by Liu Xinyu and Jing Yunfeng of King & Wood’s Corporate group

According to Articles 56 to 58(1) of the Customs Law of the People’s Republic of China ("Customs Law")(2), there are three categories where duties may be reduced: statutory duty abatements or exemptions, deductions or exemptions on special goods, and temporary duty reductions or exemptions. "Deductions or exemptions on special goods" refers to goods imported into China that enjoy a reduction or exemption of duties in specified areas and enterprises or for special purposes until the expiration of customs supervision over such goods. Special goods which are subject to reductions or exemptions are divided into many categories according to the region, use of the goods, nature of the trading business and source of funds. According to related regulations, if the imported goods fall within certain product categories encouraged by the government, the foreign investment enterprise can apply for a preferential policy of deduction and/or exemption of duties.

However, in practice, some foreign investment enterprises, being unaware of customs supervision rules, receive penalties from China Customs offices for improper handling of these special goods that are otherwise eligible for reductions or exemptions of duties. Therefore, it is important for foreign investment enterprises to understand the relevant regulations concerning special goods that are eligible for deductions and exemptions.

Continue Reading Common Mistakes Made by Foreign Investment Enterprises Utilizing Duty-Exempt Goods

作者:刘新宇 景云峰 金杜律师事务所公司

根据《中华人民共和国海关法》(《海关法》)(1)第五十六条(2)、五十七条第一款(3)以及第五十八条(4)的规定,关税的减免分为三大类,即法定减免税、特定减免税和临时减免税。其中,“特定减免税货物”是指货物在进口时减征或免征进口关税,进口后只能用于特定地区、特定企业或者特定用途,直至海关监管年限届满后解除海关监管的进口货物。而特定减免税货物又根据地区、货物用途、贸易性质、企业性质和资金来源等税收政策可分为很多种类。其中,根据有关政策规定,外商投资企业进口属于国家鼓励发展的外商投资项目货物时,可申请享受特定减免税优惠政策。

但是,实践中,很多外商投资企业却因对海关监管要求的不了解而违法处置特定减免税货物导致遭受海关的处罚。因此,对于外商投资企业而言,了解特定减免税货物监管的相关规定以及海关在实践中的要求是非常重要的。

Continue Reading 外商投资企业特定减免税货物”移作他用”典型案例

By: Mark Schaub, a Partner of King & wood’s corporate Group

Two sets of new measures have been issued in June 2008 (namely Measures for the Administration of Prohibited and Restricted Technology Import and Measures for the Administration of Import and Export Contracts Registration) which are likely to have a material, practical affect upon technology licenses and transfers to and from China. The measures are a mix of devolution (i.e. the regulations delegate responsibility down to regional Bureaux of Commerce); increased regulation and supervision on the one hand but relaxation in other regards.

 

Continue Reading New Technology Import Regulations May Cause Headaches for the Unprepared

Ding Liang, a counsel to King & Wood’s International Trade Group in Beijing

A non-compete clause prohibits one party from competing in the same type of business as the other party for a specified period. The non-compete clause is usually termed "covenant not to compete", "restrictive covenant", or "non-compete clause" and are treated with suspicion by the Anti-Monopoly Enforcement Agency.

 

Continue Reading Interplay of Non-Compete Covenants under the PRC Anti-monopoly Law