Compilation of Export Import Policies of February 2024

泓明链动产业

February 2024 Compilation

of Export Import Policies

◆◇◆

上海泓明供应链有限公司

Import Trade Statistics

The total value of China's imports and exports from January to February 2024 was US$930.86 billion, up 5.5 % compared with the same period last year; for exports, the amount of exports from January to February was US$528.01 billion, up 7.1 % compared with the same period last year; for imports, the amount of imports from January to February was US$402.85 billion, up 3.5 % compared with the same period last year. The goods trade surplus from January to February totalled US$125.16 billion.

China's cumulative imports of electromechanical products from January to February 2024 totalled 974.8 (exports 2,216.1) billion yuan, up 11.0 (exports up 11.8) per cent year-on-year.Among them, from January to February, integrated circuits imported 78.52 (exports 39.41) billion units, valued at 388.68 (exports 160.71) billion yuan, up 19.0 (exports up 28.6) per cent year-on-year.Medical devices imported 13.0 (exports 20.12) billion yuan, down 4.9 (exports up 15.7) per cent from last year. Medical equipment imports from January to February were 13.0 (exports 20.12) billion yuan, a decrease of 4.9 (exports 15.7) per cent compared with the same period last year.

General Administration of Customs Ministry of Agriculture and Rural Affairs Announcement No. 19 of 2024 (Announcement on the Prevention of the Introduction of Bluetongue Disease in Italy)

Issuance Date:2024-02-06

Effective Date:2024-02-06

On 26th January 2024, Italy urgently reported to the World Organisation for Animal Health (WOAH) that bluetongue disease occurred in Sardinia (Sardegna) and Tuscany (Toscana) of the country, involving susceptible animals such as cattle and sheep. In order to protect the safety of China's livestock industry and prevent the introduction of the epidemic, according to the provisions of the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Quarantine of Animals and Plants at the Entry and Exit of the People's Republic of China and its Implementing Regulations and other relevant laws and regulations, the announcement is hereby made:

I. Prohibit the direct or indirect import of ruminants and their related products (products derived from ruminants that are not processed or processed but still have the possibility of spreading epidemics, hereinafter referred to as the same) from Italy, stop issuing Import Animal and Plant Quarantine Permits for the import of ruminants and their related products from Italy, and revoke Import Animal and Plant Quarantine Permits which have been issued and are still in validity.

II. All ruminants and related products from Italy shipped since the date of this announcement shall be returned or destroyed. Relevant animal products from Italy shipped before the date of this announcement shall be strictly quarantined and tested, and shall be released only after passing the quarantine inspection and laboratory testing.

III. It is prohibited to send or bring ruminants and their products from Italy into the country. Once found, they will be returned or destroyed.

IV. Animal and plant wastes, slops, etc. unloaded from imported ships, aircraft and other means of transport coming from Italy shall be decontaminated under the supervision of the Customs and shall not be discarded without authorisation.

V. Ruminants and their products from Italy illegally entering the country that are intercepted by the border control and other departments shall be destroyed under the supervision of the Customs.

VI. Any violation of the above provisions shall be dealt with by the Customs in accordance with the relevant provisions of the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Quarantine of Animals and Plants at Entry and Exit and its implementing regulations.

VII. Customs at all levels and agricultural and rural departments at all levels shall, in accordance with the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Quarantine of Animals and Plants Entering and Exiting the Country and the Law of the People's Republic of China on Animal Epidemiological Prevention, and other relevant provisions, respectively, cooperate closely to do a good job in quarantine, epidemic prevention and supervision.

This announcement shall come into effect on the date of its publication.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5681430/index.html

General Customs Administration Ministry of Agriculture and Rural Affairs Announcement No. 20 of 2024 (Announcement on Lifting the Ban on Foot-and-Mouth Disease in Some Regions of Kazakhstan)

Issuance Date:2024-02-07

Effective Date:2024-02-07

Based on the results of the risk analysis, as of the date of this announcement, Almaty, Zhetsu, Shyghys kazakstan, Abai, Jambyl, Turkistan, Kyzylorda, Almaty, Chimkent, and Shymkent are recognised as FMD-free zones in the Republic of Kazakhstan. （Kyzylorda, Almaty and Shymkent are free of foot-and-mouth disease, and the entry of ungulates and their related products that meet the requirements of Chinese laws and regulations is permitted in the abovementioned regions. The Notice of the General Office of the General Administration of Customs and the General Office of the Ministry of Agriculture and Rural Development on Preventing the Importation of Foot-and-Mouth Disease from Kazakhstan (Letter of the Ministry of Agriculture and Rural Development [2022] No. 4) is no longer enforced in respect of the prohibition of foot-and-mouth disease in the above mentioned regions. This announcement is hereby made.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5681415/index.html

General Customs Administration Ministry of Agriculture and Rural Affairs Announcement No. 21 of 2024 (Announcement on Lifting the Ban on Highly Pathogenic Avian Influenza Outbreak in Kazakhstan)

Issuance Date:2024-02-07

Effective Date:2024-02-07

Based on the results of the risk analysis, as of the date of this announcement, the entire territory of the Republic of Kazakhstan is recognised as free of highly pathogenic avian influenza, and the import of poultry and related products from Kazakhstan that comply with the provisions of China's laws and regulations is permitted.

The former Ministry of Agriculture and the former General Administration of Quality Supervision, Inspection and Quarantine Joint Bulletin No. 531 of 2005 on the highly pathogenic avian influenza outbreak in the Republic of Kazakhstan is no longer enforced.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5681435/index.html

General Administration of Customs Ministry of Agriculture and Rural Affairs Announcement No. 22 of 2024 (Announcement on Lifting the Ban on Spanish Beef Bone-in Beef Under 30 Months of Age)

Issuance Date:2024-02-19

Effective Date:2024-02-19

Based on the results of risk assessment, the ban on Spain's boned beef under 30 months of age is lifted as of the date of this announcement by the former Ministry of Agriculture and the former State Administration of Entry-Exit Inspection and Quarantine Joint Announcement No. 143 of 2001.

Spain's 30 months of age below the age of bone-in beef to China inspection and quarantine requirements are developed separately.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5685588/index.html

General Administration of Customs Announcement No. 23 of 2024 (Announcement on the Issuance of Commodity Classification Decision (I) for 2024)

Issuance Date:2024-02-26

Effective Date:2024-02-26

In order to facilitate the consignees and consignors of imported and exported goods and their agents to correctly declare the matters of commodity classification, and to ensure the unityof commodity classification of the Customs, according to the relevant provisions of the "Provisions of the People's Republic of China on Administration of Commodity Classification of Imported and Exported Goods of the Customs" (Decree of the General Administration of Customs No. 252), the General Administration of Customs has formulated the first batch of decisions on commodity classification for the year of 2024 (see the Annex), which are hereby promulgated.

This announcement shall be implemented as of the date of its issuance.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5697264/index.html

Policy Interpretation

In order to facilitate the consignees and consignors of imported and exported goods and their agents to correctly declare the matters of commodity classification, according to the relevant provisions of the Administrative Provisions of the People's Republic of China on Commodity Classification of Imported and Exported Goods of the Customs (published by Decree No. 252 of the General Administration of Customs), the General Administration of Customs has recently announced the first batch of decisions on commodity classification for the year 2024, which involves a total of 6 commodities. The relevant commodity classification decisions are explained as follows:

I. Decision on the classification of goods "crushed dried chillies"

Crushed dried chillies, the fruit of the chilli pepper plant (Capsicum spp.), cut into shapes such as chilli rings, shredded chilli, diced chilli, diced chilli, etc., and made by drying. It also includes chilli peppers that do not have a pungent flavour (e.g. bell peppers). The current Import and Export Tariff Rules of the People's Republic of China (hereinafter referred to as the "Tariff Rules") and the Notes on Commodities and Items under the Import and Export Tariff Rules (hereinafter referred to as the "Notes on Tariff Rules") do not contain a clear explanation of the subheadings of commodities in Chapter IX that involve the words "unground" and "ground". The explanation of "unground" and "ground" subheadings in Chapter IX commodities is not clear.

This classification decision is based on the classification rules of the Harmonised System and takes into account the actual production of the flavouring and spice industry, and specifies that the scope of goods in subheading 0904.22 of the Code includes goods cut into rings, shreds, dices or grains, etc., which have been broken in shape.

II. Decision on commodity classification of "live phosphorus and potassium"

The Notes to the Tariff Rules do not clarify whether the composite products of microorganisms and nutrients such as nitrogen, phosphorus, potassium, etc. belong to the "other fertilisers" referred to in item 31.05. This categorisation decision aims to clarify that the "other fertilisers" referred to in item 31.05 include products that meet the requirements of the technical specifications of the industry standard "Compound Microbial Fertiliser" (NY/T 798-2015).

III. Decision on commodity classification of "Potassium humate"

The Notes to the Tariff Rules do not clarify whether potassium humate belongs to "other fertilisers" referred to in heading 31.05. The purpose of this classification decision is to clarify that "other fertilisers" referred to in heading 31.05 do not include products that do not meet the requirements of the technical specifications of the industry standard "Organic Fertiliser of Mineral Source Humic Acid" (HG/T 5602-2019). The relevant products should be classified under tariff code 3824.9999 as chemical products and preparations for the chemical industry and related industries not listed in other headings.

IV. Decision on commodity classification of "common mode inductors"

There is no further explanation for "inductors consisting essentially of a single coil" under heading 85.04 of the Notes to the Tariff. The purpose of this classification decision is to clarify that for the commodity classification of inductors not consisting of a single coil, reference should be made to the definition of inductors in GB/T2900.83-2008, "Electrotechnical Terminology for Electrical and Magnetic Devices".

V. Decision on the classification of goods "Optical Transmitter Modules"

Only six 8-digit tariff code items are listed under subheading 8517.7 of the Code for special parts for communication equipment. The purpose of this classification decision is to clarify that for the commodity classification of special parts for optical communication equipment, reference should be made to the industry standard "Technical Requirements for SDH Optical Transmitter/Optical Receiver Modules" (YD/T 1199.2-2002), "Technical Requirements and Test Methods for 10Gbit/s Coaxially Connected Optical Transmitter Assemblies (TOSA) and Coaxially Connected Optical Receiver Assemblies (ROSA) - Part 1 10Gbit/s Uncooled TOSA" (YD/T 1812.1-2008), "SDH Optical Transmitter/Optical Receiver Module Technical Requirements-2.488320Gb/s Optical Transmitter Module" (YD/T 1111.2-2001).

VI. Decision on the classification of goods "Components of the artificial knee system (femoral condylar prosthesis)"

There is no clear description of the scope of goods for "artificial joint parts" under heading 90.21 of the Notes. The purpose of this classification decision is to make it clear that for the classification of artificial joint parts, reference should be made to the industry standard "Surgical Implants - Bone Joint Body Forging and Casting Cobalt Chromium Molybdenum Alloy Castings" (YY 0117.3-2005).

General Administration of Customs Announcement No. 24 of 2024 (Announcement on the Adjustment of Inspection Agencies for Imported Cardiac Pacemakers)

Issuance Date:2024-02-27

Effective Date:2024-02-28

In order to further support the construction of Guangdong, Hong Kong and Macao Greater Bay Area, according to the Import and Export Commodity Inspection Law of the People's Republic of China and its implementing regulations, and in accordance with the relevant requirements of the "Guangdong, Hong Kong and Macao Greater Bay Area Drugs and Medical Devices Supervision and Innovative Development Work Programme" approved by the State Council, the General Administration of Customs has decided to add Guangzhou Customs as the implementing agency for the inspection of imported cardiac pacemakers. The relevant matters are announced as follows:

I. Imported pacemakers approved by the Guangdong Provincial Drug Administration for clinical urgency shall be subject to statutory inspection by Guangzhou Customs. Other imported pacemakers are still in accordance with the current provisions of the implementation of the test.

II. Enterprises with the Guangdong, Hong Kong and Macao Greater Bay Area within the clinical urgency of the import of pacemakers and related trade documents to declare to the Customs, declared the destination of inspection and quarantine authorities for the Guangzhou Customs on-site Customs.

III. Guangzhou Customs implements entry verification supervision of pacemakers imported for clinical urgency in accordance with the law, verifies whether the actual goods are consistent with the information contained in the approval opinions, and checks whether they are expired, invalid, obsolete and other used pacemakers. For those involving major quality and safety risk warnings that require the implementation of sampling for inspection, the regulations shall be implemented.

IV. If the test is qualified, Guangzhou Customs will issue relevant certificates according to the application; if the test is inconsistent with the approval or if the pacemaker belongs to the prohibited imports, the Customs will deal with it in accordance with the laws and regulations.

V. Imported pacemakers of urgent clinical need as referred to in this announcement refer to those pacemakers of urgent clinical need that have been procured and used by public hospitals in Hong Kong and Macao, have advanced clinical applications, and have obtained the relevant approval documents from the Guangdong Provincial Drug Administration and Supervision Department, and are in use in designated medical institutions operating within the region of Guangdong, Hong Kong and Macao Greater Bay Area (Guangzhou, Shenzhen, Zhuhai, Foshan, Huizhou, Dongguan, Zhongshan, Jiangmen, and Zhaoqing).

This Notice shall come into operation on 28 February 2024.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5697151/index.html

General Administration of Customs Announcement No. 25 of 2024 (Announcement on Phytosanitary Requirements for the Importation of Thai Loblolly Pine)

Issuance Date:2024-03-01

Effective Date:2024-03-01

According to the relevant laws and regulations of China and the provisions of the General Administration of Customs of the People's Republic of China and the Ministry of Agriculture and Cooperatives of the Kingdom of Thailand on the phytosanitary requirements for the export of Thai Loblolly Pine to China, with immediate effect, the import of Thai Loblolly Pine shall comply with the following requirements:

I. Inspection and quarantine basis

(i) Law of the People's Republic of China on Biosafety;

(ii) The Law of the People's Republic of China on Quarantine of Animals and Plants at the Entry and Exit of the Country and its implementing regulations;

(iii) Measures for the Administration of Quarantine of Imported Plant Propagating Materials;

(iv) Protocol between the General Administration of Customs of the People's Republic of China and the Ministry of Agriculture and Cooperatives of the Kingdom of Thailand on Phytosanitary Requirements for Thai Loblolly Pine Transfers to China.

II. Names of goods allowed to enter the country

The Luohan Pine (scientific name Podocarpus macrophyllus, Podocarpus polystachyus, English name podocarpus plant) in this announcement refers to the Luohan Pine plants that are nursed and cultivated in Thailand and exported to China for ornamental purposes.

III. Registration of nurseries

The Ministry of Agriculture and Cooperatives of the Kingdom of Thailand (hereinafter referred to as the Thai side) will conduct an assessment of the nurseries for planting Buddhist pines to be exported to China, and will recommend to the General Administration of Customs of the People's Republic of China (hereinafter referred to as the Chinese side) the nurseries that meet the requirements. The Chinese side will review the nurseries recommended by the Thai side, conduct on-site inspections if necessary, and register them after passing. The Chinese side will publish the list of registered nurseries on its official website.

IV. List of pests of concern

The following pests are not allowed to be transported to China for Thai Lohas Pine:

(i) Quarantine pests.

1. Root-knot nematode Meloidogyne spp. (non-Chinese species)

2. Trichodorus spp. (The species transmit viruses)

3. Xiphinema spp. (The species transmit viruses)

4. Short-bodied nematode genus Pratylenchus spp. (non-Chinese species)

5. Banana perforator nematode Radopholus similis

6. Rice stem nematode Ditylenchus angustus

(ii) Limited non-quarantine pests.

1. Thrips dorsalis (Thysanoptera: Thysanoptera: Thysanoptera)

2. Euwallacea destruens, a bad square-breasted borer beetle

V. Pre-export management

(i) Planting management.

1. Loblolly pines exported to China shall be transplanted and planted in registered nurseries one year before export. Before entering the nursery for planting, the root soil should be thoroughly removed by washing the roots, etc., and planted in cultivation medium that has been treated with quarantine and pest control, free of harmful organisms and has not been used.

2. Lohan Pine plants shall be planted off the ground, with a platform height of not less than 50 cm, or placed on a concrete floor, with the periphery of the roots of the plants wrapped in plastic buckets (film) or other materials approved by the Chinese side.

(ii) Nursery management.

1. The Thai side shall supervise the nurseries to set up an integrated pest control system and do a good job of preventing and controlling plant epidemics, so as to avoid the occurrence of pests of concern to the Chinese side.

2. The Thai side shall carry out routine inspections not less than twice a year at the nurseries, and the nurseries shall carry out monitoring once a month under the supervision of the Thai side to confirm the occurrence of pests and their symptoms. Plants with symptoms must be sampled and sent to a laboratory recognised by the Thai side for quarantine identification. If harmful organisms of concern to the Chinese side are found, the infected Luo Han Pine plants must be removed or destroyed.

3. There shall be no loosestrife or loosestrife family plants within 1 kilometre of the perimeter of the nursery. Adequate spacing must be maintained between each loblolly pine plant in the nursery. Personnel, tools and equipment etc. entering the nursery must be properly cleaned and sterilised. Any disease residues and extraneous plant materials, including weeds, fallen leaves, broken or dead branches, must be promptly removed from the nursery and disposed of in an environmentally sound manner.

All inspection, monitoring and planting management records shall be kept for at least three years and shall be made available in a timely manner upon request by the Chinese side.

(iii) Packaging and transport management.

1. Packing areas and cultivation media storage areas for exported Chinese loosestrife shall be free of sand, soil, weeds and plant pests, clean and hygienic, and separated and protected from plant material destined for other trade markets. Plant root media should also be treated with a mixture of nematicides, fungicides and insecticides prior to export.

2. The transport of Chinese Lodgepole Pine should be carried out in containers and appropriate measures should be taken to prevent the spread of the epidemic. If open-top or frame containers are used for transport, insect-proof nets with apertures of not more than 1.6mm should also be added to the top.

(iv) Product requirements.

The luohan pine exported to China shall comply with the requirements of China's imported phytosanitary laws and regulations and national standards, and shall not carry soil, harmful organisms of concern to the Chinese side and other imported phytosanitary harmful organisms.

(v) Pre-export quarantine.

1. Before export, the Thai side must implement quarantine on luohan pines exported to China, focusing on the inspection of soil, pests and their harmful symptoms and other special conditions, which should be sent to the laboratory for identification, and once live pests of concern to the Chinese side have been detected, the batch of luohan pines and luohan pines in the same nursery shall not be allowed to be exported to China. If other live pests are detected, they can be re-examined after treatment and allowed to be exported to China after passing the examination.

2. If the same nursery exporting luohan pine to China has 2 batches of luohan pine detected with pests of concern to the Chinese side within 1 year, the qualification of the nursery for exporting to China shall be suspended until effective corrective measures are taken, and if there are more than 2 batches within 1 year, the Thai side shall cancel the qualification of the nursery for exporting to China, and notify the Chinese side in a timely manner.

3. The pre-export quarantine-qualified Luohan Pine plants should be hung with qualified labels, which must include the unique number of the plant, the name of the nursery and its registration number, and the date of transfer to the nursery.

(vi) Phytosanitary certificate requirements.

After passing the quarantine, the Thai side shall issue a phytosanitary certificate in accordance with the International Standard for Phytosanitary Measures No. 12 "Guidelines for Phytosanitary Certificates", with an additional declaration stating that "The consignment is in compliance with requirements described in the The consignment is in compliance with requirements described in the Protocol of Phytosanitary Requirements for the Export of Podocarpus Plants from Thailand to China and free from soil and the pests of concerned to China". The consignment is in compliance with requirements described in the Protocol of Phytosanitary Requirements for the Export of Podocarpus Plants from Thailand to China and free from soil and the pests of concerned to China" (The consignment is in compliance with requirements described in the Protocol of Phytosanitary Requirements for the Export of Podocarpus Plants from Thailand to China and free from soil and the pests of concerned to China), and at the same time, it should state the registration number of the nursery and the corresponding qualification number of each Podocarpus plant.

VI. Entry inspection and quarantine

(i) Quarantine approval.

1. Importers should apply for and obtain a quarantine approval form in advance;

2. Lohan pines shall be imported through designated ports on the Chinese side.

(ii) Certification and labelling verification.

1. Verify that a quarantine authorisation form is attached;

2. Verify that they are from registered nurseries;

3. Verify whether the attached phytosanitary certificate issued by the Thai side is true and effective;

4. Verify that the labelling on Loblolly pine plants complies with the provisions of article 5 (e) (3) of this bulletin.

(iii) Cargo inspections.

According to the relevant laws, administrative regulations, rules and other provisions of the import of Lohan Pine quarantine, quarantine qualified, allowed to enter the country, transported to the quarantine approval order required by the designated nursery to receive supervision.

(iv) Handling of failures.

1. Without valid phytosanitary certificates or quarantine approval slips, they shall be returned or destroyed;

2. Nurseries from unregistered nurseries or not displaying conformity labels are returned or destroyed;

3. If the number of the hanging conformity label does not correspond to the content of the accompanying phytosanitary certificate, the corresponding plant shall be returned or destroyed;

4. If soil is found, return it or destroy it;

5. The entry of live insects, harmful organisms in Article 4 of this Announcement or the List of Imported Phytosanitary Harmful Organisms of the People's Republic of China shall be permitted after they have been qualified by effective decontamination treatment, and if there is no effective decontamination treatment method, they shall be returned or destroyed;

Upon discovery of the above non-conformity, the Chinese side will inform the Thai side and, as appropriate, suspend the export of luohan pines to China from the relevant enterprises, planting nurseries or production areas until the Chinese side confirms that the problem has been effectively rectified.

Notice is hereby given.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5709628/index.html

General Administration of Customs Ministry of Agriculture and Rural Affairs Announcement No. 26 of 2024 (Announcement on the Prevention of the Introduction of Sheep Pox and Goat Pox from Georgia into the Country)

Issuance Date:2024-03-02

Effective Date:2024-03-02

On 16 February 2024, Georgia urgently reported to the World Organisation for Animal Health (WOAH) that an outbreak of sheep pox and goat pox had occurred in the Kakheti region of the country, involving susceptible animals such as sheep and goats. In order to protect the safety of China's livestock industry and prevent the introduction of the epidemic, according to the provisions of the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Quarantine of Animals and Plants at the Entry and Exit of the People's Republic of China and its Implementing Regulations and other relevant laws and regulations, the announcement is hereby made:

I. It is prohibited to import directly or indirectly from Georgia sheep, goats and their related products (products originating from sheep or goats that have not been processed, or that have been processed but still have the potential to transmit epidemics).

II. It is prohibited to send or bring into the country sheep, goats and their related products from Georgia. Once found, they will be returned or destroyed.

III. Animal and plant wastes, slop, etc., unloaded from inbound ships, aircraft, railway trains and other means of transport from Georgia shall be decontaminated under the supervision of the Customs Service and shall not be discarded without permission.

IV. All illegally entered sheep, goats and related products from Georgia intercepted by border control and other authorities shall be destroyed under customs supervision.

V. Any violation of the above provisions shall be dealt with by the Customs in accordance with the relevant provisions of the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Quarantine of Animals and Plants at Entry and Exit and its implementing regulations.

VI. Customs at all levels and agricultural and rural departments at all levels shall, in accordance with the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Quarantine of Animals and Plants Entering and Exiting the Country and the Law of the People's Republic of China on Animal Epidemiological Prevention, and other relevant provisions, respectively, work in close cooperation to do a good job in quarantine, epidemic prevention and supervision.

This announcement shall come into effect on the date of its publication.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5713351/index.html

General Administration of Customs Announcement No. 27 of 2024 (Announcement on the Issuance of the Administrative Measures for the Filing of Farms of Raw Materials for Export of Aquatic Products)

Issuance Date:2024-03-04

Effective Date:2024-04-15

In order to strengthen the management of raw materials for export of aquatic products, to ensure the safety and health of export of aquatic products, regulate the export of raw materials for aquatic products farms for the record management, the General Administration of Customs formulated the "export of raw materials for aquatic products farms for the record management measures", is hereby promulgated.

Notice is hereby given.

General Administration of Customs (GAC)

Letter dated 4 March 2024 from the Permanent Representative of

Export of aquatic products raw materials farm record management measures

Chapter I. General provisions

Article 1 In order to strengthen the management of raw materials for export of aquatic products, to ensure the safety and hygiene of export of aquatic products, standardise the management of raw materials for export of aquatic products for the record of farms, according to the "Food Safety Law of the People's Republic of China" and its implementing regulations, "Fisheries Law of the People's Republic of China" and its implementation rules, "Customs Law of the People's Republic of China", "People's Republic of China Import and Export of Food Safety Regulations" and other laws and regulations, Departmental regulations, the formulation of these measures.

Article 2 for the export of food production enterprises to provide raw materials for aquatic products of aquaculture farms for the record shall apply to this approach.

Aquaculture to which these Measures apply refers to the production activities of aquaculture and cultivation of aquatic economic plants and animals using various waters in various ways, excluding aquatic products grown naturally after artificial seedling placement in open sea areas, unless the importing country (region) has explicit requirements.

Article 3 of the export of aquatic raw materials farms should be filed with the local Customs. The General Administration of Customs uniformly announced the export of aquatic products as raw materials farms for the record list.

Chapter II. Conditions and procedures for filing

Article 4 The farms of raw materials for export of aquatic products shall meet the following basic conditions and health requirements:

(a) Obtaining, in accordance with the law, documents certifying that the agricultural or fisheries department at or above the county level recognises it as legal farming;

(b) There are no sources of pollution such as livestock and poultry farms, hospitals, chemical plants, rubbish dumps, etc., around the farms, and the internal environmental hygiene is good;

(d) Sufficient water sources, and the quality of water used for aquaculture is in line with the Fisheries Water Quality Standards;

(e) The sanitation and hygiene of the site is clean and reasonably laid out, in line with the requirements of hygiene and epidemic prevention, and to avoid cross-pollution of water and drainage;

(f) There are independent and separate warehouses for drugs and feeds, which are kept clean and dry and well ventilated, and there is a person in charge of recording the entry and exit registers;

(g) Farming density is appropriate, with oxygenation facilities appropriate to the density of farming;

(h) Not to store and use drugs and other toxic and harmful substances that are banned in China and in the importing countries (regions); the drugs used should be labelled with their active ingredients, and a true and complete record of medication should be established, and the regulations on the withdrawal period should be strictly adhered to;

(i) The feed fed meets the requirements of the Regulations on the Administration of Feed and Feed Additives;

(j) The establishment of a comprehensive aquaculture management system and effective operation, farms should be accurate, standardised and timely completion of the aquaculture logbook, the relevant records should be preserved until the batch of aquatic products are all sold for more than 2 years;

(k) Equipped with aquaculture technicians, who should be familiar with and comply with relevant laws and regulations, and be familiar with the relevant drug residue control regulations and standards of the aquatic products importing countries (regions) whose aquaculture raw materials are processed and be able to carry out aquaculture management in accordance with their requirements.

Article 5 The applicant for the record of export of aquatic products raw materials farms can be natural persons, individual businessmen, farmers' professional co-operatives, trade associations or enterprises.

Article 6 The applicant for the record of export of aquatic products raw materials farms through the information system to the Customs at the location of the farm to apply, provide the following application materials and be responsible for their authenticity:

(i) Application Form for Filing of Aquatic Products Raw Material Farms for Export (see Annex 1);

(ii) Proof of legal farming recognised as such by the agricultural or fisheries departments at or above the county level. If the owner of the farm in the proof of legal farming is not the same as the applicant, the lease, contract or use agreement signed by both parties shall be provided.

Article VII of the Customs on the applicant's application materials for review, the materials are complete, in line with the statutory form, shall be completed within five working days for the record.

Chapter III. Records management

Article 8 The record is valid for a long period of time within the validity period of the legal farming documents.

Article 9 Has obtained the record of raw materials for export of aquatic products farms, such as the name, address (without location relocation), breeding area, legal representative or operator, breeding species and other information for the record changes, or the expiry of the legal breeding of certificates, should be from the date of change within 30 days from the date of the change of the local Customs application for change. If the change is not made after the expiry date, the Customs may notify it to make corrections within 10 working days.

Article 10 The export of aquatic products for the record of raw materials farm farming right of use, breeding species, farm location relocation, farms and the surrounding aquaculture environment has changed significantly, or other major changes that may directly or indirectly affect the safety and health of aquaculture aquatic products, should be changed from the date of the original filing qualification within 30 days after cancellation, re-apply for the record.

Article 11 of the export of aquatic products for the record of raw materials farms should be filed in the year following the filing of the year, before the end of March each year to the local Customs to submit the previous year's "export of aquatic products for the record of raw materials farms Annual Report Form" (see Annex 2). Failure to submit by the deadline, the Customs may notify it to correct within 10 working days.

Article 12 of the export of aquatic products raw materials for the record farms in one of the following circumstances, cancellation of the record:

(a) If the applicant for the farm record voluntarily applies for cancellation of the record;

(b) If the right to use the farm for farming is terminated by law;

(c) The existence of the circumstances referred to in Article 9 of these Measures did not apply for changes within 30 days, and still refuses to make changes within 10 working days after being notified by the Customs to make corrections;

(d) The existence of the circumstances in article 10 of these Regulations;

(e) Failure to submit annual reports by the due date and refusal to do so within 10 working days after being notified by the Customs to correct the situation.

Article 13 of the export of aquatic products for the record of raw materials farms in one of the following circumstances, the cancellation of the record, and shall not be reapplied for 2 years:

(a) The storage or use of drugs and other toxic and harmful substances prohibited for use in China or in the importing country (region), the use of drugs without labelling of the active ingredients or the use of drug additives containing prohibited drugs, and the failure to discontinue the use of drugs during the rest period in accordance with the regulations;

(b) Provide false proof of supply, transfer or disguise the transfer of the record number;

(d) Refusing to submit to customs supervision and management or inspection by the competent authorities of the importing country (region), or failing to truthfully provide relevant information and materials;

(e) Failure to consistently meet the basic conditions of filing and health requirements, unable to rectify or refusing to rectify.

Article 14 If the importing countries (regions) have special provisions on aquatic product raw material farms in their laws and regulations and multilateral and bilateral agreements, such provisions shall apply.

Article 15 The General Administration of Customs shall be responsible for the interpretation of these Measures.

Article 16 The present Regulations shall enter into force on 15 April 2024.

LINK

http://www.customs.gov.cn/customs/302249/302266/302267/5713151/index.html

Policy Interpretation

The General Administration of Customs issued on 5 March 2024 (General Administration of Customs Announcement No. 27 of 2024) the Announcement on Administrative Measures for the Filing of Aquatic Product Raw Material Farms for Export, which came into force on 15 April 2024 onwards. In order to enable the administrative relative and the community to fully understand and accurately grasp the background and key contents of this announcement, the relevant issues are explained below:

I. Background

The People's Republic of China Import and Export Food Safety Management Measures (General Administration of Customs Decree No. 249) repealed the "Import and Export of Aquatic Products Inspection and Quarantine Supervision and Administration Measures" (General Administration of Customs Decree No. 243), and provides for the export of food raw materials for the record of the record of farms procedures and requirements set by the General Administration of Customs. The newly developed "export of aquatic products as raw materials farms for the record Management Measures" firmly implement the State Council requirements related to decentralisation, simplify the process, optimise the filing requirements, to facilitate the administrative counterparts for the record, and at the same time the implementation of food safety supervision, "the four most stringent" requirements, to strengthen the main body responsible for the establishment of the "in and out" of the "in and out" of the record. In and out" of the record management system. This approach involves the administrative counterparts for the record, change and cancellation and other related matters of procedure and requirements, the need to announce the form of external clear.

II. Highlights

First, clear procedural requirements. The export of aquatic products raw materials farms should apply for the record should have the conditions, the application materials should be submitted, change the record, re-filing, cancellation of the record, etc., made clear that the use of information technology system to submit applications to facilitate the applicant for the record, but also for the Customs and Excise Department to carry out the export of aquatic products raw materials filed for the record of the farms in the event of the aftermath of the supervision provided by the basis.

Second, improve the efficiency of the record. Optimise the filing requirements, the cancellation of the scale of farming and other part of the requirements; simplify the filing process, the implementation of the system of informed commitment to replace the customs record on-site review; streamline the filing information, the original 9 filing application information reduced to 2. At the same time, the record is valid for 4 years to be valid for a long time with the legal farming materials. Business procedures are more simple and convenient, the record processing time from the previous 30 days or more shortened to 5 working days to further enhance administrative efficiency, and effectively reduce the burden of efficiency for enterprises.

Thirdly, the main responsibility has been pressed. Customs evaluation system to the applicant commitment system, provides for the filing of the applicant declaration, through self-assessment and compliance commitment to confirm compliance with the relevant filing requirements, requires the filing of the farm each year to its local customs submitted to the last annual report, while clear that there are violations of the use of banned substances and other behaviours such as enterprises were cancelled after the filing of the record, two years may not re-apply. Enterprises are urged to manage on their own, promote the quality of aquaculture, regulate their own production and operation behaviour, and strengthen the main responsibility of enterprises.

III. Questions and Answers on Hot Issues

Q: Why is it necessary to record the export of aquatic products raw material farms to the Customs?

A: "Food Safety Law" clearly "export food production enterprises and export food raw materials planting, farming should be filed with the state entry-exit inspection and quarantine departments. Institutional reform of the State Council in 2018, clear entry-exit inspection and quarantine management responsibilities and teams transferred to the General Administration of Customs, January 1, 2022 came into force of the "People's Republic of China Import and Export Food Safety Management Measures" (General Administration of Customs Decree No. 249), Article 40, "the export of raw materials for food planting, breeding farms should be filed with the local customs. The General Administration of Customs uniformly announced the list of raw materials planted, farms, filing procedures and requirements formulated by the General Administration of Customs". Therefore, the export of aquatic products, raw material farms to the Customs for the record is the provisions of the law, the Customs to develop "export of aquatic products, raw material farms for the record management measures" is the Customs to fulfil the requirements of the legal duties.

Q: Which raw fish farms need to be filed?

A: Aquaculture farms that provide raw materials for aquatic products to export food production enterprises are required to file with Customs.

Q: Do fish, shrimp, shellfish, etc. that grow naturally in open waters after being artificially seeded also need to be filed?

A: The aquaculture to which these Measures apply refers to the production activities of aquaculture and cultivation of aquatic economic plants and animals in various ways using various kinds of waters, excluding aquatic products grown naturally after artificial seedling placement in open sea areas, unless the exporting countries and regions have explicit requirements.

Q: Where do I file with customs?

A: The export of aquatic products raw materials farms should be filed with the local customs.

Q: Are there any requirements for filing on the farm?

A: The farms of raw materials for export of aquatic products should meet the following requirements in order to record.

(i) Obtaining, in accordance with the law, documents certifying that the agricultural or fisheries department at or above the county level recognises it as legal farming;

(ii) There are no sources of pollution such as livestock and poultry farms, hospitals, chemical plants, rubbish dumps, etc., around the farms, and the internal environmental hygiene is good;

(iii) The breeding ponds or nets on the farm have a standardised numbering;

(iv) Sufficient water sources, and the quality of water used for aquaculture is in line with the Fisheries Water Quality Standards;

(v) The sanitation and hygiene of the site is clean and reasonably laid out, in line with the requirements of hygiene and epidemic prevention, and to avoid cross-pollution of water and drainage;

(vi) There are independent and separate warehouses for drugs and feeds, which are kept clean and dry and well ventilated, and there is a person in charge of recording the entry and exit registers;

(vii) Farming density is appropriate, with oxygenation facilities appropriate to the density of farming;

(viii) Not to store and use drugs and other toxic and harmful substances that are prohibited in China and in the importing countries (regions); the drugs used should be labelled with the active ingredients, have a record of the medication administered and strictly comply with the provisions of the withdrawal period;

(ix) The feed fed meets the requirements of the Regulations on the Administration of Feed and Feed Additives;

(x) Establish a sound aquaculture management system and operate it effectively. Farms should fill in accurate, standardised and timely aquaculture logbooks, and the relevant records should be kept until more than two years after all aquatic products in the batch have been sold;

(xi) Equipped with aquaculture technicians, who should be familiar with and comply with relevant laws and regulations, and be familiar with the relevant drug residue control regulations and standards of the aquatic products importing countries (regions) whose aquaculture raw materials are processed and be able to carry out aquaculture management in accordance with their requirements.

Q: Can an individual or co-operative apply for this filing?

A: The applicant for the record of farms of raw materials for export of aquatic products can be a natural person, an individual businessman, a farmer's professional co-operative, a trade association or an enterprise.

Q: What documents do I need to submit for filing?

A: This filing requires the submission of two documents. First, the application form for export of aquatic products raw materials farms for the record; second is the county level above the agricultural or fisheries department recognised as legal farming documents, legal farming documents in the farm owner and the applicant is not the same, you need to provide both sides signed a lease, contract or use agreement.

Q: How many days can I usually complete the filing?

A: If the materials are complete and in accordance with the legal form, the filing will be completed within 5 working days.

Q: How many years is the filing valid?

A: The validity period of the record is valid for a long time within the validity period of the legal aquaculture certificates. That is to say, as long as the legal farming certificates recognised or issued by the agriculture or fishery departments at or above the county level are valid, the record is valid for a long time. If the legal farming documents are invalid, including the expiration of the automatic expiration, suspension, cancellation, revocation, cancellation and other legal farming qualification loss of the situation, the export qualification of the record is also invalid at the same time.

Q: After filing, do I have to apply for changes if there are changes in the farm?

A: Yes. Has been filed with the export of aquatic products raw materials farms for the record of the name, address (without location relocation), breeding area, legal representative or operator, breeding species and other information for the record changes, should be changed from the date of change within 30 days to the local customs application for change. Record of raw materials for export of aquatic products farm farming right of use, breeding species, farm location relocation, farms and the surrounding farming environment has changed significantly, or other major changes that may directly or indirectly affect the safety and health of farmed aquatic products, should be changed within 30 days from the date of cancellation of the original filing of the qualification, re-apply for the record.

Q: Is the filing valid for a long time and will it not be cancelled?

A: No. The record is valid for a long time. However, the export of raw materials for aquatic products farms have one of the following circumstances, the cancellation of the record, and within two years shall not re-apply for the record: (a) storage or use of China, the importing country (region) prohibited the use of drugs and other toxic and harmful substances, the use of drugs not marked with the active ingredient or the use of drugs containing prohibited drugs additives, and did not stop in the rest period in accordance with the provisions of the drug; (b) to provide false supply of documents, Transfer or disguised transfer of the record number; (C) concealment of major aquaculture aquatic diseases or failure to report to the Customs in a timely manner; (D) refused to accept the supervision and management of the Customs or the importing country (region) the competent authorities to inspect, or failure to truthfully provide the relevant information and materials; (E) can not be sustained in line with the record of the basic conditions and health requirements, and can not be rectified or refused to rectify the situation.

Q: What other circumstances would disqualify a filing?

A: export of aquatic products raw materials farms in one of the following circumstances, cancellation of the record:

(a) the applicant for the record of farms to take the initiative to apply for cancellation of the record;

(b) farms farm right of use terminated according to law;

(c) the existence of the circumstances described in Article IX of these Measures did not apply for a change in 30 days, and the Customs notice of correction within 10 working days after the refusal to change the situation;

(d) the existence of the circumstances of Article 10 of these Measures;

(e) failure to submit an annual report on schedule, and by customs notice of correction within 10 working days after the refusal to submit the situation.

(f) Failure to submit the annual report on time and still refuse to submit it within 10 working days after being notified by the Customs to make corrections.

General Administration of Customs Announcement No. 28 of 2024 (Announcement on Inspection and Quarantine Requirements for Imported Austrian Milk Products)

Issuance Date:2024-03-06

Effective Date:2024-03-06

According to the relevant laws and regulations of China and the provisions of the General Administration of Customs of the People's Republic of China and the Federal Ministry of Social Affairs, Health, Care and Consumer Protection of the Republic of Austria (hereinafter referred to as the Austrian Ministry of Protection) on the inspection and quarantine requirements for Austrian dairy products exported to China (hereinafter referred to as the dairy products exported to China), since the date of publication of the Announcement, dairy products of the Republic of Austria which comply with the inspection and quarantine requirements have been allowed to import:

I. Inspection and quarantine basis

(i) The Law of the People's Republic of China on the Quarantine of Animals and Plants at the Entry and Exit of the People's Republic of China and the Regulations for the Implementation of the Law of the People's Republic of China on the Quarantine of Animals and Plants at the Entry and Exit of the People's Republic of China The Law of the People's Republic of China on Import and Export Commodity Inspection and the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection

(ii) Measures of the People's Republic of China for the Administration of Import and Export Food Safety, and Provisions of the People's Republic of China on the Administration of Registration of Overseas Manufacturing Enterprises of Imported Food.

(iii) Protocol between the General Administration of Customs of the People's Republic of China and the Federal Ministry of Social Affairs, Health, Care and Consumer Protection of the Republic of Austria on the Requirements for the Inspection and Quarantine of Milk Products Exported from the Republic of Austria to China.

(iv) Announcement of the General Administration of Customs on Clarifying the Requirements for the Inspection and Quarantine of Imported Milk Products.

II. Permitted imports

Dairy products for export to China means food products originating from Austria, processed from cow's milk, goat's milk and sheep's milk as the main raw material and subjected to appropriate heat treatment, including pasteurised milk, sterilised milk, reconstituted milk, fermented milk, cheese and reconstituted cheese, thin cream, cream, anhydrous cream, condensed milk, milk powder, whey powder, whey protein powder, colostrum powder, casein, dairy mineral salts, milk-based infant formulas and their premix (or base powder), etc.

III. Manufacturer requirements

Dairy producers exporting to China are authorised or registered by the Austrian authorities, are under Austrian official supervision and comply with Chinese and Austrian requirements on animal hygiene and public health.

According to the Food Safety Law of the People's Republic of China and the Provisions of the People's Republic of China on the Administration of Registration of Overseas Producers of Imported Food, producers exporting dairy products to China should be registered by China, and products produced by enterprises that have not obtained registration shall not be exported to China.

IV. Requirements for Dairy Animals Providing Raw Milk

Dairy animals supplying raw milk for dairy exports to China must meet the following requirements:

(i) From farms that meet the following conditions:

1. Foot-and-mouth quarantine restrictions have been lifted for at least two months.

2. There have been no cases of rinderpest, Rift Valley fever, or contagious bovine pleuropneumonia on the farm.

3. At the time of collection of raw milk, the farm had not been subject to quarantine restrictions for anthrax in the past 12 months.

4. No clinical signs of brucellosis, bovine paratuberculosis (also known as Johne's disease), or tuberculosis have been detected on dairy farms.

5. The farms are free of peste des petits ruminants, itchy disease and smallpox in sheep.

6. Farms are under the supervision of the Ministry of Conservation.

7. The farm and its surroundings are not subject to quarantine restrictions due to animal diseases as stipulated in the Terrestrial Animal Health Code of the World Organisation for Animal Health (WOAH) and the Austrian Animal Health Code.

(ii) The animals have not been fed feed that is prohibited for animals in Austria and China.

(iii) Implementing the Austrian National Residue Monitoring Programme formulated by the Austrian Ministry of Protection and requiring enterprises to test raw milk. According to the national residue monitoring programme and the results of raw milk testing, the residues of veterinary drugs, pesticides and other toxic and harmful substances in dairy products exported to China shall not exceed the maximum limits set by Chinese standards.

V. Quarantine approval requirements

Austrian raw milk products, pasteurised milk and prepared milk produced and processed by the pasteurisation process for export to China shall be subject to prior quarantine approval and obtain an Entry Animal and Plant Quarantine Permit.

VI. Certification requirements

Dairy products destined for China shall be accompanied by an officially issued Austrian veterinary health export certificate.

VII. Food safety requirements

(i) Dairy products exported to China shall comply with the provisions of Austrian and Chinese laws and regulations as well as Chinese national standards for food safety.

(ii) If the milk raw materials used for the export of dairy products to China come from a country (region) other than Austria, it shall be demonstrated that the country of origin of the milk raw materials can export the corresponding milk raw materials to China.

(iii) The product or raw milk is processed by one of the following processes:

1. Sterilisation procedures at a minimum temperature of 132°C for at least 1 second (Ultra High Temperature UHT);

2. If the pH of the milk is below 7.0, apply a sterilisation procedure with a minimum temperature of 72°C for at least 15 seconds (High Temperature - Instantaneous Pasteurisation HTST);

3. If the pH of the milk is 7.0 or above, use the HTST procedure twice.

VIII. Packaging and labelling requirements

Dairy products exported to China must be packaged in brand new materials that comply with Chinese standards. The outer packaging shall be labelled in Chinese and English with specifications, origin (specific to state/province/city), destination, product name, weight, name of the production plant, registration number, production batch number, storage conditions, date of production and shelf life. The inner package shall comply with the relevant regulations of China, and the label shall indicate the country of origin, product name, enterprise registration number, name, address and contact information of the manufacturer, date of production and shelf life, and production batch number.

IX. Storage and transport requirements

The whole process of exporting dairy products to China, from packaging, storage to transport, shall comply with hygienic conditions and prevent contamination by toxic and harmful substances. After the goods are loaded into containers, they shall be sealed and the sealing number shall be indicated in the veterinary hygiene export certificate. Packaging shall not be unpacked or replaced during transport.

LINK

http://www.customs.gov.cn/customs/302249/2480148/5716452/index.html

Decision of the General Administration of Customs on the Abolition of the Measures of the Customs of the People's Republic of China on the Supervision of Hengqin New Area (for Trial Implementation) (Order No. 267 of the General Administration of Customs)

Issuance Date:2024-03-01

Effective Date:2024-03-01

In accordance with the actual work, it is hereby decided to repeal the Measures of the Customs of the People's Republic of China on the Supervision of Hengqin New Area (for Trial Implementation) published by Decree No. 209 of the General Administration of Customs on 27 June 2013, as amended in accordance with Decree No. 243 of the General Administration of Customs on 23 November 2018, and Decree No. 262 of the General Administration of Customs on 9 March 2023, which was promulgated by Decree No. 209 of the General Administration of Customs.

The present decision shall enter into force on the date of its publication.

LINK

http://www.customs.gov.cn/customs/302249/2480148/5710173/index.html

Statistical Letter [2024] No. 8 Reply from the Department of Statistical Analysis on the Addition of Customs Statistical Economic Zone Codes for the Shenzhen-Shantou Special Co-operation Zone

Issuance Date:2024-02-27

Effective Date:2024-03-05

Shantou Customs:

The Letter of Shantou Customs on the Application for the Establishment of Customs Statistical and Economic Zoning Code for the Shenzhen-Shantou Special Co-operation Zone (Shantou Customs Statistics Letter [2024] No. 53) has been received. After study, we agree to add the code for the Customs Statistical Economic Zone of Shenzhen-Shantou Special Co-operation Zone. The details are as follows:

1. The code for the economic zone of the Shenzhen-Shantou Special Co-operation Zone for customs statistics is "4415999T". The first two digits of the code "44" represent Guangdong Province; the third and fourth digits of the code "15" represent Shanwei City, where the Shenzhen-Shantou Special Co-operation Zone is located; and the fifth to seventh digits of the code "9" have no specific meaning; The eighth digit "T" stands for Shenzhen-Shantou Special Co-operation Zone.

The code is used for enterprises in the Shenzhen-Shantou Special Co-operation Zone to be assigned in the "Customs Statistical Economic Zone" column of the Customs Import and Export Credit Management System (hereinafter referred to as the JC System).

The code will come into force on 5 March 2024. Please pay attention to receive the JC system parameters maintained by the Inspection Department in time.

The administrative division where the Shenzhen-Shantou Special Co-operation Zone is located is Haifeng County, Shanwei City, with the administrative division code "441521" and the customs domestic area code "44159".

I hereby reply.

LINK

http://www.customs.gov.cn/customs/302249/zfxxgk/zfxxgkml34/5696962/index.html

General Administration of Market Supervision on the release of "capacitive measuring instruments calibration system table" and other 29 national measurement specifications announcement

Issuance Date:2024-02-21

Effective Date:2024-03-01

According to the "People's Republic of China Measurement Law," the relevant provisions of the approval of the "capacitance measuring instruments calibration system table" and other 29 national measurement specifications issued for implementation, is hereby promulgated.

LINK

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/jls/art/2024/art_c1830cfa7a294548aa7df4cee7667c83.html

State Office of Market Supervision [2024] No. 17 Notice of the General Administration of Market Supervision on the Issuance of the 2023 Market Supervision Industry Standard Formulation Plan Project

Issuance Date:2024-02-18

Effective Date:2024-02-18

All relevant units:

In accordance with the Measures for the Administration of Market Supervision Industry Standards and the Implementing Rules for the Administration of Market Supervision Industry Standards Formulation, the General Administration of Market Supervision has identified the 2023 Market Supervision Industry Standards Formulation Plan Projects (hereinafter referred to as the Plan Projects), which are hereby issued to you, and please organise and implement them conscientiously. Specific requirements are as follows:

I. Accelerate the progress of standard-setting, and the development projects should be completed within 24 months from the date of the issuance of the planned projects (subject to the time of submission of the draft for approval).

II. The unit responsible for the project as soon as possible to organise the relevant participating units to set up a standard drafting group, study and formulate a standard drafting work programme, and provide guarantees in terms of personnel, funding, equipment conditions and the use of relevant resources, etc., to start the drafting of standards as soon as possible to ensure that the task of standard-setting will be completed on schedule.

III. Please contact the General Administration for any problems related to the implementation of the planned projects.

Contact: China Network Security Review and Certification and Market Supervision Data Centre
Yu Dadong 010-88650279
Yan Xiaoliang 010-88650268

LINK

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/bgt/art/2024/art_872739b80d76441689a42a0a9f552eba.html

Announcement of the State Administration of Taxation Ministry of Industry and Information Technology No. 3 of 2024 Announcement of the State Administration of Taxation Ministry of Industry and Information Technology on the Release of Catalogue of Non-transportation Special Purpose Vehicles with Fixed Installations Exempted from Vehicle Acquisition Tax (Fourteenth Batch)

Issuance Date:2024-02-23

Effective Date:2024-02-23

In accordance with the relevant provisions of the Announcement of the Ministry of Finance and the State Administration of Taxation of the Ministry of Industry and Information Technology on the Policies Relating to the Exemption of Non-transportation Special Purpose Vehicles with Fixed Installations from Vehicle Acquisition Tax (No. 35 of 2020) and the Announcement of the Ministry of State Administration of Taxation of the Ministry of Industry and Information Technology on the Matters Relating to the Administration of Non-transportation Special Purpose Vehicles with Fixed Installations from Vehicle Acquisition Tax (No. 20 of 2020), the Catalogue of Non-transportation Special Purpose Vehicles with Fixed Devices Exempted from Vehicle Acquisition Tax (the Fourteenth Batch) is hereby released.

LINK

https://fgk.chinatax.gov.cn/zcfgk/c100012/c5221514/content.html

Policy Interpretation

I. Background to the announcement

In order to effectively implement the reform requirements of the State Council to optimise the business environment, enhance the level of tax services, improve the quality and efficiency of tax administration, and better safeguard the rights and interests of taxpayers, the Ministry of Finance, the State Administration of Taxation and the Ministry of Industry and Information Technology have issued the Announcement on the Policies Relating to Exemption from Vehicle Purchase Tax for Non-transportation Special Purpose Vehicles Equipped with Fixed Installations (No. 35 of 2020), the State Administration of Taxation and the Ministry of Industry and Information Technology have issued the Announcement on Administrative Matters Concerning the Exemption of Non-transportation Special Purpose Vehicles with Fixed Devices from Vehicle Acquisition Tax (No. 20 of 2020), to further optimise the mechanism for administering preferential policies on vehicle acquisition tax for non-transportation special purpose vehicles with fixed devices (hereinafter referred to as special purpose vehicles). Special-purpose vehicles exempted from vehicle acquisition tax are managed through the Catalogue of Non-transportation Special-purpose Operating Vehicles with Fixed Devices Exempted from Vehicle Acquisition Tax (hereinafter referred to as the Catalogue), and taxpayers purchasing special-purpose vehicles listed in the Catalogue are entitled to the policy of exemption from vehicle acquisition tax.

II. Basic information on the present Catalogue

This Catalogue is the first release in 2024, and the cumulative total is the fourteenth batch, involving 310 models from 148 companies.

III. Issues for clarification

(i) How can eligible special purpose vehicles apply for inclusion in the Catalogue?

To apply for inclusion in the Catalogue, vehicle manufacturers, imported vehicle dealers or individuals (hereinafter referred to as the applicant) through the Ministry of Industry and Information Technology "exempted from vehicle purchase tax non-transportation of non-transportation special purpose vehicle management system" to submit the application materials for inclusion in the Catalogue.

(ii) What happens if a technical review is not passed?

Failure to pass the technical review refers to the applicant through the declaration system to submit relevant information, due to non-compliance with the "non-transportation special purpose vehicles with a fixed device technical requirements", incomplete submission of materials, fill in the error, etc., the Ministry of Industry and Information Technology Equipment Industry Development Centre (hereinafter referred to as the Equipment Centre) to give the conclusion of the "not through" situation. For failure to pass the technical review, if the applicant does not accept the equipment centre technical review conclusions, you can re-declare at any time through the reporting system; in the re-declaration, the equipment centre can be equipped to put forward their own views on the technical review conclusions, and to provide the appropriate supporting materials; equipment centre to give the technical review conclusions again. If the applicant still does not accept the conclusion of the technical re-examination of the equipment centre, he or she may consult, suggest, or complain through the 12381 public service telephone platform of the Ministry of Industry and Information Technology, or reflect the relevant issues to the Ministry of Industry and Information Technology in the form of a letter, and the Ministry will handle the matter in accordance with the procedures.

(iii) How are special purpose vehicles included in the Catalogue exempted from taxation?

According to the regulations, for the models listed in the Catalogue, the applicant may mark the tax exemption logo in the vehicle electronic information of the vehicle produced. Based on the tax exemption mark and other information required to be provided for the vehicle purchase tax declaration, the tax authorities will handle the vehicle purchase tax exemption procedures for the taxpayer.

Example: Company A produces a special purpose vehicle on 27 February 2024, the 14th Catalogue issued by the State Administration of Taxation and the Ministry of Industry and Information Technology contains the model of the said vehicle for sale, Company A marks the tax-exempt logo on the vehicle electronic information of the vehicle for sale, and Taxpayer B who purchases the special purpose vehicle can enjoy the tax-exempt policy in accordance with the law on the basis of the tax-exempt logo and other information.

(iv) How to handle tax exemption for special-purpose vehicles that have been sold from the factory before the Catalogue was issued?

According to the regulations, for special-purpose vehicles that have been sold from the factory before the Catalogue was issued, the applicant may mark the tax-exempt logo in the vehicle electronic information of the vehicle sold and re-upload it after the model of the vehicle sold is included in the Catalogue. The taxpayer may apply for tax exemption to the competent tax authorities with the tax exemption mark and other information required to be provided for the vehicle acquisition tax declaration.

Example: Company A sold Taxpayer B a vehicle not listed in the Catalogue on 21 January 2024, and Company A uploaded the electronic information of the vehicle without marking the tax-exempt logo. The 14th Catalogue issued by the SAT and the Ministry of Industry and Information Technology (MIIT) contains the models of the above-sold vehicle, and Company A, after the issuance of the 14th Catalogue, can modify the electronic information of the vehicle purchased by Taxpayer B, mark the tax exemption logo and re-upload it again, and Taxpayer B can enjoy the tax exemption policy in accordance with the law by presenting the tax exemption logo and other information.

(v) How to deal with the inclusion of special-purpose vehicles in the Catalogue after taxpayers have paid the vehicle purchase tax?

After the implementation of Catalogue management, if a taxpayer purchases a special-purpose vehicle and pays the vehicle acquisition tax, and the special-purpose vehicle is subsequently listed in the Catalogue, the applicant may mark the tax-exempt identification in the vehicle electronic information of the vehicle sold and re-upload it after the model of the vehicle sold is listed in the Catalogue. The taxpayer may apply to the competent tax authorities for a tax refund on the basis of the tax exemption mark and other information required to be provided for the vehicle acquisition tax declaration; the competent tax authorities shall refund the tax paid by the taxpayer in accordance with the law.

Example: Company A sold Taxpayer B a vehicle not listed in the Catalogue on 15 January 2024, Taxpayer B paid the vehicle purchase tax after purchasing the vehicle, and then the 14th batch of the Catalogue issued by the SAT and the Ministry of Industry and Information Technology (MIIT) included the model of the above-sold vehicle, Company A could modify the electronic information of the vehicle purchased by Taxpayer B after the release of the 14th batch of the Catalogue by marking the tax-exempt mark and re-uploading it. Taxpayer B can apply for tax refund to the competent tax authorities with the tax exemption mark and other information.

Cai Shui [2024] No. 8 Circular of the Ministry of Finance and the State Administration of Taxation on the Pilot Preferential Policies on Stamp Duty for Offshore Trade in the China (Shanghai) Pilot Free Trade Zone and Lingang New Area

Issuance Date:2024-02-06

Effective Date:2024-04-01

Shanghai Municipal Bureau of Finance and Shanghai Municipal Taxation Bureau of the State Administration of Taxation:

I. In order to support the development of offshore trade in the Pilot Free Trade Zone, we hereby notify you of the following preferential policies on stamp duty for offshore trade on a pilot basis in the China (Shanghai) Pilot Free Trade Zone and Lingang New Area:

Stamp duty is exempted on sale and purchase contracts entered into by enterprises registered in the China (Shanghai) Pilot Free Trade Zone and Lingang New Area to carry out offshore resale business.

Offshore resale, as referred to in this Circular, refers to a transaction in which a resident enterprise purchases goods from a non-resident enterprise and subsequently resells the goods to another non-resident enterprise, and the goods never actually enter or leave the country.

II. This circular shall be effective from 1 April 2024 until 31 March 2025.

LINK

https://fgk.chinatax.gov.cn/zcfgk/c102416/c5221269/content.html

Policy Interpretation

Question 1: What is offshore resale?

A: Offshore resale refers to a transaction in which a resident enterprise purchases goods from a non-resident enterprise and then resells the goods to another non-resident enterprise, without the goods ever actually entering or leaving the country. It follows that offshore resale does not pass through the customs territory and therefore does not involve import and export procedures and is different from onshore re-export trade.

A resident enterprise is an enterprise that is legally established in China, or is established in accordance with the laws of a foreign country (region), but its actual management organ is in China. A non-resident enterprise is an enterprise established in a foreign country (region) in accordance with local laws and regulations, and its actual management organ is not in China.

Simply put, that is, the domestic trader A from the overseas supplier B to buy goods, and then sold to another region of the offshore buyers C, the process of the goods are always outside the flow, not in and out of China's customs; domestic trader A earn profits by earning the difference between the price of the goods, exchange rate differences. Offshore resale trade is a form of trade that separates the flow of goods and the flow of capital, and is one of the new types of trade in line with the general direction of China's trade development.

Question 2: Why should we start with stamp duty exemption for offshore resale transactions?

A: As to why the tax reform for offshore trade in the FTZ started with the reduction of stamp duty for offshore resale transactions, we deduce that there should be the following reasons:

Firstly, stamp duty accounts for a relatively small proportion and has little impact on local fiscal tax revenue, making it suitable for use as a pilot tax for China's reform of expanding openness to the outside world.

Secondly, the reduction of stamp duty is more in line with the characteristics of offshore resale transactions. The characteristic of offshore resale is that domestic traders assume the role of "third-party intermediaries", taking the difference between the sale price and the purchase price as the source of profit; and one of the characteristics of stamp duty is that the basis of tax is the amount listed in the contract. This means that in offshore resale transactions, domestic traders need to bear the burden of stamp duty twice on the basis of the amount of the transaction, which may put a squeeze on their profits, which depend on the price difference.

Thirdly, offshore trade mainly includes offshore resale trade, global procurement, commissioned overseas processing, contracted projects to purchase goods outside the country, etc. From the viewpoint of trade links and processes, and the difficulty of supervision, offshore resale trade is relatively simple, and it is suitable for being the first pilot field.

Question 3: What are the future implications of this policy?

A: Firstly, it will reduce the operating costs of domestic traders and improve the activity of foreign trade market, and at the same time, it will attract more excellent enterprises to station in Shanghai FTZ and Lingang New Area. Secondly, it is conducive to enhancing the international competitiveness of domestic traders, Singapore, Hong Kong, China and other offshore centres with lower corporate income tax rates, stamp duty is basically no longer levied; therefore, this tax incentives, while reducing the cost of enterprises, will further promote the internationalisation of the FTZ. Thirdly, the landing and maturity of this policy is a start, and the follow-up is expected to usher in the further expansion of the scope of preferential policies, such as other types of offshore trade as well as tax incentives for other tax types and so on. Offshore trade modes such as global sourcing, contracting and offshore purchase of goods, and the possible preferential policies behind them, will also have a positive impact on overseas projects in areas such as the "Belt and Road".

编辑 | 泓明新媒体部

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