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Ivy Tan

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China Customs’ new practice further challenges the implementation of post-importation TP adjustments

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Introduction Post-importation transfer pricing (“TP”) 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…

China’s New Regulatory Requirements for Imported Food Products

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On 12 April 2021, the General Administration of Customs of China (“GACC”) issued Order No. 248, which sets out new requirements for the registration of qualified foreign food producers that are allowed to export food products to China, effective from 1 January 2022. This Order represents a significant move toward tightening up the regulation of foreign made food products imported into China. As the date of coming into force of the Order is fast approaching,…

China retaliatory tariff measures update

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On 16 May 2021, the People’s Republic of China (PRC)’s Customs Tariff Commission of the State Council (CTC) issued Circular [2021] No. 5 to extend the effective period for the second product exclusion list for the second batch of US products subject to Chinese retaliatory tariffs from 19 May 2021 to 25 December 2021. Click here to see the announcement. The exclusion list covers 79 products in total, including certain industrial chemicals, textiles, metals, electric…

China – PRC Ministry of Commerce announce Export Control Internal Compliance Guidelines

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China’s Export Control Law (“ECL”) came into effect on 1 December 2020, providing a framework to a series of separate administrative regulations on export controls issued prior to the law’s enactment. While no implementing rules or regulations under the ECL have been enacted since its passage into law, China’s Ministry of Commerce (MOFCOM) recently released Announcement No. 10 of 2021, on “Internal Compliance Guidelines on the Export of Dual-Use Items” (hereafter, the “Guidelines”) pursuant to Article…