Do I Need a Licence to China’s Export Customs Clearance?

Aug 14, 2024 Chapter 5. Shipping

Before exporting goods from China to other countries, certain customs formalities must be completed. While these procedures are often handled by the seller in China, it’s crucial for overseas buyers to stay informed and collaborate as needed to ensure a smooth export process, avoiding delays.

This article provides a thorough overview of China’s export customs clearance process, outlining steps businesses can take to successfully obtain clearance from China Customs and export their goods efficiently.

 

 

 

The Basics of Exporting from China

An Overview of China Customs

China Customs operates under a vertical management system with three levels: the General Administration of Customs (GAC), Direct Customs Offices under GAC, and Subordinate Customs Offices.

  • General Administration of Customs (GAC): A ministry-level state agency, the GAC is controlled by China’s State Council and oversees the entire customs operation.
  • Direct Customs Offices: These offices manage customs affairs in designated areas, implementing customs laws and policies.
  • Subordinate Customs Offices: Responsible for organizing customs operations and document reviews in specific districts.

Currently, GAC oversees 42 Direct Customs Offices across 31 provinces, municipalities, and autonomous regions, along with 562 Subordinate Customs Offices supervising over 300 ports nationwide.

Responsibilities of China Customs

China Customs handles a range of responsibilities, including:

  • Customs risk management
  • National anti-smuggling operations
  • Development of customs clearance infrastructure at ports
  • Collection of import/export duties, taxes, and fees
  • Implementation of customs science and technology plans
  • Management of import/export statistics
  • Inspection and quarantine of goods
  • Statutory inspection of import/export commodities
  • International customs cooperation

Requirements for Exporting Through China Customs

  • Export Duties: Generally, export tariffs are not imposed, except on certain semi-finished, finished, and resource products.
  • Export VAT Refund: Exporters are eligible for VAT refunds if goods meet specific conditions, including export declaration, proper bookkeeping, and reconciliation for foreign exchange.
  • Inspection and Quarantine: Goods subject to mandatory inspection and quarantine must undergo these procedures before export. Additionally, China Customs may randomly inspect goods not subject to mandatory checks.

China also restricts and bans the export of specific goods for reasons such as national security and environmental protection, managing these restrictions through mechanisms like export quotas and licenses.

 

 

 

The Export Customs Clearance Process in China

Company Registration for Export Rights

Businesses must register with China Customs to obtain the right to export and import. However, those without these rights can still export through foreign trade companies.

Documentation Preparation

Export declarations to China Customs require various documents, including:

  • Information on the goods (e.g., commodity names, HS codes)
  • Accompanying documents (e.g., commercial invoice, bill of lading)
  • Additional forms and certificates (e.g., export license, dangerous goods packaging certificate)
  • Applications for inspection and quarantine, if applicable

Export Declaration to China Customs

Exporters can either use customs brokers or the “National Single Window” to declare their goods. Declarations must be submitted within 48 hours after transporting goods to customs supervision areas, along with any applicable fees and taxes.

Customs Review and Product Release

China Customs may automatically review and release goods if they fall under a “low-risk” category. However, if there are doubts, goods may be subject to manual review, re-declaration, or rejection. Once cleared, goods are ready for export.

 

 

Key Players in the China Export Clearance Process:

  • Domestic Shippers: Responsible for shipping goods within China.
  • Manufacturers/Suppliers: Produce and supply goods for export.
  • Declarants (Customs Brokers): Prepare and submit export declarations.
  • Freight Forwarders: Organize shipments from the manufacturer to the final destination.
  • Warehousing Providers: Offer inventory and storage services.
  • Cross-Border E-Commerce Companies: Facilitate online international trade.
  • Consolidators: Combine cargo from different shippers into one container.

 

 

 

 

Ensuring China Export Compliance

Smuggling and Export Violations

Violations of China’s customs laws, such as smuggling or presenting false declarations, can lead to severe penalties. China Customs has the authority to confiscate illegal goods, impose penalties, and ban businesses from exporting without proper registration.

Consequences and Penalties

Customs violations can result in confiscation of goods, heavy fines, and export bans. However, businesses may receive reduced penalties or exemptions for voluntary disclosure or minor breaches.

 

 

 

 

Do You Need a License to Import from China?

Whether or not you need a license to import goods from China depends on several factors, including the type of goods you’re importing, the country you’re importing into, and the specific regulations of your country.

1. Country-Specific Regulations

  • United States: Generally, you do not need a specific import license to bring goods into the U.S. However, certain products, such as firearms, food, and pharmaceuticals, may require specific permits or licenses from federal agencies like the FDA, EPA, or ATF.
  • European Union: The EU does not generally require a specific import license. However, you may need to comply with various regulations and standards depending on the type of product, such as CE marking for electronics.
  • Australia: Similar to the U.S., Australia does not require a general import license, but certain goods may need permits or licenses, particularly if they are classified as restricted or prohibited goods.

2. Product-Specific Requirements

Certain types of products may require specific licenses or permits:

  • Restricted or Controlled Goods: Items like chemicals, pharmaceuticals, electronics, and agricultural products may require specific licenses or permits.
  • Intellectual Property: If you’re importing branded goods, you need to ensure that you’re not infringing on intellectual property rights, which could lead to legal issues.

3. Customs Documentation

Even if you don’t need a specific import license, you will need to comply with customs regulations, including providing:

  • Commercial Invoice
  • Bill of Lading or Airway Bill
  • Packing List
  • Import Declaration

4. Licenses for Specific Sectors

Some countries may require businesses to have a general business license or an import/export license as part of operating legally. This varies by jurisdiction.

5. Consulting with Authorities

It’s often a good idea to check with your country’s customs authority or a legal expert in international trade to ensure that you comply with all necessary regulations.

 

 

Do I Have to Pay Import Tax from China?

Whether you have to pay import taxes (often referred to as customs duties) on goods imported from China depends on several factors, including:

  • Value of the Goods: Most countries have a minimum threshold below which no import duties are charged. If the value of the goods exceeds this threshold, you may be required to pay customs duties, VAT, or other import taxes.
  • Type of Goods: Different types of goods are subject to different duty rates. Some items may be exempt from duties, while others may have higher rates. Countries often impose tariffs on specific categories of goods, especially those that might compete with domestic industries.
  • Country-Specific Regulations: Each country has its own customs regulations and tariffs. For example:
    • In the United States, you may have to pay customs duties if the value of the imported goods exceeds $800 (as of 2024), depending on the type of goods.
    • In the European Union, VAT is generally payable on goods imported from outside the EU, with the exact duties depending on the goods’ classification.
  • Trade Agreements: Some countries have trade agreements that reduce or eliminate duties on certain goods. For instance, some countries may have reduced tariffs on specific products due to trade agreements.
  • Shipping Method: The shipping method can also affect whether and how you pay duties. For example, goods sent via regular postal services may go through different customs procedures than those sent via express courier services.
  • Customs Clearance Fees: In addition to import taxes, you may also need to pay customs clearance fees, which are separate charges for processing your goods through customs.

To get specific details on the import duties you might face, you can:

  • Check your country’s customs website or contact a customs office.
  • Use online customs duty calculators that take into account your country, the type of goods, and their value.

 

 

China Export& Import Conclusion

While a general import license is not typically required for most products, specific goods may have additional requirements. Always check the regulations for your specific country and the type of goods you are importing to ensure compliance.

Export customs clearance is vital for businesses engaging in international trade with China. By following the outlined procedures and ensuring compliance with China’s export regulations, businesses can streamline the export process, avoid delays, and successfully export their goods from China.

Proper documentation, collaboration with the right partners, and adherence to customs requirements are key to a smooth and efficient export experience. Supplyia has the experience and team to manage this export process effectively, helping you navigate compliance issues and avoid many potential problems.

 

 

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