How is the customs lawyer team? What services does the customs lawyer team provide?

The customs lawyer team was established in 2006 and has always focused on and been committed to dispute resolution and legal services in the fields of customs and import and export.

The focus is on providing services in the areas of import and export compliance control and risk prevention, customs valuation and classification dispute resolution, customs audit and legal remedies for administrative penalties, and smuggling crime defense.

We are committed to the detection and disposal of legal risks in the import and export field, and the practical research and application of professional defense, and we can tailor valuable guiding consulting opinions and legal services for you.

What services does the customs lawyer team provide?

01

Trade and Investment

1. Apply for establishment and registration of foreign-invested enterprises;

2. Apply for foreign trade operation rights and customs registration, commodity inspection filing, foreign exchange registration, and bank accounts;

3. Market access survey for overseas enterprises investing in China;

4. Market access investigation of overseas products entering China;

5. Survey on the legal and institutional environment in China’s foreign investment sector.

02

Customs tax exemptions

1. Apply to the customs for tax exemption and reduction registration;

2. Apply to the customs for tax exemption and reduction approval;

3. Investigation and consultation on corporate tax exemption and reduction qualifications;

4. Investigation and consultation on tax-exempt commodities and non-exempt commodities catalogues;

5. Apply to the customs for the removal of duty-exempt goods from customs supervision, mortgage payment, and off-site supervision.

03

Customs supervision

1. Investigation of supervision and access conditions for import and export goods;

2. Investigation of import and export conditions of important sensitive goods such as cultural relics, recyclable waste, gold, milk powder, luxury goods, etc.;

3. Survey on import and export cargo data;

4. Investigation on the integrity of customs clearance of import and export enterprises;

5. Apply to the customs for Class A or Class AA enterprises;

6. Investigate the customs clearance status of import and export enterprises and import and export goods;

7. Investigate the legality and authenticity of the company’s import and export declaration and customs clearance activities;

8. Apply to the customs for release under guarantee;

9. Apply to the customs for goods return and tax refund.

04

Customs Valuation

1. Investigate the legality and rationality of customs price information of imported and exported goods;

2. Investigate the legality of customs valuation, customs price verification, and customs determination of dutiable prices;

3. Investigate the legality and rationality of the valuation methods used by the customs;

4. Assist or act as an agent for enterprises to participate in the customs valuation procedures, negotiate with the customs, and put forward opinions that are beneficial to the enterprises;

5. Assist or act as an agent for enterprises to explain customs price queries and submit relevant materials;

6. Assist or act as an agent for enterprises to conduct price negotiations with the customs;

7. Investigate the composition, legality and rationality of the enterprise's declared price and transaction price;

8. Investigate the relationship between the enterprise's declared price and transaction method and its actual operation;

9. Investigate the composition of corporate royalties and their relationship to the dutiable price.

05

Customs Administration

1. Apply for tax guarantee from the customs;

2. Investigation of customs duties, value-added tax and consumption tax collection on imported and exported goods;

3. Investigations into tariff preservation measures, tariff rates, tariff guarantees, tariff accounting, special tariffs, and the execution and implementation of tariff policies;

4. Apply to the customs for a refund of taxes paid;

5. Conduct investigations on the taxation of domestic sales of processing trade by the customs;

6. Investigate matters concerning the collection of late payment fees by the customs;

7. To rationalize the design of trade, logistics, payment, etc. so that enterprises can legally and effectively control tax-related costs.

06

Product classification

1. Apply to the customs for pre-classification;

2. Investigate the classification of imported and exported goods;

3. Investigate the classification of the import and export goods of enterprises and issue legally binding lawyer classification opinions;

4. Investigate questions and disputes regarding commodity classification, and assist or represent enterprises in negotiations with the customs;

5. Submit an application for re-testing to the customs;

6. Question and refute the customs test conclusions;

7. Investigate the commodity classification decisions of the customs and issue advisory opinions.

07

country of origin

1. Apply to the customs for tax exemption and reduction registration;

2. Apply to the customs for tax exemption and reduction approval;

3. Investigation and consultation on corporate tax exemption and reduction qualifications;

4. Investigation and consultation on tax-exempt commodities and non-exempt commodities catalogues;

5. Apply to the customs for the removal of duty-exempt goods from customs supervision, mortgage payment, and off-site supervision.

08

Customs audit

1. Assist or act as an agent for enterprises to deal with customs audits and participate in the customs audit process;

2. Provide all-round legal consultation and investigation for enterprises to deal with customs audits;

3. Investigate and evaluate the legality and authenticity of the company’s import and export activities;

4. Investigate the commodity classification, declared price, origin, etc. of the enterprise's import and export goods;

5. Conduct investigations and provide consultation for enterprises in response to customs verification and audit.

09

Processing Trade

1. Application and establishment of processing trade enterprises;

2. Apply for a processing trade approval certificate;

3. Apply for customs registration of processing trade;

4. Provide consulting services on enterprises’ applications for domestic sales of processing trade, unit consumption of processing trade, ledgers of processing trade, verification and cancellation of processing trade, online supervision of processing trade, carry-over of processing trade, outsourcing of processing trade and processing in other places;

5. Assist or act as an agent for enterprises in dealing with matters such as bonded supervision and inspection of processing trade.

10

Administrative Penalties

1. Evaluate whether the import and export declaration, inspection and customs clearance activities of enterprises are legal;

2. Investigate the legitimacy and legality of compulsory measures such as detention and seizure by customs and inspection and quarantine agencies;

3. Investigate whether the enterprise has committed smuggling or violations;

4. Investigate whether the enterprise has any circumstances that warrant leniency, mitigation, or exemption from punishment in the violation case;

5. Assist or represent enterprises in responding to investigations and trials of suspected illegal cases by customs and inspection and quarantine agencies, and issue relevant legal opinions;

6. Submit administrative penalty hearing applications to customs and inspection and quarantine agencies on behalf of the applicant, and participate in administrative penalty hearing procedures.

11

Inspection and Quarantine

1. Investigate the inspection and quarantine conditions and quarantine permits of imported and exported goods;

2. Investigate the pre-shipment inspection and inspection supervision of imported goods;

3. Investigate and evaluate the legality and authenticity of the inspection and quarantine of the import and export goods and the declaration and inspection of the enterprises;

4. Assist or act as an agent for enterprises to deal with inspections, examinations and investigations by inspection and quarantine departments;

12

Foreign exchange write-off

1. Investigate the inflow and outflow of foreign exchange related to import and export goods;

2. Investigate the legality and authenticity of foreign exchange transactions related to import and export goods;

3. Investigate the legality and authenticity of the settlement, sale, payment and purchase of foreign exchange related to the import and export of goods.

13

Export tax rebate

1. Investigate whether the enterprise is eligible for export tax rebate;

2. Investigate whether the company's export products can enjoy the export tax rebate policy;

3. Investigate the export tax rebate policies for various trade forms;

4. Assist or act as an agent for enterprises to deal with export tax rebate tax audits;

5. Assist or act as an agent for enterprises to deal with customs audits on export tax rebates.

14

Administrative Review

1. Apply for administrative reconsideration to the customs and inspection and quarantine agencies;

2. Apply for administrative compensation from the customs and inspection and quarantine agencies;

3. Apply to the customs or inspection and quarantine agency for administrative reconsideration to suspend execution;

4. Apply for administrative reconsideration hearings and participate in administrative reconsideration hearing procedures;

5. Assist or represent enterprises in participating in administrative reconsideration and mediation.

15

Administrative Litigation

1. Filing administrative litigation at first instance and second instance on behalf of clients;

2. Filing state compensation lawsuits at first and second instance on behalf of clients;

3. Apply to the People's Court to stop executing a specific administrative act;

4. Assist or represent enterprises in participating in administrative compensation litigation mediation;

5. Apply for administrative litigation trial supervision procedure.

16

Trade Disputes

1. Filing civil lawsuits on behalf of clients regarding logistics and trade disputes;

2. Participate in civil mediation and reconciliation in logistics and trade disputes;

3. Review the contract specifications of enterprises in the processes of import and export trade, logistics, express delivery, transportation, and online shopping.

17

Complaints

Submit complaints and accusations to the disciplinary inspection, supervisory and procuratorate authorities on behalf of others.

18

Trade Disputes

1. Apply for bail pending trial for smuggling suspects;

2. Investigate whether the smuggling suspects have committed smuggling crimes, their roles, procedures, and the severity of their crimes;

3. Submit lawyers' opinions to anti-smuggling agencies and procuratorates on the facts and evidence of suspected smuggling cases;

4. Investigate the legality, objectivity and fairness of customs calculation of tax evasion;

5. Question the substance and procedures of the customs' calculation and verification of tax evasion certificates;

6. Apply for recalculation of tax evasion;

7. Investigate the trade management attributes of goods and articles involved in non-tax smuggling crimes;

8. To present a defense opinion that the defendant suspected of smuggling is not guilty, has a lighter sentence, or has been given a lighter sentence or a mitigated sentence;

9. Initiate an appeal against a first-instance judgment that has not yet come into effect;

10. Investigate the substantive and procedural legality of the first-instance and second-instance judgments that have come into effect;

11. Initiate trial supervision procedures against first-instance judgments and second-instance judgments that have come into effect;

13. Investigate wrongful convictions in smuggling crimes;

14. Filing state compensation lawsuits for unjust, false and wrongful convictions in smuggling crimes;

15. To help enterprises and individuals engaged in foreign trade activities effectively avoid administrative and judicial prosecution, we provide legalization and rationalization design for trade logistics and put forward legal risk consulting opinions.

The above is an analysis of what the customs lawyer team is like and what services the customs lawyer team provides. If you want to know more about the customs lawyer team, please continue to follow us!