International Trade and Custom
International trade and customs law is one of the key practice areas of Beijing DHH Law Firm. In addition to the proficiency in international trade and customs legal services, lawyers in our team also have accumulated practical experience in dispute resolution, maritime affairs, and supply chain management. Furthermore, a number of team members who previously worked for General Administration of Customs, major customs houses, or regional customs houses also add unique and significant value to our customs affairs practice.
We offer the following legal services to import and export companies:
Import and Export Customs Clearance (Customs Affairs)
Even though China customs has put more efforts in reforming the supervision system in recent years, neither domestic enterprises nor foreign enterprises feel less pressure from the customs’ supervision. Meanwhile, disputes on valuation, classification, country of origin, etc. between companies and customs keep increasing each year. It is necessary for businesses to improve efficiency and reduce the costs regarding customs clearance, and to control the risks arising from customs inspection during the process of customs clearance on site and the follow-up compliance audit with the support of professionals. DHH International Trade and Customs Affairs Practice Team (“DHH Customs Team”) consists of several lawyers who have previously worked for General Administration of Customs, regional customs, or subordinate customs. DHH Customs Team strives to become the top international trade and customs affairs legal team in China.
Our service scope is detailed as follows:
      1. Administrative and Criminal Case Representation
          •       Defense in smuggling cases
          •       Resolution of disputes in customs administrative penalties
          •       Representation in administrative proceedings and reconsideration
      2. Consultation of Regular Customs Clearance
          •       Consultation of customs registration for import and export enterprises
          •       Strategy of customs clearance process
          •       Consultation and interpretation of import and export trade policies and regulations
          •       Consultation of supervision of goods importation and exportation
          •       Consultation of goods classification, value appraisal and country of origin
          •       Consultation of import policies and process for goods with duty reduction or exemption
          •       Consultation of supervision policies and process for processing trade
          •       Review of import and export trade data
          •       Consultation of inspection and quarantine, export tax refund and foreign exchange verification
          •       Research on policies and regulations of countries under trading partnership
      3. Review of Company’s Customs Compliance and Management of Risks in Customs Affairs
          •       Review and evaluation of adequacy and appropriateness of customs clearance process
          •       Review of compliance on regular customs clearance
          •       Special review of compliance on processing trade, value declared, and commodity classification
          •       Consultation of responses to customs audit
      4. Resolution of Disputes on Duty
          •       Resolution of disputes in commodity classification
          •       Resolution of disputes in customs valuation, e.g. issues related to royalties
          •       Resolution of disputes in country of origin
      5. Customs Protection of Intellectual Property Rights
          •       Registration of IPR and change of registration
          •       Acting as contact person in customs
                 Cooperation with professional investigation company on tracking and investigation of the logistics information of the suspected infringing products
          •       Representing the client to visit customs throughout China, participating in the trainings at customs, and introducing client’s products and status of the IPR thereto to customs officials
          •       Handling of the detainment of suspected infringing products on behalf of client and providing legal services during custom’s investigation on infringement of IPR
          •       Assistance on reconciliation between the right holder and the suspected infringer
          •       Representing civil proceedings in infringement cases
          •       Representing civil suit collateral to criminal cases
      6.Counseling of Enterprise Credit Certification
          •       Pre-evaluation of enterprise’s internal control, financial status, compliance with regulations, trade safety, etc. based on customs’ certification standards for high-level credit enterprises as well as improvement proposal
          •       Assistance in application for high-level certification to competent customs
      7.Consultation of Policies in Special Supervision Areas
          •       Resolution of disputes on creation, change and verification of H account book
          •       Consultation and resolution of disputes on issues related to customs networking supervision system
          •       Establishment of bonded warehouse, export supervised warehouse and bonded logistics center (A/B)
          •       Establishment of bonded area, export processing zone, bonded logistics park, comprehensive bonded zone and bonded port area
          •       Consultation of policies in free trade area and project counseling
          •       Consultation of single customs affair, e.g. specific advice or counseling of issues related to verification of H account book and in-depth counseling and communication of customs policies
          •       Assistance in application for other issues subject to customs’ approval in bonded area
Prevention and Control of Risks on International Trade and Supply Chain Management as well as Resolution of Disputes therefrom
China has been the world’s biggest trading country since 2013. Trade disputes and conflicts have subsequently increased and became more complicated. Higher expectations and more complicated requirements are placed on legal service providers. Therefore, it is necessary for enterprises to manage risks from the beginning with the help of legal professionals. With solid experience in litigation and arbitration on import and export, foreign trade agency, trade financing, cross-border e-commerce, supply chain financing, warehouse logistics and international business transactions, DHH Customs Team provides diverse and comprehensive legal services in full range for import and export enterprises.
      1.Consultation of Trade Affairs
         •       Consultation and interpretation of policies, laws and regulations on import and export
         •       Design of international trade process
         •       Design of international trade transaction structure
         •       Consultation of the policies and regulations of countries under trading partnership
         •       Negotiation, preparation, review and amendment of international trade contracts
      2.Consultation of Settlement and Resolution of Disputes
         •       Remittance and collection
         •       Review of documents, e.g. L/C, etc.
         •       Disputes in entrustment of L/C issuing
         •       Disputes in L/C issuance
         •       Disputes in negotiation of L/C
         •       Disputes in stop of payment and fraud of L/C
         •       Disputes in L/C financing
         •       Disputes in L/C transfer
      3. International Trade and Transportation
         •       Disputes in air carriage contracts
         •       Disputes in international railway combined transport contract
         •       Disputes in multimodal transportation contract
         •       Disputes in freight forwarding contract
         •       Disputes in voyage charter party
         •       Disputes in time charter party
      4. International Trade Insurance
         •       Disputes in import and export credit insurance contract
         •       Disputes in property damage insurance contract
         •       Disputes in liability insurance contract
         •       Disputes in right of subrogation of the insurer
      5.Design and Consultation of International Trade Financing Plan
         •       Design and consultation of international trade financing plan
         •       Usance L/C, inward documentary bills, payment service and delivery against bank guarantee
         •       Outward documentary bills, export packing loan, for faiting, and note discount under usance L/C
         •       Re-export trade, carry trade of exchange rate and interest rate arbitrage trade
      6. Legal Consultation of International Guarantee and Resolution of Disputes therefrom
         •       Review of documents under Standby L/C
         •       Disputes on fraud concerning Standby L/C
         •       Review and amendment of independent guarantee
         •       Application for suspension of payment under guarantee
         •       Disputes in fraud concerning independent guarantee
         •       Disputes in payment under independent guarantee
      7.Resolution of Disputes on International Trade Agency
         •       Disputes in import and export agency contract
         •       Disputes in freight forwarding contract
      8. Consultation and Design of Cross-Border Supply Chain Financing Plan
         •       Accounts receivable financing: credit granting under account receivable pledge, factoring, guarantee for discount of acceptance bills, and credit granting under commercial credit insurance
         •       Inventory mortgages and pledges and pledges by warehouse receipts
         •       Credit granting of shipment against bills (payment), Confirmer Wharf finance and inward documentary bills
      9.Other International Trade Consultations
         •       Legal consultation on international trade in service
         •       Legal consultation on international trade in technology
         •       Legal consultation on international construction project
     10.International Trade Dispute Resolution
         •       Litigation and enforcement of judgment
         •       Arbitration of international trade disputes and enforcement of awards
         •       Application for acceptance and enforcement of foreign arbitration awards
         •       Application for acceptance and enforcement of civil judgments and arbitration awards of Hong Kong and Macau Special Administration Region