December 2022
Compilation of Export Import Policies
In December 2022, China's total import and export value was US $630.96 billion, a year-on-year increase of 2.5% compared with November this year, and a year-on-year decrease of 8.9% compared with December last year. In terms of exports, the export value in December was 306.08 billion US dollars, up 3.7% month-on-month compared with November this year, and down 9.9% year-on-year compared with December last year; In terms of imports, the import value in December was 228.07 billion US dollars, up 0.1% month-on-month compared with November this year, and down 7.5% year-on-year compared with December last year. The trade surplus of goods in December was US $78.01 billion, and the cumulative amount from January to December was US $877.6 billion.
In December 2022, China's import of mechanical and electrical products was 606.71 (export 1249.74) billion yuan, and the cumulative import of mechanical and electrical products from January to December was 6.9 (export 13.6) trillion yuan, a year-on-year decrease of 6.4% (export growth of 7.0%); Among them, in December, the import of integrated circuits was 399 (export 21.63) billion, with a value of 243.28 (export 96.42) billion yuan. From January to December, the import of integrated circuits was 2766.27 (export 1025.44) billion yuan, a year-on-year decrease of 0.9% (export growth of 2.3%). In December, medical instruments were 8.98 (export 11.68) billion yuan, and imports from January to December were 9.68 (export 127.35) billion yuan, down 4.5% year-on-year (export down 2.8)%.
Announcement No. 122 of 2022 of the General Administration of Customs (GACC) (Announcement on the Relevant Matters concerning the Implementation of the Catalogue of Encouraged Industries for Foreign Investment (Edition 2022))
Issuance Date: December 5, 2022
Effective Date: January 1, 2023
Order No. 52 of the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) issued the Catalogue of Encouraged Industries for Foreign Investment (Edition 2022) (the “2022 Catalogue”), which shall take effect as of January 1, 2023. In accordance with the Circular of the State Council concerning the Adjustment in the Taxation Policy of Imported Equipment (GuoFa [1997] No. 37, the “GuoFa No. 37”) and other relevant regulations, the matters relevant to the implementation are now announced below:
Starting January 1, 2023, except for goods listed in the Catalogue of Imported Goods Not Exempted from Tax for Foreign-Funded Projects and the Catalogue of Imported Crucial High-Tech Equipment and Products Not Exempted from Tax, imported self-use equipment within the total investment and techniques, parts and components, and spare parts imported along with the equipment as mentioned earlier under contracts for foreign-funded projects (including capital increase projects, here and below) within the scope of the 2022 Catalogue will be exempt from tariffs following GuoFa No. 37, the GACC Announcement No. 103 of 2008, and other relevant regulations. Still, according to the applicable provisions, they shall be subject to the import value-added tax.
Imported self-use equipment and techniques, parts and components, and spare parts imported along with the equipment as mentioned earlier under contracts for ongoing foreign-funded projects out of the scope of the 2020 Catalogue but within the content of the 2022 Catalogue will enjoy preferential tax policies for import following Article 1 of this Announcement. However, the already levied taxes on imported equipment will not be refunded.
http://gdfs.customs.gov.cn/customs/302249/302266/302267/4767548/index.html
The new catalogue adopted the structure of the 2020 edition, which includes two parts: the Catalogue of Encouraged Industries for Foreign Investment Nationwide (the National Catalogue), which is applicable nationwide, and the Catalogue of Encouraged Industries for Foreign Investment in Central and Western Regions (the Catalogue in Central and Western Regions), which applies to central and western regions, the Northeast China region, and Hainan Province. This revision mainly involved changes in three aspects: 1. To continue encouraging foreign investment in advanced manufacturing industries; 2. To continue encouraging foreign investment in the modern service industry; 3. To continue encouraging foreign investment in the encouraged industries in central and western regions and the Northeast China region.
GACC Announcement No. 127 of 2022 (Announcement on the China Customs Statistical Data Release Calendar)
Issuance Date: December 22, 2022
Effective Date: December 22, 2022
To satisfy the public’s need to use the customs statistical data, following the relevant rules of the Regulations of the People’s Republic of China on Customs Statistics, the 2023 Statistical Data Release Calendar of China Customs (the annexed calendar as shown in the below screenshot) is now released.
http://gdfs.customs.gov.cn/customs/302249/302266/302267/4767596/index.html
The customs statistics aims to perform statistical investigation, analysis, and supervision of import and export trades, to monitor imports and exports and provide early warning, to formulate, manage, and release customs statistical data, and to provide statistical services. Enter the Statistics section of the GACC website and look for monthly customs data (both available in CNY and USD), in which you can find China’s Total Export & Import Values, China’s Total Export & Import Values by Country/Region, China’s Major Imports and Exports by Quantity and Value, and China’s Total Export & Import Values by Trade Mode, etc.
GACC Announcement No. 129 of 2022 (Announcement on the Implementation of New Matters of the RCEP)
Issuance Date: December 23, 2022
Effective Date: January 2, 2023
In accordance with the Administrative Measures of the Customs of the People’s Republic of China for the Places of Origin of Import and Export Goods under the RCEP (GACC Decree No. 255, the “Measures”), the relevant matters are now announced below:
1. Based on the Harmonized Commodity Description and Coding System (the “Harmonized System”) of 2022 published by the World Customs Organization, the members of the Regional Comprehensive Economic Partnership (the “RCEP”) reached an agreement regarding the conversion of product names and codes under the product-specific rules from the 2012 Harmonized System to the 2022 version. Following Article III and Article XVIII of the Measures, the product-specific rule list and the format of certificates of origin under the RCEP after the conversion are now announced and shall take effect as of January 1, 2023. Annexes 1 and 3 of GACC Announcement No. 106 of 2021 shall be aborted simultaneously.
2. As of January 2, 2023, Indonesia will be added to the members indicated in Article II of the Measures, and the List of Special Goods Exported to Indonesia will be added to the Special Goods Lists indicated in Article XIV (see Annex 3). Certificates of Origin oriented to Indonesia under the RCEP are self-service printable. Relevant matters shall be implemented following the GACC Announcement No. 77 of 2019.
http://gdfs.customs.gov.cn/customs/302249/302266/302267/4767602/index.html
This Announcement is a supplement to the Administrative Measures of the Customs of the People’s Republic of China for the Places of Origin of Import and Export Goods under the RCEP (GACC Decree No. 255). It updated two annexes: the product-specific rule list and the format of certificates of origin. A new country will become a RCEP member state: Indonesia will ratify the RCEP as of January 2, 2023.
Announcement No. 132 of the General Administration of Customs, the National Development and Reform Commission, and the Ministry of Commerce of 2022 (Announcement on Fully Implementing the Online Check of Three Certificates, including the Certificate of Import Tariff Quotas of Agricultural Products of the People’s Republic of China)
Issuance Date: December 26, 2022
Effective Date: January 1, 2023
For the purposes of further optimizing the business environment at ports and promoting the facilitation of cross-border trade, based on the early-stage pilot programs, the GACC, the NDRC, and the MOFCOM decided to fully implement the online check of electronic data of three certificates, including the Certificate of Import Tariff Quotas of Agricultural Products of the People’s Republic of China, as of January 1, 2023. The relevant matters are now announced below:
1. Electronic data online check will be implemented for the Certificate of Import Tariff Quotas of Agricultural Products of the People’s Republic of China, the Certificate of Import Tariff Quotas of Chemical Fertilizers of the People’s Republic of China, and the Certificate of Imported Cotton Tariff Quotas of Preferential Duty Rates outside Import Tariff Quotas (the “Tariff Quota Certificates”) and customs declaration forms.
2. The NDRC and the Ministry of Commerce will no longer issue paper Tariff Quota Certificates and will issue electronic certificates instead and transmit the electronic data to customs. Enterprises will go through import formalities with customs using electronic Tariff Quota Certificates. Customs will call the electronic data of the corresponding certificate and customs declaration form for checking purpose. For paper Tariff Quota Certificates still in the period of validity, enterprises can go through import formalities with customs using the paper certificates.
3. The electronic Tariff Quota Certificates can be used unlimited times. With no restriction on trade modes, the Tariff Quota Certificates apply to imports of general trades, processing trades, barter trades, small-volume trades at the border, assistance, and donation.
4. Enterprises using the Tariff Quota Certificates to go through import formalities with customs should fill in the correct certificate code and number and the correspondence between the item in the customs declaration form and the one in the certificate (see the annex for the filling requirements). Importers and import users of the Certificate of Import Tariff Quotas of Chemical Fertilizers of the People’s Republic of China should correspond to the consigner or consignee and the consuming and using unit in the customs declaration form, respectively. In the case of the Certificate of Import Tariff Quotas of Agricultural Products of the People’s Republic of China and the Certificate of Imported Cotton Tariff Quotas of Preferential Duty Rates outside Import Tariff Quotas, the end user name of goods imported through processing trade mode should be consistent with the consuming and using unit or consigner/consignee in the customs declaration form; the end user name of goods imported through other trade modes should be consistent with the consuming and using unit in the customs declaration form.
5. In accordance with Article XV of the Regulations of the People’s Republic of China on Import and Export Duties, which stipulates pre-declared goods “should apply the tax rate implemented when the vehicle carrying the goods is declared to enter the territory,” for goods chosen for pre-declaration, the Tariff Quota Certificates should be valid when Customs accepts the declaration of goods and the vehicle is declared to enter the territory. Those who choose the Two-Step Declaration should declare per the certification mode.
6. For goods using Tariff Quota Certificates by country and conforming to the relevant rules of the Free Trade Agreement between the People’s Republic of China and New Zealand, the Free Trade Agreement between the People’s Republic of China and Australia, and the Free Trade Agreement between the People’s Republic of China and the Republic of Mauritius, the “Benefits under Preferential Trade Agreement” should also be filled in following the requirements of GACC Announcement No. 34 of 2021.
7. If any issue arises, please contact the customer support of the China International Trade Single Window for a solution. Tel: 010-95198.
http://gdfs.customs.gov.cn/customs/302249/302266/302267/4767734/index.html
GACC Announcement No. 135 of 2022 (Announcement on Implementing the 2023 Tariff Adjustment Plan and Other Policies)
Issuance Date: December 30, 2022
Effective Date: January 1, 2023
In accordance with the Announcement of the Customs Tariff Commission of the State Council (CTCSC) on the 2023 Tariff Adjustment Plan (CTCSC Announcement No. 11 of 2022), the import and export tariffs on certain commodities will be adjusted as of January 1, 2023. The matters relevant to customs clearance are announced below to ensure the correct implementation.
1. Declaration requirements for HS codes involving import and export tax policies
For the effective implementation of the 2023 MFN tariffs on information technology products, the provisional tariffs on imports and exports, the import value-added tax policies on anticancer drugs and rare disease drugs, the import consumption tax policies on some oil products, the exclusion list of U.S. products subject to additional tariffs, etc., the GACC split the 10-digit HS codes for specific commodities subject to import and export tax policies and formulated the 2023 Correspondence Table between the HS Codes and Specific Imported and Exported Information Technology Products, the 2023 Correspondence Table between the HS Codes and Specific Imported and Exported Products Subject to Provisional Tariffs, the 2023 Correspondence Table between the HS Codes and Some Specific Imported and Exported Products Subject to Import Value-added Tax Policies and Consumption Tax Policies, and the 2023 Correspondence Table between the HS Codes and Specific Imported and Exported Products Included in the Exclusion List of U.S. Products Subject to Additional Tariffs (see annexes 1-4). While importing and exporting products that conform to the pertinent tax policies, relevant enterprises should declare them according to the aforementioned HS code correspondence tables. As to the applicable scope of the policies, the 2023 Tariff Adjustment Plan and the content stipulated by the import value-added tax and consumption tax policies shall prevail.
2. Matters concerning the query of taxable items, tax rates, and declaration norms
Taxable items and tax rates adjusted following the 2023 Tariff Adjustment Plan and the Catalogue of Declaration Norms of Import and Export Goods of the Customs of the People’s Republic of China (2023 Edition) are available for querying at the GACC portal for reference of customs clearance.
3. Commodity classification decisions and administrative rulings
In accordance with the Interim Measures of the People’s Republic of China on the Administration of Administrative Rulings of the Customs (GACC Decree No. 92) and the Provisions of the General Administration of Customs of the People’s Republic of China on the Administration of the Commodity Classification of Import and Export Goods (GACC Decree No. 252), lists of invalidated commodity classification decisions and administrative rulings for reasons such as the adjustment of taxable items will be published at the GACC portal and be updated dynamically.
http://gdfs.customs.gov.cn/customs/302249/302266/302267/4767815/index.html
The 2023 Customs Tariff includes 8,948 taxable items.
(1) China will impose provisional import tariffs on 1,020 commodities (excluding tariff quota commodities). The country will levy provisional import tariffs on seven coal products until March 31, 2023, and resume the MFN tariffs for them as of April 1, 2023. It will implement provisional import tariffs on one Information Technology Agreement expansion product until June 30, 2023, and resume zero MFN tariffs for the product as of July 1, 2023.
(2) China will continue implementing tariff quota management on eight commodities, including wheat, and the tariffs will remain the same.
(3) China will continue levying export tariffs on 106 commodities, including ferrochrome, and raise the export tariffs on aluminum and some aluminum alloys.
Announcement of the Ministry of Commerce and the General Administration of Customs on Promulgating the Catalogue of Commodities Subject to Automatic Import Licensing Administration (2023) (MOFCOM Announcement No. 39 of 2022)
Issuance Date: December 10, 2022
Effective Date: January 1, 2023
In accordance with the Foreign Trade Law of the People’s Republic of China, the Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods, the Measures for the Administration of Automatic Import License of Goods, the Measures for the Implementation of Automatic Import License of Electromechanical Products, and other laws, administrative regulations, and rules, the Catalogue of Goods Subject to Automatic Import Licensing Administration (2023) and the relevant matters are now announced.
http://www.mofcom.gov.cn/article/zcfb/zcblgg/202212/20221203376699.shtml
Announcement of the Ministry of Commerce and the General Administration of Customs on Promulgating the Catalogue of Goods Subject to Export Licensing Administration (2023) (MOFCOM Announcement No. 40 of 2022)
Issuance Date: December 30, 2022
Effective Date: January 1, 2023
In accordance with the Foreign Trade Law of the People's Republic of China, the Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods, the Regulation on the Administration of Ozone Depleting Substances, the Measures for the Administration of License for the Export of Goods, and other laws, administrative regulations, and rules, the Catalogue of Goods Subject to Export Licensing Administration (2023) (the “Catalogue”) and the relevant matters are now announced.
http://www.mofcom.gov.cn/article/zcfb/zcblgg/202212/20221203376706.shtml
Announcement of the Ministry of Commerce and the General Administration of Customs on Promulgating the Catalogue of Goods Subject to Import Licensing Administration (2023) (MOFCOM Announcement No. 41 of 2022)
Issuance Date: December 30, 2022
Effective Date: January 1, 2023
In accordance with the Foreign Trade Law of the People’s Republic of China, the Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods, the Regulation on the Administration of Ozone Depleting Substances, the Measures for the Administration of License for the Import of Goods, the Measures for the Administration of the Import of Electromechanical Product, the Measures for the Administration of the Import of Key Used Electromechanical Products, and other laws, administrative regulations, and rules, the Catalogue of Goods Subject to Import Licensing Administration (2023) is now announced.
http://www.mofcom.gov.cn/article/zcfb/zcblgg/202212/20221203376708.shtml
Announcement of the Ministry of Commerce and the General Administration of Customs on Promulgating the Catalogue of Dual-Use Items and Technologies Subject to Import and Export Licensing Administration (2023) (MOFCOM Announcement No. 42 of 2022)
Issuance Date: December 30, 2022
Effective Date: January 1, 2023
In accordance with the Export Control Law of the People’s Republic of China, the Measures for the Administration on Import and Export License for Dual-use Items and Technologies (MOFCOM and GACC Decree No. 29 of 2005), and the Customs Import and Export Tariff of the People’s Republic of China of 2023, the MOFCOM and the GACC adjusted the Catalogue of Dual-use Items and Technologies Subject to Import and Export Licensing Administration. The adjusted Catalogue (see the annex) is now released.
http://www.mofcom.gov.cn/article/zcfb/zcblgg/202212/20221203376668.shtml
The MOFCOM releases the new list of restricted export goods at the end of every December. Enterprises need to perform an update based on the new catalogue to lower the chance of your declaration being rejected by customs, to regulate the export management of goods and technologies, and to safeguard the state’s economic security.
MOFCOM Announcement No. 37 of 2022 on the Ruling on Expiry Review of Anti-Dumping Measures Applicable to Imported Dispersion Unshifted Single-Mode Optical Fibers Originating in Japan and South Korea
Issuance Date: December 31, 2022
Effective Date: January 1, 2023
As of January 1, 2023, importers should pay the corresponding anti-dumping tariffs to the People’s Republic of China while importing dispersion unshifted single-mode optical fibers originating in Japan and South Korea. The anti-dumping tariffs are to be determined based on the dutiable value approved by customs. The equation is: anti-dumping tariffs = customs dutiable value x anti-dumping tariff rate. The import value-added tax is to be determined based on the taxable value, which is the sum of the dutiable value approved by customs, the customs duties, and the anti-dumping tariffs.
In accordance with the MOFCOM Announcement No. 96 of 2004, the MOFCOM Announcement No. 19 of 2008, the MOFCOM Announcement No. 36 of 2009, the MOFCOM Announcement No. 92 of 2010, the MOFCOM Announcement No. 44 of 2011, the MOFCOM Announcement No. 37 of 2012, the MOFCOM Announcement No. 9 of 2013, and the MOFCOM Announcement No. 78 of 2016, the anti-dumping tariff rates to be levied on the relevant companies are shown below:
Japanese companies: 46% for all Japanese companies
Korean companies: 1. 9.1% for LS Cable & System Ltd.; 2. 7.9% for TAIHAN Fiberoptics Co., Ltd.; 3. 46% for the rest of Korean companies.
Name of the product in question: Dispersion Unshifted Single-Mode Optical Fiber This product is under the tariff line 90011000 in the Customs Import and Export Tariff of the People’s Republic of China. Optical fibers, optical fiber bundles, and optical cables of other models under the same tariff line are not included.
http://www.mofcom.gov.cn/article/zcfb/zcblgg/202212/20221203376779.shtml
Anti-dumping refers to the countermeasures adopted against dumping foreign commodities in the domestic market. This Announcement adopts the countermeasure against the dumping of commodities from Japan and Korea in the Chinese market, which is to continue levying anti-dumping tariffs on imported Dispersion Unshifted Single-Mode Optical Fibers originating in Japan and Korea for five years. Please refer to the Announcement for the anti-dumping tariff rates. Equivalent to a kind of surtax, anti-dumping tariffs are customs duties levied in addition to general import taxes. They are effective in dealing with and resisting imported foreign goods dumping.
The Decision of the Standing Committee of the National People’s Congress of China on Modifying the Foreign Trade Law of the People’s Republic of China
Issuance Date: December 30, 2022
Effective Date: December 30, 2022
The 38th session of the Standing Committee of the 13th National People’s Congress of China decided to make the following modification to the Foreign Trade Law of the People’s Republic of China: to delete Article IX. The decision shall take effect as of the date of promulgation. The Foreign Trade Law of the People’s Republic of China shall be rereleased after the corresponding modification following this decision has been made and the article order has been adjusted.
The deleted Article IX stipulates: “Foreign trade dealers engaged in import and export of goods or technologies shall register with the authority responsible for foreign trade under the State Council or its authorized bodies unless laws, regulations and the authority responsible for foreign trade under the State Council do not so require. The specific measures for registration shall be laid down by the authority responsible for foreign trade under the State Council. Where foreign trade dealers fail to register as required, the Customs authority shall not process the procedures of declaration, examination and release for the imported and exported goods.”
http://www.npc.gov.cn/npc/c30834/202212/1fb87c771e914c30918cf750b69cbaa6.shtml
Local commerce authorities shall stop filing and registering foreign trade operators. The relevant authorities will no longer require market entities applying for certain certificates and qualifications to provide foreign trade operator filing and registration records. The certificates and qualifications in regard include import and export licenses, technology import and export contract registration certificates, quotas, and State-operated trade certificates. Enterprises engaged in exports (trade companies) no longer need to go to the Ministry of Commerce to go through the formalities to file and register foreign trade operators. (Note: Those who ship in their names or declare to customs on their own still need to file customs consigners/consignees. Export enterprises that need tax refunds still need to file tax refund qualification.)
The cancelation of foreign trade operator filing and registration means as long as enterprises finish business registration by law, they will be automatically entitled to import and export operations and be engaged in foreign trades. It is another progress of China’s decentralization in trade.
Notice of the Certification and Accreditation Administration on Adjusting and Optimizing the Compulsory Product Certification Procedures of Electrical and Electronic Products (GuoRenJian [2022] No. 5)
Issuance Date: December 30, 2022
Effective Date: December 2, 2022
For the purpose of implementing in-depth the Opinions of the General Office of the State Council on Deepening the Reform of the Management System of the Electrical and Electronics Industry (GuoBanFa [2022] No. 31), the Certification and Accreditation Administration decided to adjust and optimize the compulsory product certification procedures of electrical and electronic products, such as wires and cables, electrical accessories, equipment for domestic and similar use, electrical products and safety accessories, lighting appliances, and explosion-proof appliances, to further improve the accuracy and effectiveness of the implementation of certification and reduce the time and cost needed for enterprises to get certified. The relevant matters are hereby notified below:
1. To improve the classification management of production enterprises
2. To refine the before-certification factory examination
3. To optimize the after-certification supervision and examination
4. To ensure enterprises choose the test lab on their own
http://www.gov.cn/zhengce/zhengceku/2022-12/08/content_5730668.htm
The United States declared to extend tariff exclusions on 352 Chinese import commodities.
Issuance Date: December 16, 2022
Effective Date: December 16, 2022
The Office of the United States Trade Representative in Washington declared today to extend tariff exclusions on 352 Chinese import commodities whose exclusion was supposed to expire at the end of 2022 for nine months. The exclusion of these products not subject to additional tariffs was first resumed on March 28, 2022. This extension will help to combine the further review of these inapplicable products with the ongoing comprehensive review performed once every four years.
https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/december/ustr-extends-exclusions-china-section-301-tariffs
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