On 12 April 2023, China’s regulators on cybersecurity and product standardization, including the Cyberspace Administration of China, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Finance and the China National Certification and Accreditation Administration, jointly published a Circular to announce changes to the licensing regimes for network products distributed in the Chinese market.
The Ministry of Commerce of China initiated an antidumping and countervailing duty administrative review of barley from Australia, effective from 14 April 2023. For all Australian barley exporters, this is an opportunity to revoke the existing antidumping and countervailing duties and resume exportation to China.
The Chinese Ministry of Commerce announced on 12 April 2023 that it has initiated a trade barrier investigation involving 2,455 categories of Chinese products that may be subject to import restrictions or prohibition in Taiwan, including agriculture, mineral, chemical, and textile products. The outcome is expected to be announced by 12 October 2023, or 12 January 024 if the investigation is extended. Due to the current geopolitical tension between Taiwan and China, it is possible that the investigation may be expedited.
Post-importation transfer pricing adjustments have always presented great challenge for multinational companies doing business in China due to the lack of formal nationwide mechanism which simultaneously addresses the tax, customs and foreign exchange administration requirements, in order to allow customs valuation adjustment to be made in response to a post-importation TP adjustment.
While a TP and customs aligned approach which was introduced in a pilot program in Shenzhen in 2022 allows retroactive TP adjustment to be made with respect to imported goods, the application of the pilot program is currently limited to companies registered in Shenzhen which have in place advanced pricing arrangements with the China tax authority.
Heightened sanctions and export controls targeting key technologies and the TMT sector are an important trend of recent years and reflect the current geopolitical climate. In this episode Anne Petterd, Frank Pan, and Alison Stafford Powell discuss the practical impact these sanctions have on TMT companies and what TMT companies should do in their strategic plans to de-risk their exposure.
Post-importation transfer pricing adjustments have always presented great challenge for multinational companies doing business in China due to the lack of formal nationwide mechanism which simultaneously addresses the tax, customs and foreign exchange administration requirements, in order to allow customs valuation adjustment to be made in response to a post-importation TP adjustment. A new practice adopted by China Customs piles on additional challenges for companies looking to implement TP adjustments.
After two and a half years since the issuance of the Regulations on the Unreliable Entities List, the Unreliable Entities List Working Mechanism headed by China’s Ministry of Commerce has for the first time designated two US aerospace and defense companies as “Unreliable Entities.”
On 7 October 2022, the US Commerce Department’s Bureau of Industry and Security issued the much anticipated rules aimed at restricting China’s ability to obtain advanced computing chips, develop and maintain supercomputers, and manufacture advanced semiconductors. In addition to formalizing the licensing requirements included in the recent BIS “is informed” letters issued to certain US companies on related matters, the Rule imposes a wide range of new and enhanced restrictions targeting China’s advanced computing and semiconductor sectors.
In this issue of China Tax Update, we will discuss the major China tax developments in the second quarter of 2022, including the latest development in the “aligned arrangement” for customs valuation and transfer pricing
We are pleased to invite you to our Virtual Global Trade Conference on July 20 and 21. In lieu of our annual conference in Bellevue, WA, we are excited to again provide a virtual offering available to all our clients and friends worldwide! Please join our international trade compliance lawyers from around the world as they discuss and examine the major developments impacting international trade. The conference will be comprised of 75 minute sessions over the course of two days and clients will also get the opportunity to request a virtual one-to-one meeting with our International Trade attorneys to discuss relevant topics of interest. Visit our events page for more information and to register.