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Compilation of Export Import Policies of May 2023
发布日期:2023-06-13


Import Trade Statistics


In May 2023, the total value of Chinas imports and exports was US$501.19 billion, up 0.1% YoY compared to April this year and down 6.2% YoY compared to May last year; on the export side, May exports amounted to US$283.50 billion, down 4.0% YoY compared to April this year and down 7.5% YoY compared to May last year; on the import side, May imports amounted to 217.69 billion U.S. dollars, compared with April this year, an increase of 6.1%, compared with May last year, a decrease of 4.5%. The trade surplus in goods was $65.81 billion, with a cumulative total of $359.48 billion from January to May.

May 2023 Chinas imports of electromechanical products 495.23 (exports 11289.9) billion yuan, January to May cumulative imports of electromechanical products 2.4 (exports 5.5) trillion yuan, down 13.0 (exports up 9.5) percent from last year; of which, May imports of integrated circuits 396.4 (exports 213.0) billion, worth 1811.7 ( Exports 675.9) billion yuan, January to May imports of 9050.1 (exports 360.41) billion yuan, down 18.4 (exports decreased by 10.9) percent compared with last year. May imports of medical devices 84.6 (exports 10.30) billion yuan, January to May imports of 390.9 (exports 50.61) billion yuan, up 6.1 (exports increased by 5.5) percent compared with last year. 6.1 (export growth of 5.8) percent.


1.State Administration of Taxation Ministry of Industry and Information Technology on the release of the "vehicle purchase tax exemption of non-transportation special-purpose vehicles with fixed devices catalog" (the ninth batch) announcement


Issuance Date: May 4, 2023

Effective Date: May 4, 2023

In order to thoroughly implement the Opinions on Further Deepening Tax Collection and Administration Reform issued by the General Office of the CPC Central Committee and the General Office of the State Council, and better serve the market players, according to the Announcement of the Ministry of Finance General Administration of Taxation Ministry of Industry and Information Technology on the Policies Relating to the Exemption of Vehicle Purchase Tax for Non-Transportation Specialized Operation Vehicles with Fixed Installations (No. 35 of 2020), the State Administration of Taxation Ministry of Industry and Information Technology on Non-transportation special-purpose operation vehicles with fixtures are exempt from vehicle purchase tax related management matters" (No. 20 of 2020), the relevant provisions of the "vehicle purchase tax exemption of non-transportation special-purpose operation vehicles with fixtures catalog" (the ninth batch, with the "exemption from application for inclusion in the "vehicle purchase tax exemption of non-transportation special-purpose operation vehicles with fixtures catalog" list of vehicle names") are Published.


LINK:

http://www.chinatax.gov.cn/chinatax/n371/c5195775/content.html


Policy Interpretation:

First, vehicle manufacturers, imported vehicle dealers or individuals (hereinafter referred to as the applicant) are required to submit application materials through the Ministry of Industry and Information Technology "vehicle purchase tax exemption for non-transportation special-purpose vehicles with fixed devices management system"; second, the General Administration of Taxation, the Ministry of Industry and Information Technology commissioned the Ministry of Industry and Information Technology Equipment Industry Development Center (hereinafter referred to as the equipment center) on the application materials submitted by the applicant for technical review; Third, the equipment center in accordance with the "technical requirements of non-transportation vehicles with fixed devices" (hereinafter referred to as "technical requirements") to carry out technical review; Fourth, the equipment center will pass the review of the model submitted by the General Administration of Taxation, the Ministry of Industry and Information Technology jointly issued the "directory.

In order to reduce the burden of enterprises and simplify the operation process, a "List of Vehicle Names for Exemption from Application for Inclusion in the Catalogue of Non-Transportation Special Purpose Vehicles Exempted from Vehicle Purchase Tax" (hereinafter referred to as "the List") is attached to the current batch of "Catalogue". All the special vehicles included in the List, the applicant need not apply for inclusion in the Catalogue again, and can directly mark the tax exemption mark when uploading the electronic information of the vehicle.

This batch of "List" is the second release in 2023, cumulatively the ninth batch, involving 413 models from 168 companies. This batch of "List" added 2 new vehicles, respectively, cleaning vehicles and road sweepers, including the current batch of "List" attached to the "Catalog", the "List" covers a total of 71 vehicles.



2.Notice of the State Administration of Foreign Exchange on the Issuance of the Operational Guidelines on Balance of Payments Statistics Declaration through Banks (2023 Edition)


Issuance Date: May 6, 2023

Effective Date: June 1, 2023

In order to further regulate the business of statistical declaration of balance of payments through banks, improve the system of statistical declaration of balance of payments, and facilitate banks and reporting subjects to understand and implement the declaration requirements more accurately, the State Administration of Foreign Exchange has revised and formed the Guidelines on Statistical Declaration of Balance of Payments through Banks (2023 Edition).

This Circular shall come into effect on June 1, 2023. The Notice of the State Administration of Foreign Exchange on the Issuance of (Huifa [[][[]]2019] No. 25) is also repealed.


LINK:

http://www.safe.gov.cn/safe/2023/0506/22669.html


Policy Interpretation:

Based on the contents of the previously released "Implementation Rules for the Business of Statistical Declaration of Balance of Payments through Banks", the 2023 edition of the guidelines has revised the descriptions of the declaration principles, declaration of spot transactions, declaration of centralized collection and payment, QFLP/QDLP, bond pass, panda bond, wealth management pass, declaration of A-share reduction, and declaration of online shopping in the original guidelines.

The scope of indirect declaration includes payments received from and made to foreign countries by domestic residents and domestic non-residents through domestic banks, as well as payments and receipts between domestic residents and domestic non-residents through domestic banks. Among them, except for the management of current and capital projects which have explicit requirements, RMB payments and receipts between domestic residents and institutions through domestic banks and domestic non-resident individuals are not declared for the time being.

Adjustment of the declaration requirements for foreign-related payments and receipts related to trade in goods: improve the name expression of general trade in the customs statistics trade mode and code; amend the original "online shopping not included in customs statistics" to "online shopping" in the classification and code of foreign-related transactions. The corresponding customs codes are 9710 and 9810; for the complete statistics of "online shopping", the customs statistics trade mode codes are 1210, 1239, 9610, 9710 and 9810, and the undeclared trade of goods purchased or sold through domestic or foreign e-commerce platforms and paid for by third-party payment institutions. Trade in goods, should be declared under the "122030 - online shopping", and in the transaction note "cross-border e-commerce overseas platform + platform name" or "cross-border e-commerce domestic platform + platform name ". Whether it is a domestic platform or an overseas platform should be determined according to the registered place of the entity corresponding to the cross-border e-commerce platform.



3.Ministry of Commerce, National Development and Reform Commission Order No. 1 of 2023 "business operators use, report on the management of single-use plastic products


Issuance Date: May 10, 2023

Effective Date: June 20, 2023

Business operators in the field of use, report on the management of single-use plastic products" has been January 31, 2023, the 45th meeting of the Ministry of Commerce Ministry of Commerce deliberated and adopted, and agreed by the Development and Reform Commission, is hereby promulgated, effective June 20, 2023.

In order to thoroughly implement Xi Jinping thought of ecological civilization, and solidly promote the management of plastic pollution in the business sector, according to the "Law of the Peoples Republic of China on the Prevention of Environmental Pollution by Solid Waste", the Ministry of Commerce, Development and Reform Commission jointly developed and recently released the "business sector operators to use, report on the management of disposable plastic products" (hereinafter referred to as "Management Measures").


LINK:

http://tfs.mofcom.gov.cn/article/ba/bh/202305/20230503410088.shtml


Policy Interpretation:

The "management approach" proposed that the state to promote green development, advocate simple and moderate, green and low-carbon lifestyle, encourage the reduction of the use of single-use plastic products, scientific and sound promotion and application of alternative products, and guide the public to actively participate in the treatment of plastic pollution. Commodity retail, e-commerce, catering, accommodation, exhibitions and other business operators should comply with national regulations on the prohibition and restriction of the use of non-degradable plastic bags and other single-use plastic products.

The "management approach" is clear, the retail premises of goods to start units, e-commerce platforms (including take-out platforms) enterprises and take-away enterprises should follow the principles of truth and integrity, regular reporting on the use of single-use plastic products, recycling. At the same time, encourage the reporting body to take the initiative to report the use of alternative products, recycling.

The "Management Approach" requires that the relevant departments of the administrative area of the business sector operators to implement the national ban on non-degradable plastic bags and other single-use plastic products and single-use plastic products to report on the implementation of supervision and management activities.



4.China and Ecuador formally signed a free trade agreement


Issuance Date: May 11,2023

Effective Date: May 11,2023

On May 11, 2023, Minister of Commerce Wang Wentao and Minister of Production, Foreign Trade, Investment and Fisheries Prado of Ecuador officially signed the Free Trade Agreement between the Government of the Peoples Republic of China and the Government of the Republic of Ecuador by video on behalf of their respective governments.

Negotiating and signing the China-Ecuador FTA is an important consensus reached by the leaders of the two countries. The negotiations were launched in February 2022 and announced to be concluded in February 2023 after 1 year of efficient consultations. Through the FTA, China and Ecuador will achieve a high level of mutual opening, create a more favorable, convenient, transparent and stable business environment for enterprises, further stimulate the potential of trade and investment cooperation between the two countries, promote the quality and upgrade of China-Ecuador economic and trade cooperation in all aspects, promote the sustainable, stable and diversified development of bilateral trade, and continuously enhance the welfare of the people and enterprises of both countries.

After the signing of the agreement, the two sides will carry out their respective domestic procedures to promote the early entry into force and implementation of the agreement.


LINK:

http://fta.mofcom.gov.cn/article/chinaecuador/chinaecuadornews/202305/53914_1.html


Policy Interpretation:

The China-Ecuador FTA is the 20th FTA signed by China to the outside world, and Ecuador has become Chinas 27th FTA partner and the fourth FTA partner of China in Latin America after Chile, Peru and Costa Rica. 2022, the bilateral trade volume between China and Ecuador reached USD 13.1 billion, an increase of 19.7% year-on-year, with more than double-digit growth for two consecutive years. China is the second largest trading partner of Ecuador. Ecuador is an important economic and trade partner of China in Latin America and a source of import of agricultural, fishery, energy and mineral products, as well as an important partner in the construction of "One Belt, One Road". The signing of China-Ecuador FTA is a concrete measure to implement "promoting high-level opening up" proposed by the 20th Party Congress, and the latest practice to expand the network of high-standard free trade zones for the whole world.



5.General Administration of Customs Notice No. 49 of 2023 (on the implementation of the Mainland - Macao Customs "certified operator" (AEO) mutual recognition announcement)


Issuance Date: May 11, 2023

Effective Date: June 1, 2023

In February 2023, the General Administration of Customs and Macao Customs formally signed the "Arrangement between the General Administration of Customs and Macao Customs on Mutual Recognition of the Mainland Customs Enterprise Credit Management System and the Macao Customs Accredited Economic Operator Scheme" (hereinafter referred to as the "Mutual Recognition Arrangement"), which was decided to be formally implemented since June 1, 2023. The following announcement is made on related matters:

I. According to the "Mutual Recognition Arrangement", the Mainland and Macao Customs mutually recognize each others customs "Authorized Economic Operator" (AEO) to facilitate customs clearance for goods imported from The Mainland and Macao Customs recognize each others Customs Authorized Economic Operator (AEO) and provide customs clearance facilities for goods imported from the other AEO enterprise. In particular, the Mainland Customs recognizes Macao Customs A-class Authorized Economic Operators as mutually recognized AEO enterprises, and Macao Customs recognizes the Mainland Customs Advanced Certified Enterprises as mutually recognized AEO enterprises.

Second, the Mainland and Macao Customs in the customs clearance of imported goods, each other AEO enterprises to give the following customs clearance facilitation measures: the application of a lower rate of inspection of imported goods; the need for physical inspection of goods to give priority to inspection; designated customs liaison, responsible for communication to deal with the problems encountered by AEO enterprises in customs clearance; in the import and export trade interruption and resumption of priority customs clearance.

Third, when exporting goods to Macao, the mainland AEO enterprises need to inform the Macao importer of the AEO code (AEOCN + the 10-digit enterprise code registered and filed with the mainland customs, e.g. AEOCN1234567890), which will be declared in accordance with the Macao customs regulations, and the Macao customs will confirm the identity of the mainland customs AEO enterprises and grant relevant facilitation measures.

4. When importing goods from Macao AEO enterprises, the mainland enterprises need to fill in the "Overseas Consignor Code" column in the "Overseas Consignor" section of the import declaration form and the "Consignor AEO Code" column in the water and air freight manifest respectively. Code" column of the water and air freight manifest, fill in the AEO enterprise code of Macao. Fill in the following way: "Area Code (MO) + 9 digits", e.g. "MO123456789". The Mainland Customs confirms the identity of the AEO enterprise of Macau and grants the relevant facilitation measures.


LINK:

http://www.customs.gov.cn/customs/302249/302266/302267/5034150/index.html


Policy Interpretation:

This is the third AEO mutual recognition agreement signed by the General Administration of Customs of China this year after the Philippines and Costa Rica, and the number of mutual recognition countries (regions) has increased to 35, ranking first in the world in terms of the number of agreements signed and the number of mutual recognition countries (regions).

After the implementation of AEO mutual recognition between the Mainland and Macao Customs, the goods of AEO enterprises on both sides can enjoy lower inspection rates, priority inspection, designated liaison services, priority customs clearance and other four mutually recognized facilitation measures to help AEO enterprises greatly compress cargo clearance time, minimize the trade costs of enterprises such as ports, insurance, logistics, etc., to further promote trade facilitation between the Mainland and Macao.



6."Single window" new nine customs administrative approval services


Issuance Date: May 12, 2023

Effective Date: May 12, 2023

To continue to optimize the port business environment, to further facilitate enterprises, international trade "single window" added nine new customs administrative approval services. Enterprises can apply for administrative approval through "all applications - standard version of the application", select the business matters that need to be handled.

Nine customs administrative approval services.

1. Approval for the establishment of export supervised warehouses;

2. Approval for the establishment of bonded warehouses;

3. Duty-free store operation permit;

4. Customs supervision of goods storage enterprise registration;

5. Import and export of animal and plant quarantine and pest control units approved;

6. Health permits at border crossings;

7. Exit specific plants and animals and their products and other quarantine production, processing, storage unit registration

8, transit animals, imported specific animals and plants and their products quarantine approval

9, special goods entry and exit health quarantine approval

LINK:

https://mp.weixin.qq.com/s/SVBKR6oxRe509knXU060-w



7.China Marine Police Bureau formulated and issued the "Marine Police Agencies Handling Criminal Cases Procedural Provisions


Issuance Date: May 15, 2023

Effective Date: June 15, 2023

In order to thoroughly implement the Maritime Police Law, ensure that the maritime police agencies perform their criminal investigation powers in accordance with the law, standardize case handling procedures, and improve case handling efficiency, on May 15, 2023, the Chinese Maritime Police Bureau issued Order No. 1, announcing the "Procedural Provisions for Handling Criminal Cases by Maritime Police Agencies". This is the first regulation on maritime rights defense and law enforcement work formulated and issued by the Chinese Maritime Police Bureau under the authority of the Maritime Police Law. The procedural provisions shall come into force on June 15, 2023.


LINK:

https://www.ccg.gov.cn/2023/xxgk_0515/2259.html


Policy Interpretation:

The procedural provisions of a total of 12 chapters and 345 articles, focusing on the main tasks and basic principles of the marine police agencies handling criminal cases, jurisdictional division of labor, recusal system, rules of evidence, the application of criminal coercive measures, the participation of lawyers in criminal proceedings, the acceptance of cases, the filing of cases, the withdrawal of cases, the use of criminal investigation methods, special procedures and collaboration in handling cases.

The procedural provisions clarify the jurisdiction of maritime criminal cases and the coordination and resolution of conflicts of jurisdiction, clarify the applicable conditions, procedures and remedies for recusal, clarify the principles and requirements of maritime police agencies to safeguard the practice of defense lawyers in accordance with the law, stipulate the procedures for defense lawyers to meet and correspond with criminal suspects, safeguard the legitimate rights of defense lawyers to participate in criminal proceedings in accordance with the law, clarify the procedures and requirements of maritime police agencies to collect and retrieve evidence, and implement The rules on the exclusion of illegal evidence.

The procedure specifies that the marine police agencies to take custody, bail, residential surveillance, detention, arrest and other criminal coercive measures applicable objects, conditions and requirements, clarify the review, approval procedures and requirements and relief channels for receiving, filing and withdrawal of cases, and clarify the working principles, general requirements, relief channels and supervision of the marine police agencies to investigate and obtain evidence.



8.General Administration of Customs Order No. 263 "General Administration of Customs on the revision of some of the regulations of the decision


Issuance Date: May 15, 2023

Effective Date: July 1, 2023

To implement the spirit of the 20th Party Congress, to support bonded warehouses, export supervised warehouses, high-quality development, improve the import and export commodity random inspection requirements, the General Administration of Customs decided to General Administration of Customs Order No. 105 "Peoples Republic of Customs on bonded warehouses and the management of goods stored in the regulations", General Administration of Customs Order No. 133 "Peoples Republic of Customs on export supervised warehouses and the management of goods stored in the measures The former General Administration of Quality Supervision, Inspection and Quarantine Order No. 39 "Import and Export Commodity Spot Inspection Management Measures" and other three regulations to amend.

LINK:

http://www.customs.gov.cn/customs/302249/2480148/5043425/index.html



9.EU tariffs will be a major reform, 150 European small goods duty-free clause abolished


Issuance Date: May 17, 2023

Recently, the European Commission officially released a proposal for an overhaul of its customs framework that would introduce a data-driven system, thereby simplifying procedures for traders. This marks the launch of the most ambitious and comprehensive reform of the EU Customs Union since its inception in 1968. In the current tariff system, consumers and carriers effectively carry the bulk of the responsibility for tariffs, which will be largely borne by e-commerce platforms after the reform. The platforms will be responsible for ensuring that the goods have paid the duties and VAT at the time of purchase, rather than making consumers pay additional fees or submit documentation when they receive their packages.

The EU plans to remove the current policy of duty-free imports of goods under 150 euros. The EU says that about 65% of the orders currently entering the EU benefit from this policy by having a deliberate undervaluation of parcels. The EU expects this new and tailor-made system for e-commerce to generate an additional 1 billion euros a year in customs revenue. At the same time, with the intelligence of the tax return process, the calculation of tariffs for low-value goods can be reduced from thousands of possible tariff categories to four, making it easier to calculate tariffs for small parcels, which also facilitates e-commerce platforms and customs to properly manage the one billion e-commerce transactions imported into the EU each year.

In addition, the EU will have a new Directorate General for Customs to oversee the EU Customs Data Center, which will also be at the heart of the new system. Over time, this new data center will replace the existing customs IT infrastructure in each member state and is expected to result in cost savings of €2 billion per year. The benefit for businesses is that they only need to deal with this one platform and only need to submit information once for multiple shipments. With full transparency of certain business processes and supply chains, "trusted traders" will be able to import goods into the EU without any active customs intervention. According to the EUs proposed timetable, the EU Customs Data Center will be online by 2028, when e-commerce imports will be processed through this platform; after 2032, other traders will be able to start using this platform on a voluntary basis.

LINK:

https://ireland.representation.ec.europa.eu/news-and-events/news/eu-customs-reform-data-driven-vision-simpler-smarter-and-safer-customs-union-2023-05-17_en



10.The Ministry of Ecology and Environment, the Ministry of Industry and Information Technology, the Ministry of Commerce, the General Administration of Customs and the General Administration of Market Regulation jointly issued the Announcement on Matters Relating to the Implementation of the National VI Emission Standards for Vehicles


Issuance Date: May 17, 2023

Effective Date: July 1, 2023

In order to implement the "Light-duty Vehicle Pollutant Emission Limits and Measurement Methods (China Stage 6)" (GB 18352.6-2016) and "Heavy-duty Diesel Vehicle Pollutant Emission Limits and Measurement Methods (China Stage 6)" (GB 17691-2018) related requirements, implement policies to help enterprises alleviate difficulties, stabilize and expand automobile Consumption-related policies, is now on the full implementation of the nationwide light-duty vehicles National Sixth Emission Standard Stage 6b and heavy-duty diesel vehicles National Sixth Emission Standard Stage 6b (hereinafter combined referred to as National Sixth Emission Standard Stage 6b) related matters are announced as follows:

First, since July 1, 2023, the full implementation of the national six emission standards stage 6b nationwide, the production, import and sale of vehicles that do not meet the national six emission standards stage 6b is prohibited. Production date to motor vehicle certificate of vehicle manufacturing date shall prevail, and the electronic information of the certificate shall be completed before 0:00 on July 1, 2023 upload; import date to goods import certificate endorsement arrival date shall prevail; sales date to motor vehicle sales invoice date shall prevail.

Second, for some of the actual driving pollutant emissions test (i.e. RDE test) report results for the "monitoring only" and other light vehicles national six b models, to give a six-month sales transition period, allowing sales until December 31, 2023.

Third, automobile production, import enterprises as the environmental protection production consistency management of the responsible subject, should be in accordance with the "Air Pollution Prevention Law of the Peoples Republic of China" and other relevant provisions, in the vehicle factory or before the entry of public model emissions inspection information and pollution control technology information to ensure that the actual production, imported vehicles meet the requirements. Relevant certification bodies shall issue mandatory product certification based on the national six emission standards stage 6b.


LINK:

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/rzjgs/art/2023/art_e52a7ca60947401aa5741f6f5bbc077c.html


Policy Interpretation:

For light-duty vehicles, the main changes between National VI b and National VI a are: the increase in the actual road test cycle (RDE) limit value requirements, National VI a stage RDE (actual driving pollutant emissions test) only monitor and report the results, while National VI b RDE test results need to meet the standard limit value requirements; in addition, the National VI b emission limits are more stringent than National VI a, carbon monoxide, non-methyl The emission limits for CO, NAA, NOx and PM fine particulate matter have been reduced by about 30%-50% compared with those of National 6a.

For heavy-duty vehicles, the main changes compared to National VIb and National VIa stages are the following: i. The requirement of PN limit value for PEMS test; ii. The requirement of sending data from remote emission management vehicle terminal; iii. The requirement of high altitude emission; iv. The relaxation of PEMS test load range from 50%-100% to 10%-100%.



11.The Peoples Bank of China and the State Administration of Foreign Exchange continue to optimize the management policy of cross-border funds centralized operation of multinational companies in local and foreign currencies


Issuance Date: May 19, 2023

Effective Date: May 19, 2023

In order to fully implement the spirit of the 20th Party Congress, accelerate the construction of a new development pattern, enhance the linkage effect of the two domestic and international markets and resources, and better support the development of the headquarters economy, recently, the Peoples Bank of China and the State Administration of Foreign Exchange decided to carry out pilot projects in Beijing, Guangdong and Shenzhen to optimize and upgrade the policy of centralized operation and management of cross-border funds of multinational corporations in domestic and foreign currencies.

The main contents include: First, optimize and integrate the existing policy requirements related to the centralized operation of cross-border funds of multinational companies, benefiting more enterprises; Second, increase the freedom of cross-border fund operation of enterprises, allowing multinational companies to decide on their own the proportion of foreign debt and overseas lending in accordance with macro-prudential principles; Third, support multinational companies to carry out centralized operation of cross-border funds in RMB; Fourth, simplify the filing process and materials related to the use of funds Review.

Next, the Peoples Bank of China and the State Administration of Foreign Exchange will continue to be guided by Xi Jinpings thought of socialism with Chinese characteristics in the new era, continue to deepen the reform and opening up in the field of foreign exchange, further enhance the level of cross-border trade and investment and financing facilitation, and continuously optimize the policies related to the centralized operation and management of cross-border funds of multinational corporations, so as to better serve the high-quality development of the real economy.

LINK:

http://www.safe.gov.cn/safe/2023/0519/22728.html



12.Japan to implement export controls on 23 types of semiconductor manufacturing equipment from July 23


Issuance Date: May 23, 2023

Effective Date: July 23, 2023

Japans Ministry of Economy, Trade and Industry (METI) on May 23 released a document entitled "Outline of Revisions to the Provincial Orders on Revision of Some of the Regulations on Goods or Technologies, etc. in Accordance with the First Schedule of the Export Trade Control Order and the Schedule of the Foreign Exchange Order". In accordance with the Foreign Exchange and Foreign Trade Law (FETL), the Ministry of Foreign Trade has amended the Order on Goods, etc., and formally decided to add 23 items, such as advanced semiconductor manufacturing devices, which have so far been subject to public comment, to the objects of export control restrictions. The amendment will come into effect on July 23, 2023, after a two-month notice period.


LINK:

https://www.meti.go.jp/press/2023/05/20230522001/20230522001.html


Policy Interpretation:

The list released by Japans Ministry of Economy, Trade and Industry covers 23 categories such as cleaning, film formation, heat treatment, exposure, etching and inspection, including manufacturing equipment for extreme ultraviolet (EUV)-related products and etching equipment for three-dimensional stacked memory. Although China and other specific countries and regions are not explicitly listed as subject to regulation, the 23 new items will require separate licenses (i.e., exports to any country or region will need to obtain a separate license), which creates practical difficulties for exports to China and other countries.

China is the largest market for Japanese semiconductor equipment exports, and the trend of Sino-Japanese friction and business shrinkage brought about by the implementation of the new rules is also likely to expand in business areas outside the scope of trade controls. Moreover, after the implementation of the new rules, which will lead to an increasingly visible compartmentalization of the economy, companies will be forced to readjust their strategies, and the hidden concern that the cost of fragmentation will become a burden for growth will intensify.

The relevant companies in China need to make the necessary preparations for their compliance with:

1. Comprehensive sorting and mapping of procurement items

Enterprises should conduct a comprehensive review of procurement items, screen whether the semiconductor equipment purchased from Japan is included in the new list of controlled items under the new regulations, communicate with suppliers in a timely manner to confirm the impact of the new regulations, and classify the impact of different items on the stability of the supply chain. Even if it does not involve the procurement of semiconductor equipment, downstream companies should make adequate judgments on the stability of supply from upstream suppliers.

2. Develop a procurement risk plan

In order to reduce the risk of losing the supply of purchased items, enterprises should take countermeasures for the controlled items listed in the New Regulation based on their own business status, including.

(1) To adjust the scope and quantity of procurement of items before the entry into force of the New Regulation, and to procure items that may be subject to control in advance, so as to mitigate the impact of supply shortage within a period of time after the entry into force of the New Regulation.

(2) for items that may be subject to control, according to the different types of licenses, advance preparation of complete license application materials, in the "new regulations" came into effect, as short as possible to shorten the license review time.

(3) Develop alternative procurement programs for controlled items and seek alternative equipment suppliers globally.

3. Building an export control compliance system

Building an export control compliance system is a necessary tool for companies to effectively address export control risks. The content of the export control compliance system includes the sorting of procurement items, technology and software, the judgment of the risk level of the trading area and counterparty, and the clear definition of the control requirements for production and sales items. After the construction of the compliance system, enterprises can make quick judgment on different types of export control risks and take timely countermeasures.



13.General Administration of Customs Notice No. 53 of 2023 (Announcement on Matters Related to the Implementation of the Regional Comprehensive Economic Partnership Agreement for the Philippines)


Issuance Date: May 24, 2023

Effective Date: June 2, 2023

According to the "Peoples Republic of China Customs (Regional Comprehensive Economic Partnership Agreement) under the management of the origin of imported and exported goods" (General Administration of Customs Order No. 255, hereinafter referred to as the "Measures"), the relevant matters are announced as follows:

In accordance with the relevant provisions of the Regional Comprehensive Economic Partnership Agreement (hereinafter referred to as the "Agreement"), the Agreement will enter into force and be implemented for the Philippines on June 2, 2023. The Philippines is added to the Members referred to in Article II of the Scheme, and the List of Special Goods for Export to the Philippines is added to the List of Special Goods referred to in Article XIV of the Scheme.


LINK:

http://www.customs.gov.cn/customs/302249/2480148/5048288/index.html


Policy Interpretation:

With a population of more than 100 million, the Philippines is the second most populous country in ASEAN, and the RCEP will help create trade, increase investment and employment between China and the Philippines, increase the scale of bilateral trade and two-way investment, and enhance collaboration in the global value chain. Specifically, there will be more potential for cooperation in agriculture, manufacturing and service industries, especially in infrastructure, tourism, agriculture, education and training, and industrial design, all of which are Philippine specialties.

RCEP currently has 15 member countries, which account for about 30% of the global total in terms of population size, economic volume and total trade. According to the agreement, RCEP will take effect for the Philippines from June 2, which marks the full entry into force of RCEP for 15 member countries and the mutual implementation of tariff concessions, and the agreement enters a new phase of full implementation. the full entry into force of RCEP will help expand the scale of trade and investment between China and RCEP member countries, which will not only help meet the needs of Chinas expanding and upgrading domestic consumption, but also consolidate and strengthen the The RCEP region will become the worlds largest market with the greatest growth potential and grow into an important locomotive leading global economic growth and sustainable development.



14.The Tariff Commission of the State Council announced the eleventh exclusion extension list of goods subject to tariff increase against the United States


Issuance Date: May 30, 2023

Effective Date: June 01, 2023

According to the Announcement of the Tariff Commission of the State Council on the Ninth Extension of the Exclusion List of Goods Subject to Tariff Imposition on the United States (Tariff Commission Announcement No. 10 of 2022), the Ninth Extension of the Exclusion List of Goods Subject to Tariff Imposition on the United States will expire on May 31, 2023. The Tariff Commission of the State Council decided, in accordance with the procedures, to extend the exclusion period for the relevant goods. The relevant matters are announced as follows:

From June 1, 2023 to December 31, 2023, the goods listed in the Annex will continue to be free of the tariffs that I have imposed to counteract the U.S. 301 measures.


LINK:

http://gss.mof.gov.cn/gzdt/zhengcefabu/202305/t20230530_3887764.htm



15.Customs commodity code change (effective May 31, 2023)


Issuance Date: May 31, 2023

Effective Date: May 31, 2023

May 31, 2023 China Customs updates a total of 19 items of information related to 3 commodity codes.

The adjustment involves the HS code

★ 3707909000

Of which 3707909000 removes all CIQs in the early morning hours of May 31, 2023.

Adjusted again in the afternoon of the same day, the adjustment consisted of splitting HS code 3707909000 into:

①3707909010 photoresist (after the photoresist specifically listed, similar to the previous medical masks)

②3707909090 Other photographic chemicals, split code corresponding to CIQ code has also been updated simultaneously.

★ 0306169000

★ 0306163000

LINK:

https://mp.weixin.qq.com/s/7rWN_GqApIlq6E-mBSziYg



16.Announcement of the State Administration of Taxation on the Application of the Multilateral Convention on the Implementation of Measures Related to Tax Treaties to Prevent Base Erosion and Profit Shifting to the Bilateral Tax Treaties between China and Bulgaria and Other Countries


Issuance Date: May 31, 2023

As of April 30, 2023, based on the completion of the procedures for the entry into force of the Multilateral Convention on the Implementation of Measures Related to Tax Treaties to Prevent Base Erosion and Profit Shifting (hereinafter referred to as "the Convention") by the contracting parties to the tax treaties, the Convention applies to the tax treaties signed by our country to add the Agreement between the Government of the Peoples Republic of China and the Government of the Peoples Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Income and Property Agreement between the Government of the Peoples Republic of China and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, Agreement between the Government of the Peoples Republic of China and the Government of the Republic of Indonesia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, Agreement between the Government of the Peoples Republic of China and the Government of the United Mexican States for the Agreement between the Government of the Peoples Republic of China and the Government of the Russian Federation for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, and the Agreement between the Government of the Peoples Republic of China and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.

The time when the Convention becomes applicable to the above tax treaties is determined in accordance with the provisions of Article 35 (Commencement of Application) of the Convention.


LINK:

http://www.chinatax.gov.cn/chinatax/n810341/n810825/c101434/c5205156/content.html


Policy Interpretation:

In August 2022, I issued the Announcement on the Entry into Force of the Multilateral Convention on the Implementation of Measures Relating to Tax Agreements to Prevent Base Erosion and Profit Shifting for China and the Commencement of Application to Some Tax Agreements (Announcement of the General Administration of Taxation No. 16 of 2022), regarding the entry into force of the Multilateral Convention on the Implementation of Measures Relating to Tax Agreements to Prevent Base Erosion and Profit Shifting (hereinafter referred to as "the Convention") for China and The first batch of 47 tax treaties signed by China will be applied to the situation to be announced.

Since then, other countries have successively completed the procedures for the entry into force of the Conventions application. As of April 30, 2023, the number of tax treaties signed by China to which the Convention applies increases by six, and the time of commencement of application is determined in accordance with the provisions of Article 35 (Commencement of Application) of the Convention. In the future, as more countries and regions sign the Convention and complete the procedures for its entry into force and application, the scope of application of the Convention to the tax treaties signed by China will be further expanded.



17.Ministry of Commerce General Administration of Customs Ministry of Ecology and Environment on the Announcement of the Catalogue of Banned Imports (Eighth Batch) and the Catalogue of Banned Exports (Seventh Batch)


Issuance Date: June 6, 2023

Effective Date: June 6, 2023

In order to protect human health and safety, protect the environment, the implementation of the "Stockholm Convention on Persistent Organic Pollutants", according to the "Foreign Trade Law of the Peoples Republic of China", "Drug Administration Law of the Peoples Republic of China", "Regulations of the Peoples Republic of China on the Import and Export of Goods", is hereby published "Prohibited Goods Import Catalog (Eighth Batch)" and "Prohibited Goods Export Catalog (Seventh Batch)".

This announcement shall come into effect on the date of publication. For laboratory-scale research or used as a reference standard, this announcement does not apply to prohibit the import and export requirements.

LINK:

http://www.mofcom.gov.cn/article/zcfb/zcblgg/202306/20230603414825.shtml

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