China Clarifies Import Duty Treatment For Foreign Invested Projects

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Orrick, Herrington & Sutcliffe LLP
Contributor
Orrick, Herrington & Sutcliffe LLP
On January 29, 2012, the General Administration of Customs issued the Announcement on Relevant Issues Concerning the Implementation of the 2011 Foreign Investment Industrial Guidance Catalogue.
China International Law
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On January 29, 2012, the General Administration of Customs issued the Announcement on Relevant Issues Concerning the Implementation of the 2011 Foreign Investment Industrial Guidance Catalogue. According to the announcement, from January 30, 2012, the importation of own-use equipment within the total investment of foreign invested projects (including capital-increasing projects) under the encouraged category of the 2011 catalogue will be exempted from customs duties but will be subject to import value added tax. This policy also applies to technologies, accessories and parts imported together with such equipment based on contracts. However, the afore-mentioned tax treatment does not apply to equipment listed in the Catalogue of Imported Goods Not Exempted from Taxes for Foreign Invested Projects and the Catalogue of Major Technical Equipment and Products Not Exempted from Imported Duties. Foreign invested projects which fall into the encouraged category according to the 2007 Foreign Investment Industrial Guidance Catalogue and which obtained approval before January 30, 2012, will continue to enjoy import duty exemption treatment until January 30, 2013.

The full Chinese text of the notice is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

China Clarifies Import Duty Treatment For Foreign Invested Projects

China International Law
Contributor
Orrick, Herrington & Sutcliffe LLP
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