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  • 1.

    Domestic legislation
    What is the main domestic legislation as regards trade remedies?

  • 2.

    International agreements
    In general terms what is your country’s attitude to international trade?

  • 3.

    Government authorities
    Which authority or authorities conduct trade defence investigations and impose trade remedies in your jurisdiction?

  • 4.

    Complaint filing procedure
    What is the procedure for domestic industry to start a trade remedies case in your jurisdiction? Can the regulator start an investigation ex officio?

  • 5.

    Contesting trade remedies
    What is the procedure for foreign exporters to defend a trade remedies case in your jurisdiction?

  • 6.

    WTO rules
    Are the WTO rules on trade remedies applied in national law?

  • 7.

    What is the appeal procedure for an unfavourable trade remedies decision? Is appeal available for all decisions? How likely is an appeal to succeed?

  • 8.

    Review of duties/quotas
    How and when can an affected party seek a review of the duty or quota? What is the procedure and time frame for obtaining a refund of overcharged duties? Can interest be claimed?

  • 9.

    Compliance strategies
    What are the practical strategies for complying with an anti-dumping/countervailing/safeguard duty or quota?

  • 10.

    Normal rates and notification requirements
    Where are normal customs duty rates for your jurisdiction listed? Is there an exemption for low-value shipments, if so, at what level? Is there a binding tariff information system or similar in place? Are there prior notification requirements for imports?

  • 11.

    Special rates and preferential treatment
    Where are special tariff rates, such as under free trade agreements or preferential tariffs, and countries that are given preference listed?

  • 12.

    How can GSP treatment for a product be obtained or removed?

  • 13.

    Is there a duty suspension regime in place? How can duty suspension be obtained?

  • 14.

    Where can customs decisions be challenged in your jurisdiction? What are the procedures?

  • 15.

    Government authorities
    What government office handles complaints from domestic exporters against foreign trade barriers at the WTO or under other agreements?

  • 16.

    Complaint filing procedure
    What is the procedure for filing a complaint against a foreign trade barrier?

  • 17.

    Grounds for investigation
    What will the authority consider when deciding whether to begin an investigation?

  • 18.

    Measures against foreign trade barriers
    What measures outside the WTO may the authority unilaterally take against a foreign trade barrier? Are any such measures currently in force?

  • 19.

    Private-sector support
    What support does the government expect from the private sector to bring a WTO case?

  • 20.

    Notable non-tariff barriers
    What notable trade barriers other than retaliatory measures does your country impose on imports?

  • 21.

    General controls
    What general controls are imposed on exports?

  • 22.

    Government authorities
    Which authorities handle the controls?

  • 23.

    Special controls
    Are separate controls imposed on specific products? Is a licence required to export such products? Give details.

  • 24.

    Supply chain security
    Has your jurisdiction implemented the WCO’s SAFE Framework of Standards? Does it have an AEO programme or similar?

  • 25.

    Applicable countries
    Where is information on countries subject to export controls listed?

  • 26.

    Named persons and institutions
    Does your jurisdiction have a scheme restricting or banning exports to named persons and institutions abroad? Give details.

  • 27.

    What are the possible penalties for violation of export controls?

  • 28.

    Government authorities
    What government offices impose sanctions and embargoes?

  • 29.

    Applicable countries
    What countries are currently the subject of sanctions or embargoes by your country?

  • 30.

    Specific individuals and companies
    Are individuals or specific companies subject to financial sanctions?

  • 31.

    Other trade remedies and controls
    Describe any trade remedy measures, import or export controls not covered above that are particular to your jurisdiction.

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Hiways Law Firm (“Hiways” or “the Firm”) was established in 1995 as one of the largest limited liability partnership law firms in China. With a rapid growth in Shanghai, the Firm has expanded to 8 more offices in China.

View more information about Hiways Law Firm

69 Dongfang Road
Eton Place
Tower A, 15th Floor
T: +86 21 5877 3177
F: +86 21 5877 3268


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