China
China’s New Tariff Law: Streamlining and Standardizing Current Tariff Regulations
China’s new Tariff Law consolidates import and export duties, clarifies rules for imposing counter-tariffs, and sets a December 1, 2024 effective date. It codifies existing practices on cross-border e-commerce and rules on the origin of goods into law, impacting trade relations.
China’s new Tariff Law consolidates rules on import and export duties that were previously implemented via several legal documents and makes important clarifications and additions to prior regulations. Among other changes, it stipulates provisions for the Chinese government to impose counter-tariffs on imported goods, codifying these powers into law for the first time. We outline all the notable updates to the China Tariff Law and discuss the implications for the country’ current trade relations.
On April 26, 2024, the National People’s Congress (NPC), China’s legislature, adopted the Tariff Law of the People’s Republic of China (the “Tariff Law”) after several rounds of revisions.
The new Tariff Law will replace the Import and Export Tariff Regulations of the People’s Republic of China, which fall under the purview of the State Council, and adopts many of its provisions.
Previously, Chinese law had not stipulated legislative powers to implement countervailing tariffs, although China was nonetheless able to impose counter-tariffs on trade partners through other means.
China’s new Tariff Law comes into effect on December 1, 2024.
China’s Tariff Law elevates several existing provisions and practices to the level of law. For instance, Article 3 of the Tariff Law clarifies the obligations of cross-border e-commerce platforms for tariff withholding and implementing consolidated taxation.
The Tariff Law also solidifies the rules and regulations on the origin of goods, stipulating that the application of tariff rates shall comply with the corresponding rules of origin. Although this has been previously implemented in practice, it is the first time this has been codified into law.
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
Business
Exploring New Ventures and Opportunities in Shanghai at NEPCON China 2025
NEPCON China 2025, held April 22-24 in Shanghai, is the premier B2B electronics assembly event, featuring exhibitions, conferences, and innovative technologies in emerging fields like AI and robotics.
NEPCON China 2025: A Premier Electronics Assembly Event
NEPCON China is the most significant B2B event in the electronics assembly sector, scheduled for April 22-24, 2025, at the Shanghai World Expo Exhibition & Convention Center. This leading event unites top industry brands and innovative companies, focusing on advanced IC packaging while integrating essential new resources within key technology areas.
The event features various interactive sessions such as conferences, competitions, and award programs, creating an exceptional platform for business networking. Attendees will gain insights into emerging fields like AI and robotics, with more than 500 exhibitors showcasing cutting-edge technologies, including SMT, testing equipment, and smart factory solutions.
Highlighting industry-specific zones and the NEPCON ∞ SPACE smart car disassembly area, NEPCON China 2025 promises to deliver the latest advancements while facilitating exclusive matchmaking opportunities with international buyers. For more information, visit www.nepconchina.com.
Source : New Business, New Opportunities in Shanghai at NEPCON China 2025
China
23 Provisions That Can Be Easily Included in a Company’s Articles of Association: Part I
In China, the Articles of Association (AOA) define a company’s structure and governance, protecting shareholder rights. It designates a legal representative—usually the director or manager—who represents the company legally, while governance power lies with directors or managers.
According to the Company Law of the People’s Republic of China (“Company Law”):
The AOA represents the collective intention of all shareholders, laying out the fundamental principles for the company’s structure and activities. For this reason, the AOA is often referred to as the “constitution” of the company. It plays a vital role in ensuring the company’s smooth operation, standardizing corporate governance, preventing deadlocks, and safeguarding shareholders’ rights.
In this article, we introduce 23 matters that can be freely agreed upon in a company’s AOA in China.
Legal provision
Article 10 of the Company Law provides that the company’s legal representative shall be the director who executes the company’s business on behalf of the company or manager as specified in the AOA. According to the Regulations on Market Subject Registration Administration of the People’s Republic of China, a company’s legal representative shall be registered with the competent Administration of the Market Regulation (“AMR”).
A legal representative is the principal person who exercises civil rights and fulfills civil obligations on behalf of a company according to the law. This individual can directly and naturally represent the company in all activities. The legal representative is theoretically a nominal position –the governance power of a company is held by the director(s) or the manager within the company’s governance structure. However, since the legal representative legally represents the company, the company is held accountable for their actions.
This article was first published by China Briefing , which is produced by Dezan Shira & Associates. The firm assists foreign investors throughout Asia from offices across the world, including in in China, Hong Kong, Vietnam, Singapore, and India . Readers may write to info@dezshira.com for more support. |
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China
Five things at the top of China’s agenda for 2025
In 2024, China faces economic challenges domestically while navigating complex international alliances, particularly with Russia. Key concerns for 2025 include US rivalry, tech wars, EU tariffs, Middle East conflicts, and sanctions.
2024 has been a challenging year for China. As its government has tackled economic problems at home, internationally it has handled the complexities of an alliance with Russia. And, while China has continued to play a significant role in the global economy, there are five possible areas that could derail its plans in 2025.
1. Renewed rivalry with the US
The most obvious concern for Beijing will be the reignition of an ultra-aggressive US policy towards China, after Donald Trump steps into office in January. Trump has already threatened China and several other nations with 60% tariffs, which suggests a continuation of the ongoing trade war that he started during his previous presidency.
A more contentious relationship with the US will pose a significant challenge for China – but Beijing is not unprepared for it, having learned from the previous US trade war. This can be seen in how Chinese firms such as Huawei have sought to reduce their reliance on US markets and technologies while expanding into other fields.
Equally, China has been more willing to use punitive measures against the US, as was recently demonstrated by its restriction on the export of rare earth elements (used for batteries and catalytic converters). As a result, Beijing is better placed to fight a trade war than it was in 2017.
2. Global technology wars
While tariffs will undoubtedly attract the most attention, it’s possible that another battle will be waged over China’s technological development, which poses a notable challenge to US trade supremacy.
Technology has become an increasingly crucial element in China’s plans, with Beijing looking to grow jobs and production in this sector, in part by increasing its exports. Equally, curtailing this has become a priority for the US, underlined by its efforts to restrict Chinese access to semiconductor technology – one of the new key battlefronts.
As well as a contest to gain dominance over key technologies, it is also a competition over setting the standards for technology. This is demonstrated by what has been labelled the “Beijing effect”, whereby China aims to set standards for digital infrastructure in the same way that the EU has for data management and privacy through its GDPR legislation. Such a move could potentially grant China strategic leadership in the tech world.
3. Tariffs from the EU
China has an equally challenging trade conflict with Europe, in the form of a series of tit-for-tat tariffs – with Beijing slapping import tariffs on French brandy, for example, in response to EU restrictions on imports of Chinese electric vehicles to EU member states. These come at a time where China has started to make inroads into technologies that were once the preserve of other nations.
Donald Trump has invited President Xi to attend his inauguration.
A trade war with the EU, coupled with recent discussions about expanding Nato’s role in Asia, could pose a headache for Beijing, especially if this leads to greater alignment between Brussels and Washington. There again, Trump’s established antagonism towards the EU could potentially work in China’s favour, if it means the EU is looking for other partners.
4. Allying with Russia
On the surface, Russia has become increasingly vital for China as a source of natural resources and markets – while China is a key source of economic support for Moscow. However, this support has adversely affected China’s relations with European states, some of which have seen Beijing as a facilitator of Russia’s war in Ukraine.
Equally, Russia’s invasion of Ukraine and the ongoing war may continue to be a useful distraction for Beijing, keeping US attention away from China.
Trump’s proposed peace plan for the Ukraine war, if successful, could allow the US to focus back on China. A resolution of that conflict could even provide an avenue for rapprochement between Washington and Moscow, which would work against Beijing.
5. Conflicts in the Middle East
An emerging source of concern for China is the severe instability in the Middle East. As with Russia, the region has become a key source of resources and markets for Beijing – demonstrated by the Zhuhai airshow, where nations from the region were key customers for Chinese arms.
Another concern for Beijing has been the potential for a regional conflict between Iran and Israel, with the former a key source of oil for China. In the event of an armed conflict, these supplies could be disrupted if not cut off completely, which would create further economic problems for Beijing.
Equally, the reignition of the Syrian civil war has highlighted an area of concern for President Xi Jinping. Chinese Uyghurs (a largely Muslim ethnic group) have been involved in forces overthrowing President Bashar al-Assad, particularly as part of the Turkestan Islamic party (TIP). Some members of the TIP have been threatening to use weapons acquired in Syria in the long-running battle for a separate state in the Xinjiang region of China, where the Uyghurs are based.
In the past few years, Xi’s forces have rounded up around a million Uyghurs and placed them in detention camps, and enforced a policy of re-education and intensive surveillance which has drawn international criticism for its tactics and authoritarianism.
Read more:
Three possible futures for the global economy if Trump brings in new trade tariffs
While all these factors suggest China faces a difficult 2025, there are also signs that Beijing is preparing to mitigate them. Not least, China will be studying the sanctions regime deployed by the west against Russia, and which would likely be used against China in the event of a conflict over Taiwan.
Ultimately, how 2025 works out for Beijing will be crucial to whether it decides it needs to make new allies, develop new markets, and create new economic strengths in the technology field.
This article is republished from The Conversation under a Creative Commons license. Read the original article.