Compilation of Export Imoport
Policies of January 2022
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With the official launch of RCEP on January 1, we will usher in a comprehensive, modern, high-quality, and reciprocal free trade agreement. The commencement and implementation of RCEP will be conducive to promoting regional economic growth, improving the regional business environment, and stabilizing regional industrial chains and supply chains. It will also favor China’s stability in foreign trade and foreign investment and contribute to the construction of a new development paradigm. RCEPs six ASEAN member states (Brunei, Cambodia, Laos, Singapore, Thailand, and Vietnam) and four non-ASEAN member states (China, Japan, New Zealand, and Australia) have ratified more than 90% of trade in goods between them will eventually realize zero tariffs. Statistically, driven by RCEP, its member states are expected to gain a net growth of 519 billion USD in exports and one of 186 billion USD in national income by 2030.
As to China, 30% of our exports can realize zero-tariff treatment after the commencement of RCEP, involving 1.4 trillion USD of the trade volume of China. It is an enormous benefit for foreign trade enterprises.
Announcement of the General Administration of Customs, No. 8, 2022 (Announcement on Promulgating the Implementation of New Matters of RCEP)
In accordance with the Decree on the Issuance of the Administrative Measures for the Places of Origin of Import and Export Goods under RCEP (GAC Decree No. 255), relevant matters are hereby announced as the following: under the relevant provisions of RCEP, the RCEP Agreement will come into force for South Korea as of February 1, 2022. South Korea will be added to the member states indicated in Article II of the Measures. The List of Special Goods Exported to South Korea will be added to the Special Goods Lists indicated in Article XIV of the measures. The format of continuation sheets of the certificate of origin (COO) will be added to the formats of the COO indicated in Article VIII of GAC Announcement No. 106 of 2021. Where the COO content cannot be fully specified in the first page, certification institutions of exporters can specify the rest in continuation pages. This Announcement shall come into force as of February 1, 2022.
Announcement of the General Administration of Customs, No. 13, 2022 (Announcement on Promulgating the Implementation of Relevant Matters of RCEP)
In accordance with the Decree on the Issuance of the Administrative Measures for the Places of Origin of Import and Export Goods under RCEP (GAC Decree No. 255), relevant matters are hereby announced as the following: under the relevant provisions of RCEP, the RCEP Agreement will come into force for Malaysia as of March 18, 2022, and Malaysia will be added to the member states indicated in Article II of the Measures. Certificates of Origin oriented to South Korea and Malaysia under the Agreement are self-service printable certificates, which will be implemented as of the day of entry into force of the Agreement for the two member states. Relevant matters shall be implemented per the GAC Announcement No. 77 of 2019.
Announcement of the General Administration of Customs, No. 1 of 2022 (Announcement on Issuing the Interface Specification for the Import of Data and Attachments of Certificates of Origin)
In accordance with the implementation arrangements of relevant preferential trade agreements, the GAC has finished the upgrade of management information system of certificates of origin. Enterprises applying for certificates of origin may handle relevant business through the China International Trade Single Window (Standard Edition)/“Internet + Customs” integrated online service platform or by connecting the information system. Enterprises applying for certificates of origin that need to connect the system should perform the interface transformation per the interface specification for the import of data and attachments of certificates of origin. The customs import interface will only receive messages imported by enterprises applying for certificates of origin and no longer receive messages imported by third-party platforms. This Announcement shall come into force as of January 5, 2022.
The third-party platforms mentioned above mainly refer to those of non-business entities. Data of certificates of origin applied using third-party platforms since December 2020 can all be accessed in the Single Window, meaning enterprises can access, copy, print, and perform other operations to their historical data as usual. Given that some enterprises already paid to third-party platforms for using the latter’s software, there will be one year transition period. We hence suggest relevant enterprises learn this Announcement well at the time of contract renewal.
Announcement of the General Administration of Customs, No. 6 of 2022 (Announcement on Implementing Mutual Recognition of Authorized Economic Operator (AEO) between Customs in China and Uruguay)
The customs of China and Uruguay officially signed the Mutual Recognition Arrangements of China Customs’ Enterprise Credit Management System and Uruguayan Customs’ AEO System between the General Administration of Customs of the People’s Republic of China and the Customs of the Oriental Republic of Uruguay in April, 2019. The decision shall come into effect as of January 26, 2022.
The Ministry of Commerce and other five departments jointly issued the Guiding Opinions on High-Quality Implementation of RCEP.
For the purposes of carrying out the decisions and arrangements of the CPC Central Committee and the State Council regarding the implementation of RCEP in depth, implementing the market opening-up commitment and regulations of the RCEP Agreement comprehensively, guiding local authorities, industries, and enterprises to adapt to the more open environment and more adequate competitions of regional markets and take better advantage of opportunities brought by RCEP, and promoting the high-quality economic development, relevant guiding opinions were issued on January 24, 2022. Please refer to the document for more detailed information.
The data released by the customs show that by January 25, 24,695 certificates of origin and declarations of origin had been applied or issued by exporters of China, with a value of 9.25 billion yuan, and 267 consignments of import goods under RCEP items had gone through customs clearance smoothly, with a value of 460 million yuan. RCEP entered into force officially on January 1, 2022 for ten ratified countries and on February 1 for South Korea, and will take effect for Malaysia on March 18. As the biggest free trade agreement in the world, RCEP is comprehensive, modern, high-quality, and reciprocal. The commencement and implementation of RCEP will be conducive to promoting regional economic growth and contribute to the construction of a new development paradigm in China as well. The Guiding Opinions on High-Quality Implementation of RCEP provide an effective policy basis for local authorities and enterprises to take better advantage of opportunities brought by RCEP.
Announcement of the Customs Tariff Commission of the State Council (CTCSC) on Implementing RCEP Conventional Tariff Rates to Some Goods Imported from South Korea (CTCSC Announcement No. 1, [2022])
In accordance with the Regulations of the Peoples Republic of China on Import and Export Duties, the RCEP, and the entry into force of RCEP for South Korea, RCEP conventional tariff rates will be imposed on some import goods originating in South Korea as of February 1, 2022.
It is recommended to compare between most-favored-nation (MFN) tariff rates, provisional import tariffs, and the conventional tariff rates of the Asia-Pacific Trade Agreement, the China-ROK FTA, and the RCEP while importing and exporting relevant goods and choose the lowest one. If MFN tariff rates or provisional import tariffs are lower than any conventional tariff rates, the agreement benefits column can be left blank at the time of import declaration. The relevant parameters have been updated in the HMG’s commodity management system accordingly for all users.
Opinions of the General Office of the State Council on Improving Cross-Cycle Policy Adjustment and Further Maintaining Foreign Trade Stability
The General Office of the State Council issued the opinions on improving cross-cycle policy adjustment and further maintain foreign trade stability. The Opinions point out that China’s foreign trade is confronted with more uncertain, unstable, and unbalanced factors, and the foundation based on which foreign trade is operated is not solid enough. It is necessary to follow the guidance of Xi Jinping thought on socialism with Chinese characteristics for a new era, continue to carry out the important instructions of General-Secretary Xi Jinping regarding keeping major economic indicators within an appropriate range, implement the decisions and arrangements of the CPC Central Committee and the State Council, further open up, improve cross-cycle policy adjustment, ease enterprises’ difficulties, with emphasis put on helping MSMEs in foreign trade, strive to secure orders and keep expectations stable, and promote a smooth development of foreign trade. Fifteen policies and measures are proposed in the Opinions, among which, the first, tenth, eleventh, twelfth, and fifteenth will be in the charge of Sinosure and other organizations according to the division of responsibilities.
Notice of the General Office of the State Council (GOSC) on Issuing the Work Plan to Promote the Development of Multimodal Transport and Optimize and Adjust the Transport Structure (2021-2025) (GOSC Notice No. 54, [2021])
Approved by the GOSC, the Work Plan to Promote the Development of Multimodal Transport and Optimize and Adjust the Transport Structure was issued on January 7, 2022. The Work Plan consists of 22 items in seven areas, including improving the load capacity and connection of multimodal transport, innovating the organization model thereof, among others. It is proposed in the Plan that by 2025, multimodal transport will be significantly improved, basically forming a development paradigm in which middle- and long-distance transport of commodities and containers will be mainly realized by railway and waterway, increasing the railway and waterway shipment volumes by 10% and 12% respectively compared to 2020, and achieving at least an average 15% annual growth in the volume of rail-waterways combined transport.
Announcement No. 1 of 2022 of the Ministry of Commerce on the Final Ruling of the Anti-Dumping Duty Investigation on the Imports of Polyphenylene Ether Originating in the U.S.
In accordance with the Anti-Dumping Regulations of the Peoples Republic of China, the Ministry of Commerce issued an announcement on August 3, 2020 to launch an anti-dumping probe into imports of polyphenylene ether originating in the U.S. After the preliminary ruling, the Investigation Authority continued to investigate the dumping and the extent thereof, the injury and the extent thereof, and the causal link between the dumping and the injury. Now that the investigation has been over, the Investigation Authority has made the final ruling in accordance with Article XXV of the Anti-dumping Regulations. Please refer to the document for the details of the Announcement. This Announcement shall come into force as of January 7, 2022. The relevant parameters have been updated in the HMG’s commodity management system accordingly for all users.
The product is under the tariff line 39072990 in the Customs Import and Export Tariff of the Peoples Republic of China (2022). Products under this tariff line other than polyphenylene ether are not in the scope of the investigation. The relevant parameters have been updated in the HMG’s commodity management system accordingly for all users.
Administrative Measures for the Information Disclosure of Seriously Tax-Related Illegal and Dishonest Entities (STA Order No. 54)
The Administrative Measures for the Information Disclosure of Seriously Tax-Related Illegal and Dishonest Entities, deliberated and adopted at the third session of the State Taxation Administration of 2021, are hereby issued and shall come into force as of February 1, 2022.
The revised measures consist of 27 articles and five chapters (general provisions, identification of dishonest entities, information disclosure, advance cease of disclosure, and additional provisions). With the improvement of the national credit system, the customs, the Market Supervision Administration, and the STA have issued relevant credit management measures successively. The main revisions of the Administrative Measures include: the identification of seriously tax-related illegal and dishonest entities, the regulations regarding the advance cease of disclosure, and the regulations regarding not granting the advance cease of disclosure, among others.
Implementing Measures for Hearings on Fiscal Administrative Penalties (MOF Order No. 109)
The Implementing Measures for Hearings on Fiscal Administrative Penalties, deliberated and adopted in the ministry session held on December 31, 2021, are hereby issued and shall take effect as of March 1, 2022. The revised Implementing Measures consist of 27 articles. Please refer to the document for the detailed information. The Implementing Measures for Hearings on Administrative Penalties Imposed by Financial Organs (MOF Order No. 23) shall be abolished simultaneously.
First of all, this adjustment adhered to the principle of revision by law. In strict accordance with the provisions of the relevant higher-level laws, the hearing scope of administrative penalties were adjusted and the hearing rules were improved, hence ensuring the legal carrying out of hearings on administrative penalties. Secondly, the adjustment adhered to the principle of problem orientation. It fit the economic and social development level and administrative management needs, focused on solving issues reflected in the practice of hearings on administrative penalties, adjusted the fee standard related to hearings, improved the provisions of authorization, and made sure the revised content was practical and useful. Thirdly, the adjustment adhered to the principle of high efficiency and convenience to people. By optimizing and refining the hearing procedures, adopting e-mail as a new way of delivery, and ensuring the convenience and access of the interested parties, it achieved people orientation.
Notice of the China National Intellectual Property Administration (CNIPA) on Issuing the Provisions on Intellectual Property Credit Management (Guo Zhi Fa Bao Zi No. 8, [2022])
For the purposes of implementing the 15-Year Plan (2021-2035) on the Development of Intellectual Property Rights (IPR) Power, the Opinions on Intensifying Protection of Intellectual Property Rights, and the Guiding Opinions of the General Office of the State Council on Further Improving the System for Deterring Acts of Bad Faith and Building a Long-Term Mechanism for Promoting Good Faith, building and improving the management mechanism for the credit management in the field of IPR, strengthening IPR protection, promoting a high-quality IPR development, the CNIPA formulated the Provisions on Intellectual Property Credit Management, which are hereby issued for compliance. The Provisions consist of six chapters and 26 articles and shall take effect as of January 27, 2022.
The China Customs has been focusing on IPR protection since the start of the year, providing protection to exclusive rights to trademarks and copyrights related to import and export goods and protected by laws and administrative regulations of China and rights, patent rights, the Worlds Fair logo, and the Olympic logo that are related to copyrights in accordance with the regulations and laws of China. To seek the customs’ protection for their IPR ex officio, IPR owners can apply to the General Administration of Customs (GAC) for recordation of the IPR they own in accordance with the provisions of the Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights. The IPR protection recordation at the customs will come into effect as of the day of ratification by the GAC and remain valid for ten years (if the remaining validity of IPR is less than ten years, the validity of the recordation will be the actual remaining validity of IPR). If IPR owners have gone through recordation at the customs in advance, the customs will be entitled to suspending the import and export of infringing goods they have found and investigating and dealing with the goods. Otherwise, if without advance recordation, the customs will not be able to investigate and deal with goods suspected of infringement.
Opinions of the State Administration for Market Regulation on Promoting the Enterprise Credit Risk Classification Management and Further Improving the Regulatory Efficacy (Guo Shi Jian Xin Fa No. 6, [2022])
Promoting the enterprise credit risk classification management is a crucial measure for the implementation of the decision and arrangement of the CPC Central Committee and the State Council regarding the deepening of the reform of delegating power, streamlining administration, and optimizing government services, and optimizing the business environment. It is urgently needed to enhance the efficacy of regulatory work such as Dual Random and Public Disclosure and has an important influence on optimizing the configuration of regulatory resources and building a market environment that values integrity, good faith, and fair competition. For the purposes of resolving the conflicts between the heavy regulatory task and the lack of regulatory forces effectively and further improving the regulatory efficacy, approved by the State Council, the State Administration for Market Regulation issued the opinions on fully promoting the enterprise credit risk classification management on January 13, 2022.
China has kept improving the construction of credit systems in various areas. Enterprises involved in import and export activities must attach importance to credit registration in various relevant fields. For example, the State Taxation Administration, the Market Supervision Administration, and the AEO certification of the customs are all earnestly relevant to daily import and export activities of enterprises and the normal business operations.
Announcement of the National Medical Products Administration (NMPA) on Relevant Matters regarding the Further Reinforcement of the Management of Radioactive Drugs (No. 5 of 2022)
For the purposes of further reinforcing the production management of radioactive drugs and ensuring the safety and effectiveness thereof, in accordance with laws and regulations such as the Drug Administration Law of the Peoples Republic of China and the Administrative Measures of Radioactive Drugs, NMPA issued relevant matters. This Announcement shall come into effect as of January 13, 2022. Please refer to the document for more details. Should there be any inconsistency between relevant matters of this Announcement and other provisions issued by medical products departments under the State Council before, this Announcement shall prevail.
1.The timing of tests of three consecutive batches of immediate-use radioactive drugs was changed, now performed after the production permit is obtained.
2.Drugs containing radionuclides with a short half-life time can go through tests while being delivered.
Official Reply of the NMPA on Approving to Add Medicinal Material Imports to the Changsha Air Port and Other Six Drug Import Ports (Guo Yao Jian Yao Zhu Han No. 6, [2022])
In accordance with the relevant provisions of the Notice of the General Offices of the China Food and Drug Administration (CFDA) and the General Administration of Customs (GAC) regarding the Issuance of the Evaluation and Assessment Plan on Adding Drug Import Ports (Shi Yao Jian Ban Yao Hua Guan No. 134, [2015]) and the Notice of the General Offices of CFDA and GAC on Relevant Matters regarding the Addition of Medicinal Material Import Border Ports (Shi Yao Jian Ban Yao Hua Guan No. 149, [2016]), studied and approved by the GAC, the official reply was issued on January 28, 2022 to add applications for traditional Chinese medicinal material import to the drug supervision and control departments of seven drug import ports, including Changsha, Suzhou, Wuxi, Zhengzhou, Jinan, Shenyang, and Shenzhen, and their corresponding portal drug testing institutions. Please refer to the relation between the ports, the portal drug supervision and control departments, and the portal drug testing institutions in the annex.
Announcement of the NMPA on Issuing Two Technical Review Guidelines, including the Registration Review Guidelines for Biosafety Cabinets (No. 108 of 2021)
For the purposes of strengthening the supervision and instruction of the registration of medical device products and further improving the quality of registration review, in accordance with the Registration and Filing of Medical Devices of the State Administration for Market Regulation (SAMR Order No. 47), the NMPA organized to formulate two technical review guidelines, including the registration review guidelines for biosafety cabinets, which were issued on January 19, 2022.