of duty-free drugs and medical devices.

5 Medical education institutions and pharmaceutical research institutes that meet the policy conditions are only allowed to import duty-free drugs and medical devices for personal use within the pilot zone.

6 Medical institutions that meet the conditions for enjoying policies can sell tax-free drugs and medical devices to patients who seek medical treatment on-site with prescriptions (medical orders) issued by their own physicians. The sales volume should meet the needs of diagnosis and treatment as well as the relevant regulations on prescription management. The tax policy shall be implemented in accordance with the relevant provisions of the current domestic tax policy.

Except for the above circumstances, relevant units shall not transfer tax-free drugs and medical devices to individuals.

7 Tax exempt drugs and medical devices imported by relevant units that meet the policy conditions shall be subject to customs supervision in accordance with the law during the period of customs supervision; For duty-free drugs and medical devices sold by medical institutions to patients based on prescriptions (medical orders) issued by their own physicians, customs will no longer supervise them as specific tax exempt goods.

8 The duty-free drugs and medical devices obtained by patients in medical institutions are final products for personal use and cannot be resold. They should be used within the designated area and cannot be taken away or delivered out of the designated area.

9 Units that transfer tax-free drugs and medical devices in accordance with relevant regulations due to objective reasons shall obtain prior approval from the drug supervision and management, health and other departments of Hainan Province. Among them, for tax-free drugs and medical devices within the period of customs supervision, relevant units should pay import tariffs and import value-added tax to the local customs according to regulations based on the confirmation materials of the above-mentioned departments.

If the relevant units violate the provisions of this notice by transferring duty-free drugs and medical devices that are within the customs supervision period, the customs shall handle them according to the regulations.

If a patient violates regulations by reselling or taking tax-free drugs or medical devices out of the designated area, the designated area management bureau shall recover them. If they cannot be recovered, the designated area management bureau shall handle them in accordance with regulations.

The above-mentioned transfer and sale activities shall be subject to domestic value-added tax in accordance with regulations.

10 The Peoples Government of Hainan Province should fulfill its main responsibility, and formulate management measures in consultation with the Ministry of Finance, the General Administration of Customs, the State Administration of Taxation, the National Health Commission, the State Administration for Market Regulation, and other departments to clarify the procedures for determining relevant units that meet the policy conditions, the management requirements for duty-free drugs and medical devices, and the requirements for patients to use them in the pilot zone. It should also clarify the handling standards, punishment methods, and joint disciplinary measures for relevant units illegal use and disposal, as well as patients illegal sales, removal, and delivery of the above-mentioned goods. The management measures will be issued and implemented simultaneously with this notice.

11 Since the implementation of the policy, the Peoples Government of Hainan Province should organize regular comparisons of the import, sales, and use of duty-free drugs and medical devices, and strengthen the management and supervision of the use and disposal of duty-free drugs and medical devices (including prescriptions (medical orders) issued by medical institution physicians) by relevant units that meet the policy conditions. Illegal and irregular behaviors should be promptly investigated and dealt with, and the implementation situation should be reported to the issuing units of this notice every three months, including the basic information of relevant units that meet the policy conditions, the import and sales of duty-free drugs and medical devices by each unit, and tax reduction data.

Relevant departments in Hainan Province should improve the traceability management platform for licensed drugs and medical devices in the pilot zone, upgrade and transform the technical system to meet the management needs of duty-free drugs and medical devices, strengthen information interconnection and sharing of relevant units, patients, duty-free drugs, medical devices and other information that meet the policy conditions, and strengthen supervision and risk prevention and control.

12 The Peoples Government of Hainan Province shall strengthen the supervision and inspection of the implementation of this policy, prevent illegal and irregular behaviors, and promptly report relevant situations to the issuing unit of this notice.

13 For those who violate the provisions of this notice, constitute acts of reselling, purchasing, smuggling duty-free drugs and medical devices, or violate customs supervision regulations, the customs shall handle them in accordance with relevant regulations; According to relevant regulations, patients are not allowed to purchase tax-free drugs or medical devices within three years, as they will be included in their credit records by the pilot zone management bureau. Those who commit crimes shall be held criminally responsible in accordance with the law.

14 Units and physicians who violate regulations by using or disposing of tax-free drugs and medical devices shall be dealt with in accordance with relevant regulations; If the relevant units are held criminally responsible in accordance with the law, this notice shall be suspended, and the preliminary zone management bureau shall notify the Haikou Customs and the Hainan Provincial Taxation Bureau of the list and the starting time of the suspension in writing.

15 This notice is only applicable in the Hainan Boao Lecheng International Medical Tourism Pilot Zone and will be implemented from the date of publication.

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