Compilation of Export Import Policies of September 2022

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Compilation of Export Import Policies of September 2022

泓明链动产业

2022-10-21

导读：链动产业，共创价值！

September 2022

Compilation of Export Import Policies

上海泓明供应链有限公司

Measures of the Customs of the People’s Republic of China for the Administration of Import and Export Commodity Inspection and Acceptance (GACC Decree No. 259)

Issuance Date: September 20, 2022

Effective Date: December 1, 2022

The General Administration of Customs (GACC) issued the Measures of the Customs of the People’s Republic of China for the Administration of Import and Export Commodity Inspection and Acceptance on September 20, 2022. The Measures include 5 chapters and 28 articles. Please refer to the decree document for details.

LINK

http://gdfs.customs.gov.cn/customs/302249/302266/302267/4593093/index.html

Policy Analysis

The legislative intent of the Measures is to regulate the customs inspection and acceptance of import and export commodities. Its stipulation is based on the Law of the People’s Republic of China on Import and Export Commodity Inspection and its Regulations for the Implementation. For the purposes of these Measures, “acceptance” refers to the customs’ acceptance of inspection results from acceptance institutions according to the law as a qualified evaluation base in import and export commodity inspection.

“Acceptance institutions” refer to inspection institutions with qualifications and capacities required by the customs and listed in the acceptance institution catalogue by the GACC. The GACC will improve the informatization level of acceptance by establishing an acceptance management system.

GACC Announcement No.88 of 2022（Announcement on Adjusting the Declaration Requirements for the Customs Declaration Form for Import Goods）

Issuance Date: September 19, 2022

Effective Date: September 19, 2022

For the purpose of making solid progress in preventing and controlling the COVID-19 outbreak for non-cold chain goods at ports, the GACC decided to adjust the requirements for filling in the relevant items in the Customs Declaration Form for Import Goods of the People’s Republic of China and the Recordation List of Import Goods of the Customs of the People’s Republic of China. The adjustments are as follows:

1. The newly added declaration item in the form, “preventative disinfection implemented,” is a checkbox. The answer can be either Yes or No. The domestic consigner of the import goods or their agent of the declaration form that has implemented the “preventative disinfection” can check Yes; otherwise, check No. (According to the Standard of Field Disinfection Evaluation during COVID-19 Epidemic, namely, WS/T 774-2021, “Preventive disinfection is the disinfection of places and items that might have been contaminated by pathogenic microorganisms when there is no clear source of infection.”)

2. For actual inbound goods, “preventative disinfection implemented” and “shipping date” are mandatory items to fill in.

LINK

http://gdfs.customs.gov.cn/customs/302249/302266/302267/4593098/index.html

Policy Analysis

Definition of preventive disinfection: disinfection of places and items that might have been contaminated by pathogenic microorganisms when there is no clear source of infection. Source: WS/T 774-2021 3.1.

How to fill:

For first-line imports, fill in No in case of advance declaration. In case of regular declaration, the goods owner or the loading/unloading unit should judge according to Document No. 94 of 2021 of the joint epidemic prevention and control mechanism. Fill in Yes if they can provide a disinfection proof; fill in No if there is no such proof.

For second-line writing-off, fill in No because, for the moment, it is impossible to perform preventative disinfection in bonded warehouses following the document mentioned above.

Measures of the Customs of the People’s Republic of China for the Supervision of Transit Goods (GACC Decree No. 260)

Issuance Date: September 26, 2022

Effective Date: November 1, 2022

The General Administration of Customs (GACC) issued the Measures of the Customs of the People’s Republic of China for the Supervision of Transit Goods on September 26, 2022. The Measures include 22 articles. Please refer to the decree document for details.

LINK

http://gdfs.customs.gov.cn/customs/302249/302266/302267/4602072/index.html

Policy Analysis

The legislative intent of the Measures is to strengthen the supervision and management of the customs of transit goods, safeguard China’s sovereignty, security, and interests, and promote the facilitation of commerce. For the purposes of these Measures, “transit goods” refer to goods shipped from outside of China and transported outbound by land through China. The Measures supplemented and modified the Measures of the Customs of the People’s Republic of China for the Supervision of Transit Goods promulgated on September 1, 1992.

Announcement of the State Administration for Market Regulation on Issuing 24 National Metrology Specifications, including the Verification Regulation of Liquid Operated Piston Gauge

Issuance Date: September 27, 2022

Effective Date: September 27, 2022

In accordance with the relevant provisions of the Metrology Law of the People’s Republic of China, the State Administration for Market Regulation (SAMR) approved the issuance and implementation of 24 national metrology specifications, including the Verification Regulation of Liquid Operated Piston Gauge.

With regard to the Calibration Specification for the Testing System for Integrated Circuits Electrostatic Discharge Sensitivity, the JJF 1238—2022 version replaced JJF 1238—2010.

LINK

https://gkml.samr.gov.cn/nsjg/jls/202209/t20220928_350429.html

GACC Notice on Soliciting Public Opinions on the Administrative Penalty Discretionary Benchmark I of the Customs of the People’s Republic of China (Consultation Paper)

Issuance Date: October 1, 2022

Effective Date: October 1, 2022

For the purposes of dealing with customs administrative penalty cases following the law, further regulating the execution of the customs right of penalty discretion, and ensuring the precise and effective implementation of laws, administrative regulations, and customs regulations, such as the Law of the People’s Republic of China on Administrative Penalty, the Customs Law of the People’s Republic of China, the Law of the People’s Republic of China on Prevention and Control of Environmental Pollution by Solid Waste, the Regulations for the Implementation of the Law of the People’s Republic of China on Administrative Penalty, the Provisions of the Customs of the People’s Republic of China on the Procedures for Handling Administrative Penalty Cases, in customs administration penalty, the GACC drafted the Administrative Penalty Discretionary Benchmark I of the Customs of the People’s Republic of China (Consultation Paper).

For the purpose of better safeguarding the legitimate rights and interests of citizens, legal persons, or other organizations, in accordance with the Opinions of the General Office of the State Council on Further Regulating the Formulation and Management of the Administrative Penalty Discretionary Benchmark (Guo Ban Fa No. 27 of 2022) and the Notice of the General Office of the State Council on Strengthening the Formulation, Supervision, and Management of administrative regulatory documents (Guo Ban Fa No. 37 of 2018), the GACC is now soliciting public opinions.

LINK

http://hangzhou.customs.gov.cn/customs/302452/302329/zjz/4600961/index.html

Decree No. 51 of the National Development and Reform Commission of the People’s Republic of China

Issuance Date: July 26, 2022

Effective Date: September 1, 2022

The Decision on Modifying and Repealing Part of Regulations, Administrative Regulatory Documents and General Policy Documents was reviewed and adopted by the 21st Commission Affairs Session of the National Development and Reform Commission (NDRC) on June 27, 2022 and is hereby released. It shall come into effect as of September 1, 2022.

LINK

https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202208/t20220808_1332755.html?code=&state=123

Policy Analysis

The NDRC released the Decision on Modifying and Repealing Part of Regulations Administrative Regulatory Documents and General Policy Documents, which shall come into effect as of September 1, 2022. The Decision modified 12 regulations, administrative regulatory documents, and general policy documents, including the Interim Provisions on the Management of Foreign Debts, and repealed 59 regulations, administrative regulatory documents, and general policy documents, including the Inspection Measures for Major State Construction Projects.

GACC Announcement No. 79 of 2022 (Announcement on Adjusting the Catalogue of Import and Export Commodities Subject to Compulsory Inspection)

Issuance Date: August 30, 2022

Effective Date: October 1, 2022

In accordance with the Law of the People’s Republic of China on Import and Export Commodity Inspection and its Regulations for the Implementation, the GACC decided to adjust the catalogue of import and export commodities subject to compulsory inspection. The following matters are announced: Customs supervision condition “A” was canceled for 87 commodities with ten-digit customs commodity codes, including non-hazardous metal materials and their products, processing devices for the electronics industry, drying devices and appliances. Customs will no longer conduct import inspection to these commodities. This Announcement shall come into force as of October 1, 2022.

LINK

http://gdfs.customs.gov.cn/customs/302249/302266/302267/4548521/index.html

Policy Analysis

In accordance with Article IV of the Law of the People’s Republic of China on Import and Export Commodity Inspection, the import and export commodities shall be inspected in adherence to the principles of protecting human health and safety, animal and plant life and health, and the environment; preventing deceptive practices and preserving security of the State. The State administration for commodity inspection shall compile and readjust the catalogue of import and export commodities subject to compulsory inspection (hereinafter referred to as the Catalogue, in short) and publish it for implementation.

Based on the identified cases below the standard in statutory inspections, the surveillance of risks, and the adjustments and requirements of state policies in recent years, the GACC performed a risk assessment of the quality and security of import and export commodities. They made real-time dynamic adjustments to the Catalogue per the conclusion of the evaluation.

The principal adjustments include: Customs supervision condition “A” was canceled for 87 commodities with ten-digit customs commodity codes. Customs will no longer conduct import inspection to these commodities. The codes of 2 light textile products, 61 metal materials and their products, 2 drying devices and processing devices for the electronics industry, and 2 other commodities were involved.

Update of Customs Commodity Codes (Effective as of September 15, 2022)

Issuance Date: September 15, 2022

Effective Date: September 15, 2022

The September 15 update involved 389 customs commodity codes, a total of 885 update records.

LINK

https://mp.weixin.qq.com/s/IWvXvf7p0px7BnqWJkdk9Q

Policy Analysis

(1) Among the 426 expired customs commodity codes, 106 expirations were about the brand type, one of the declaration items; 106 concerned the basic information; and the other 214 were about the CIQ code.

(2) Among the 344 newly added customs commodity codes, 172 additions concerned the basic information and the other 172 were about the brand type, a declaration item.

(3) Among the 115 modifications of customs commodity codes, 109 concerned the commodity name and the supervision method and the other 6 concerned declaration items.

HMG already updated the commodity management system accordingly in time.

Update of Customs Commodity Codes (Effective as of September 16, 2022)

Issuance Date: September 16, 2022

Effective Date: September 16, 2022

The September 16 update involved 285 customs commodity codes, a total of 547 update records.

LINK

https://mp.weixin.qq.com/s/Mp3uD40G8yvAq0IZ1VoDzA

Policy Analysis

It was a subsequent update of the CIQ codes of the HS codes adjusted on September 15. Three statuses of CIQ were involved: modified, added, and expired.

(1) Added CIQ codes: 400.

(2) Modified CIQ codes: 131.

(3) Expired CIQ codes: 16.

HMG already updated the commodity management system accordingly in time.

Update of Customs Commodity Codes (Effective as of September 21, 2022)

Issuance Date: September 21, 2022

Effective Date: September 21, 2022

The September 21 update involved 30 customs commodity codes, a total of 54 update records.

LINK

https://mp.weixin.qq.com/s/WsBtWUcZ3TyaGCfDomaUnQ

Policy Analysis

The updates are summarized as follows:

(1) Modified: 13 CIQ codes;

(2) Added: 32 CIQ codes;

(3) Expired: 9 CIQ codes.

HMG already updated the commodity management system accordingly in time.

NMPA Announcement on Approving the Registration of 210 Medical Devices (August of 2022) (No. 78 of 2022)

Issuance Date: September 16, 2022

Effective Date: September 16, 2022

In August, 2022, the National Medical Products Administration (NMPA) approved the registration of 210 medical devices, including 161 domestic Class III medical devices, 25 imported Class III medical devices, 22 imported Class II medical devices, and 2 medical devices from Hong Kong, Macao, and Taiwan. See the annex of the announcement for the detail.

LINK

https://www.nmpa.gov.cn/xxgk/ggtg/ylqxpzhzhcchpgg/20220916144510121.html

NMPA Announcement on Converting 92 Compulsory Medical Device Industry Standards and Projects in Research to Recommended Medical Device Industry Standards and Projects in Research (No. 76 of 2022)

Issuance Date: September 7, 2022

Effective Date: September 7, 2022

Based on the conclusion of the optimization and evaluation of the compulsory medical device industry standards, the NMPA converted 86 of them to recommended industry standards, including the Lens ultrasonic removal and vitrectomy devices for ophthalmic surgery (see annex 1). Starting from the date of promulgation, their standard codes shall be changed from YY to YY/T, while the order number and year code remain the same. Meanwhile, six compulsory medical device industry standards in research, including the Radio frequency ablation instrument for liver, were converted to recommended industry standards in research (see annex 2). The decision is hereby announced.

LINK

https://www.nmpa.gov.cn/xxgk/ggtg/ylqxhybzhgg/20220909154942114.html

GACC Notice on Issuing the Several GACC Measures for Supporting the Comprehensive Deepening of Reform and Opening Up in Shenzhen-Hong Kong Modern Service Industry Cooperation Zone in Qianhai (Shu Zong Han No. 137 of 2022)

Issuance Date: September 7, 2022

Effective Date: September 7, 2022

The GACC formulated 18 measures to carry out in depth the decisions and deployments of the CPC Central Committee and the State Council, fully implement the requirements of the Plan for Comprehensive Deepening Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, and support the cooperation zone in Qianhai to build a pilot platform for comprehensively deepening reform and innovation in the Guangdong-Hong Kong-Macao Greater Bay Area and develop a high-level gateway hub for opening-up. The measures were released on September 7, 2022.

I. Supporting the creation of a big data service platform for cross-border e-commerce in Qianhai;

II. Carrying out cooperation of “soft connectivity” between the regulations and systems in Shenzhen and Hong Kong;

III. Advancing the acceptance of the inspection results of some commodities under compulsory inspection imported from Hong Kong;

IV. Expanding the health quarantine inspection cooperation between Shenzhen and Hong Kong;

V. Supporting the facilitation of cross-border circulation of biological substances intended for scientific research;

VI. Driving the efficient and convenient circulation of liquor products between Shenzhen and Hong Kong;

VII. Providing services for Hong Kong and Macau enterprises to establish their presence in Qianhai.

VIII. Ensuring the Hong Kong cross-border residents’ need for special medications can be satisfied;

IX. Facilitating individual trips with pets between Shenzhen and Hong Kong;

X. Strengthening Qianhai’s role as a comprehensive hub.

XI. Optimizing the quarantine inspection and supervision of inbound biological materials intended for scientific research;

XII. Assisting the development of the international exhibition industry in Qianhai;

XIII. Upgrading the construction of comprehensive bonded zones with characteristics of the modern service industry of Shenzhen and Hong Kong;

XIV. Optimizing the inspection modes of imported foodstuff;

XV. Supporting the construction of an offshore spot market for soybeans;

XVI. Supporting the construction of an international trading center for electron components and integrated circuits;

XVII. Supporting duty-free consumption with better quality and higher efficiency;

XVIII. Supporting the coordinated development of the Qianhai-Shekou Free Trade Pilot Zone and the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone.

LINK

http://gdfs.customs.gov.cn/customs/302249/zfxxgk/zfxxgkml34/4559289/index.html

Notice of the Ministry of Commerce on Issuing Several Policies and Measures for Supporting the Stable Development of Foreign Trade (Shang Mao Fa No. 152 of 2022)

Issuance Date: September 27, 2022

Effective Date: September 27, 2022

Opening up is a basic state policy of China. Import and export can support stable growth and stable employment vigorously, so it is necessary to make more efforts to stabilize foreign trade. Approved by the State Council, the Ministry of Commerce will issue Several Policies and Measures for Supporting the Stable Development of Foreign Trade.

I. Guaranteeing production and contract fulfillment and supporting superior products to expand the international market;

II. Providing active support to enterprises to take part in all sorts of exhibitions and gain orders;

III. Holding a successful online session of the 132th China Import and Export Fair (Canton Fair);

IV. Playing foreign trade’s role as an innovation platform;

V. Playing cross-border e-commerce’s role in stabilizing foreign trade further;

VI. Promoting smooth commerce further.

LINK

http://www.mofcom.gov.cn/article/zwgk/gkzcfb/202209/20220903351830.shtml

Announcement of the Ministry of Finance, the State Taxation Administration, and the Ministry of Science and Technology on Increasing Pre-tax Deduction for Scientific and Technological Innovations (No. 28 of 2022)

Issuance Date: September 22, 2022

Effective Date: September 22, 2022

To support the innovative development of high-tech enterprises and promote their equipment and technology upgrades, the Ministry of Finance, the State Taxation Administration, and the Ministry of Science and Technology announced the pre-tax deduction policies for income tax.

I. New equipment and devices that high-tech enterprises purchase between October 1 and December 31, 2022, are allowed to be completely excluded from the calculation of the year's taxable income. Furthermore, additional pre-tax deductions are allowed to cover 100% of such expenses.

II. Enterprises eligible for a 75% coverage of additional pre-tax deductions for applicable R&D expenses can enjoy a 100% coverage between October 1 and December 31, 2022.

LINK

http://beijing.chinatax.gov.cn/bjswj/c104758/202210/7bed67e8f6704a9baa09755820ab657d.shtml