International Trade and Customs Affairs Newsletter, May, 2020

Release time:2020-05-20 15:45
China Customs has issued a number of measures to ensure the quality of exported medical supplies
China has now become the world's major producer and supplier of anti-epidemic medical materials. To ensure the quality and safety of exported medical materials, China Customs, the Ministry of Commerce, and the State Market Supervision Administration have issued a number of announcements. The main contents are as follows:
Strictly implement the declaration requirements for the export of epidemic prevention materials
Enterprises that declare to export 5 types of medical materials (novel coronavirus testing reagent, medical masks, medical protective clothing, ventilators, infrared thermometers) need to submit the registration certificate of Chinese medical device products to the Customs, and promise to meet the quality standards of the importing country (region); Non-medical masks for export shall comply with Chinese quality standards or foreign quality standards. The export shall submit an electronic or written joint declaration by both the exporter and the importer to confirm the products meet the Chinese/foreign quality standards. The importer accepts the quality standards of the purchased products and will not use them for medical purposes. The Chinese Customs will check and release based on the list of non-medical mask of manufacturing enterprises that have obtained certification or registration of foreign standards.
Publish blacklist of unqualified manufacturers
The General Administration of Market Supervision of China has issued a list of unqualified non-medical masks manufacturing enterprises, and the Chinese Customs will not accept the declaration of related products.

Strict export inspection for medical supplies 
Export commodity inspection on the commodities used for medical purposes in 11 categories of medical materials (involving 19 HS codes) is required.
Strictly investigate violations such as false declarations
The Chinese Customs has issued multiple violations of false declarations or export of unqualified products.
The policy of selective tariff collection for domestic sales expanded to all comprehensive bonded areas in China
On April 14, the Ministry of Finance, the General Administration of Customs and the State Administration of Taxation jointly issued the Notice on Expanding the Scope of Implementation of the Pilot Policy of Selective Levy of Tariffs on Domestic Sales. It is announced that since April 15, when processing enterprises in the comprehensive bonded area sell finished products within the territory, they can declare according to the name and tax number corresponding to "imported parts" or "processed finished products". This grants processing enterprises the right to choose so that enterprises have the opportunity to declare and pay customs duties with a lower tax burden. The policy pilot began in 2011, and then gradually expanded to all comprehensive bonded areas across the country until this announcement announced the expansion.

Announcement No.10 [2020] of the Ministry of Commerce: Announcement on Terminating the Investigation on Vertical Machine Center from Japan and Taiwan
On April 13, 2020, Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No. 10 of 2020, deciding to terminate the anti-dumping investigation on vertical machine center from Japan and Taiwan. 
On October 16, 2018, the MOFCOM issued Announcement No.76 of 2018, deciding to initiate an anti-dumping investigation on vertical machine center from Japan and Taiwan.
MOFCOM made an investigation on whether dumping and dumping margin exist; whether the subject merchandise causes injury to China domestic industry and the injury extent, as well as the causal link between dumping and injury. After investigation, the MOFCOM determined that, the vertical machine center from Japan and Taiwan dumped in China and China domestic industry didn’t suffer material injury. Therefore, the MOFCOM decided to terminate the anti-dumping investigation on vertical machine center from Japan and Taiwan.


Lawyer:                                        Lawyer:

Zhao Jing                                      Ma Rong Hua

Mobile:                                         Mobile:

13911906253                                13717655052

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Edited : Wanruo Zhang and Yuqing Wang


This is legal information provided by DHH to clients and other lawyers. The information contained in this letter shall not be regarded as a legal opinion of DHH or its attorneys. If you are interested in learning more about the content of this newsletter, please contact an attorney practicing in this field. 
DHH International Trade and Customs Affairs Team ("DHH Customs Team") is composed of lawyers with extensive experience in the international trade and customs fields. Areas of expertise include anti-dumping, countervailing duties, anti-smuggling, Customs legal system regulations, customs inspections, trade in value-added -manufacturing products, enterprise management, and customs supervision and control. We are devoted to maintaining our position as one of the top international trade and customs affairs teams in China. Our scope of services include: representing clients in administrative and criminal cases; duty disputes resolution; advising concerning customs clearance; protection of intellectual property rights during the customs process; review of and advising on company customs compliance and risk management policies and procedures; advising concerning AEO applications; as well as servicing all other legal needs arising in the customs and international trade areas.