China’s New Tariff Law: Enhancing Clarity and Enforcement of Trade Regulations

In a significant move, the National People’s Congress (NPC) of China, the country’s top legislative body, passed the Tariff Law of the People’s Republic of China on April 26, 2024. This legislative decision came after several rounds of revisions, aiming to overhaul and refine China’s trade regulatory framework.

The newly adopted Tariff Law is poised to supersede the Import and Export Tariff Regulations of the People’s Republic of China, currently governed by the State Council, while incorporating and refining many of its provisions. The overarching objective behind this legislative action is to consolidate and streamline existing regulations concerning tariff collection, which were previously dispersed across various measures and announcements.

A notable aspect of the Tariff Law is its explicit clarification on the means for the Chinese government to impose anti-dumping and countervailing duties on trade partners. This move addresses a previous gap in Chinese legislation, which lacked specific provisions granting legislative powers for the implementation of countervailing tariffs. Despite this absence, China had been able to impose counter-tariffs on trade partners through alternative measures.

By formalizing several existing provisions and practices into law, the Tariff Law aims to provide greater clarity and legal certainty for businesses and stakeholders involved in international trade. For instance, Article 3 of the Tariff Law delineates the responsibilities of cross-border e-commerce platforms regarding tariff withholding and the implementation of consolidated taxation.

Moreover, the Tariff Law solidifies rules and regulations pertaining to the origin of goods, emphasizing adherence to corresponding rules of origin, now formally codified. While these rules have been observed in practice, their codification into law marks a significant step towards standardization and enforcement.

Customs authorities are now explicitly empowered to determine the amount of tax payable within a three-year timeframe from the date of payment or release of goods by taxpayers or withholding agents. This provision excludes cases of smuggling offenses, wherein different protocols apply.

Under the Tariff Law, a dedicated Tariff Commission under the State Council assumes the authority to make decisions regarding various tariff measures, including anti-dumping duties, countervailing duties, safeguard measures tariffs, and other pertinent tariff matters as determined by the State Council.

Furthermore, the Tariff Commission is granted the mandate to propose reciprocal measures in cases where a country or region fails to honor most-favored-nation (MFN) treatment or preferential tariff treatment stipulated in international tax treaties with China.

Additionally, the Tariff Law empowers China to respond to trade prohibitions, restrictions, tariffs, or other measures imposed by other countries or regions that contravene international treaties or agreements. In such instances, China reserves the right to implement retaliatory tariffs on imported goods from the offending country or region.

The Tariff Commission is tasked with determining the scope of goods subject to retaliatory tariffs, specifying applicable countries or regions, establishing tax rates, setting deadlines, and determining collection methods, all subject to approval by the State Council.

In scenarios where taxpayers fail to provide the requisite supporting documentation for imported goods subject to countervailing tariffs, or if the documentation provided fails to sufficiently prove the origin of the goods, such goods will be subject to the prevailing tax rate. This rate may encompass taxes applicable under relevant international tax treaties, preferential policies, special tariffs, or the standard tax rate, whichever is higher.

The adoption of the Tariff Law represents a significant milestone in China’s trade regulatory landscape, aiming to enhance transparency, enforcement, and compliance in international trade activities. This legislative action underscores China’s commitment to fostering a robust and rules-based trade environment while safeguarding its economic interests in the global arena.