2nd Advanced

China Forum on Import Compliance

Implementing a Robust Trade Compliance Program to Cope with Heightened China Customs & CIQ Enforcements

Tuesday, November 29 to Wednesday, November 30, 2011
Le Royal Meridien, Shanghai, Shanghai

Day 1: Tuesday, Nov 29, 2011

8:00
Registration Begins and Morning Refreshments
9:00
Co-Chairs’ Opening Remarks
  • Donna Dong
    Deputy Trade Director-Asia
    Microsoft (Beijing)
  • Shubhendu Misra
    Customs Director
    General Motors
9:15
The View from Global Customs HQ: What is an Effective Trade Compliance Program on the Ground
  • Mr. Pierre Mallette
    Director of Logistics
    Globe Electric Company Inc.
  • Mr. Eric E. van der Starre
    Director International Trade Compliance
    Huntsman Corporation
  • Mr. Michael Roll
    Partner
    Pisani & Roll LLP
  • How to develop and implement a trade compliance program that addresses your China operations' greatest risk areas
  • Setting up the right compliance culture throughout trade operations and supply chain
  • Incorporating global and China requirements into a coherent and effective program
  • Developing an ongoing due diligence processes and safeguard measures to detect non-compliance and respond appropriately
  • Implementing standardized and documented trade processes
  • Implementing adequate security procedures to safeguard your IT and electronic data
  • Contrasting trade compliance program models and structures in US, European and Asian companies operating in China
10:30
China Customs Keynote Address
  • Madam Qinfang Shu
    Director of the Price Information Division Shanghai Customs
    PRC
11:00
Coffee/Tea Break
11:15
Preparing for Heightened CIQ Enforcement: How to Prevent CIQ Compliance and Inspection Pitfalls
  • Ms. Cindy Wang
    Corporate Import and Export Compliance Manager - Asia Pacific Region
    Honeywell
  • Feng Gao
    International Logistics Manager
    Mars Company (Beijing)
  • Damon Paling
    Partner
    PricewaterhouseCoopers
  • Identifying which products are subject to CIQ inspections
  • Navigating the internal relationship between AQSIQ,
  • CCIB and CIQ, and communicating with these government agencies strategically
  • Working effectively with district level CIQs, CIQs in FTZ and Economic Zone
  • Responding to CIQ inspection requests: What information you should and should not disclose
  • Preventing pitfalls when hosting CIQ officials overseas factory visits
  • Mitigating risks of importing used equipment
12:15
China Customs Audits and Enforcement Initiatives for 2012 and Beyond
  • Jun Zhao
    Senior Advisor Bryan Cave Trade LLC (Shanghai)
    Former Senior Shanghai Customs Audits Official
  • Latest update on customs audit reform, and which industries and shipments are potential audit targets
  • How multinationals should prepare for the implementation of “Combined Check 3 in 1” customs audits
  • Understanding how China Customs uses internal risk management systems to identify audit targets
  • Key pitfalls to avoid when preparing for broadening scope of China Customs investigations
  • Practical tips for preparing for post-importation audits, nation-wide audits and FTZ audits
12:45
Networking Luncheon for Speakers and Attendees
2:00
Meeting New Enhanced Processing Trade Management Requirements: How to Ensure Your Trade Compliance Program is Compliant
  • Jun Ying
    Section Chief‚ JinQiao Export Processing Shanghai Customs (Shanghai)

  • Perry Ma
    China Trade and Compliance Leader
    Dow Chemical‚ PRC (Shanghai)
  • Examining the regulatory changes in No. 195 General Administration of Customs New Measures and implementation issues in No. 93 Circular
  • The latest on enforcement activities by Shanghai WaiGaoQiao and Shenzhen Customs, and compliance expectations for multinationals in China
  • Complying with new compliance requirements on separate storage and management of bonded materials, scope of outward processing and guarantee for bonded materials, exchange of bonded and non-bonded goods, and mortgage of bonded goods
  • Ensuring your financial accounting, ERP system and warehouse storage reflect the difference between bonded materials/finished goods and non-bonded materials
  • Obtaining local customs authority approvals while engaging in outward processing
  • Monitoring purchasing, logistics, manufacturing and sales departments' compliance with the new requirements
3:00
How WCO Harmonized System Amendments 2012 Will Affect China Customs Classifications
  • Craig Clark
    Deputy Director
    Tariff and Trade Affairs Directorate World Customs Organization (Belgium)
3:30
Coffee/Tea Break
3:45
Taiwan: Leveraging the Benefits of Economic Cooperation Framework Agreement (ECFA)
  • Which industries can benefit most from ECFA
  • How the agreement defines economic roles of mainland China, Hong Kong and Taiwan
  • Identifying duty saving opportunities from ECFA
  • Understanding the unique offerings from ECFA compared to other China-related FTAs
  • Complying with country of origin rules and direct shipment requirements under the “Early Harvest List” (EHL) for free trade benefits of tariff concessions and market access
4:15
Proving Origin and Qualifying for FTA Programs to Increase Duty Savings
  • Mr. William Marshall
    International Trade Counsel
    Abercrombie & Fitch
  • Frank Quan
    Asia Pacific Customs Classification Leader Global Trade Import Control - Greater China and Japan
    Hewlett-Packard (Beijing)
  • Daniel ZumBrunnen
    Regional Manager North Asia Customs & Indirect Tax
    General Motors
  • Examining duty reduction opportunities from existing China-related FTAs and the treaties China is currently negotiating
  • Update on extension of product coverage under existing FTAs
  • Complying with new regulatory requirements for third party invoices and direct shipments
  • Upgrading internal control processes on sourcing and production to ensure the percentage and value change do not affect the qualifications under the “Rule of Origin”
  • Mitigating the penalties for incorrect FTA claims
  • Update on FTA enforcement
5:30
Co-Chairs’ Recap and Conference Adjourns for the Day

Day 2: Wednesday, Nov 30, 2011

8:30
Registration Begins and Morning Refreshments
9:00
Co-Chairs’ Opening Remarks
  • Donna Dong
    Deputy Trade Director-Asia
    Microsoft (Beijing)
  • Shubhendu Misra
    Customs Director
    General Motors
9:05
Customs Valuation: How to Resolve Complex Dutiable Royalty Payments and TransferPricing Issues
  • Cathy Wang
    Trade Manager - APAC
    Eaton Corporation (Shanghai)
  • Roy Huang
    Regional Customs Manager - Asia Pacific
    Schneider Electric (Shanghai)
  • Navigating the evolving regulatory framework for royalty payments
  • What can be learned from 2011 customs royalty cases and the current enforcement landscape
  • Discussing criteria for determining whether or not royalties in customs value
  • Understanding the relationship between royalty payments and withholding tax
  • Resolving trademark, know-how and licensing issues to determine royalty payments
  • Minimizing the risks of potential customs audits on royalty payments
  • The relevance of reference prices and transfer pricing in customs valuation
  • Rulings and price consultation process
10:15
Ensuring Effective Compliance with Encrypted Product Import Regulations
  • John S. Larkin II
    Larkin Trade International Associates (Beijing)
  • Update on encryption regulatory and enforcement developments
  • Understanding the “core-function” test process, and what information is required to obtain registration and certification
  • Discussing the standards on encryption products and what they cover
  • How SEMB officers interpret the encryption standards and regulations
11:00
Coffee/Tea Break
11:15
Optimizing the Warranty and Service Parts Import and Export Process
  • Kent Steward
    PRC Trade Director
    Intel (Shanghai)
  • How to bridge the gap between regulations and commercial operations
  • Obtaining CIQ standard certification for broken parts
  • Weighing options on treating service parts in different ports and how to communicate with local customs officials
  • Detecting hidden issues that might cause potential violations
  • Implementing inventory management practices for critical service parts, bonded operations to prevent delays
  • Discussing issues associated with direct import to EPZ
12:00
How to Obtain CCC Mark Approvals and Use CCC Waivers
  • Macro Wu
    Standardization Manager
    Philips (Shanghai)
  • Raoul Yang
    General Manager
    Pony Testing International Group (Beijing)
  • How the CCC application procedure has changed post-2010 product list and implementation revisions
  • Meeting new standard requirements for type tests for different products
  • Passing factory audits:
    • Meeting quality system requirements
    • Meeting the critical components controls standards
    • Preparing for unexpected audits
  • How to present your innovative products effectively in front of the CQC Technical Committee to obtain CCC waivers
12:45
Networking Luncheon for Speakers and Attendees
2:00
Status Update on China Ports of Entry: What You Need to Know to Expedite Clearance in Key Ports
  • Moonly Ren
    Director‚ General Manager
    Joto Supply Chain Management Co.‚ Ltd (Shanghai)
  • Enterprise classification rule: Weighing the pros and cons of applying for higher ratings
  • How to get the latest updated information on internal notices and guidelines on a monthly basis
  • Discussing the common delays affecting the customs clearance process and how to prevent them
  • Latest update on the new clearance methods for Bonded Logistics Park (BLP)
  • Understanding the benefits for foreign companies to use BLP at Pudong airport for customs clearance
2:30
Implementing and Monitoring a Robust Customs Broker Management Program
  • Grace Ai
    Customs Manager - APAC
    Oracle Corporation (Beijing)
  • Jason Lin
    Senior International Trade Compliance Officer‚ Greater China
    TE Connectivity (Shanghai)
  • Influencing your management team on selecting customs brokers
  • Monitoring broker payments to mitigate non-compliance risks
  • Defining broker’s responsibilities clearly in contracts to mitigate risks
  • Ensuring customer brokers are disclosing the right information to China Customs
  • Deciding which documents requested by customs brokers are reasonable or not
  • Using measurement systems (i.e. score cards, KPI) to manage brokers’ performance
  • Conducting periodic compliance checks on customs brokers
3:15
Coffee/Tea Break
3:30
Qualifying for Duty Free Status When Importing Capital Equipment into Chinak
  • Linda He
    Global Trade Compliance Manager - Asia Pacific Manager
    Merck (Shanghai)
  • What documents/information are required to ensure your products are qualified as capital equipments
  • Contrasting treatments for new vs. old equipments
  • Understanding the impact of equipment valuation on qualifying as duty-exempt
  • Examining the relationship between duty free capital equipment and customs VAT valuation
4:00
Maximizing the Benefits of Export VAT Refund through Effective Planning
  • Jon Cowley
    Associate
    Baker & McKenzie (Hong Kong)
  • Identifying when the VAT applies to your transactions
  • Structuring the transaction through calculating the maximum benefits of VAT refund
  • Update on products under the VAT refund regime
  • Discussing how HS codes will decide your pricing models
  • Reducing the product cost through calculating the export VAT recovery rate
  • Understanding how China Customs checks the HS code to decide the VAT refund for imports and exports
  • How suppliers and importers can work together to maximize the refund
  • Submitting the refund documents to tax authorities on time
4:45
Co-Chair’s Closing Remarks and Conference Ends

Workshop: Thursday, Dec 01, 2011

A:
9:00AM
A Deep Dive into China Classification Post WCO HS Amendments 2012: What Every Trade Executive Needs to Know
  • Frank Quan
    Asia Pacific Customs Classification Leader Global Trade Import Control - Greater China and Japan
    Hewlett-Packard (Beijing)
  • Daniel ZumBrunnen
    Regional Manager North Asia Customs & Indirect Tax
    General Motors
  • Shanshan Xu
    Senior Partner
    Haihua Yongtai Law Firm (Shanghai)

Tariff classification is tied to all aspects of import and export transactions. The potential implications for an importer and exporter for non-compliance can be severe. When resolving disputes with China Customs, the process for examining and determining the tariff classification can be complex and time consuming.

Through interactive discussion with senior trade compliance practitioners, this practical working group will provide you with unique insights into the mechanics and rules of China customs classification. The discussion will also include in-depth analysis of the impact of WCO’s HS amendments 2012 on China's classification system.

Whether you are new to this field or a seasoned veteran who needs a refresher, this unique workshop will provide you with a
complete guide to China classification rules.

Topics will include:

  • Introduction to HS in China and the impact of new changes in WCO HS amendments 2012 on China classification system
    • Comparing the differences between WCO 2007 and WCO 2012
    • Re-classifications of new products
    • How China Customs introduces this new WCO HS amendment and the impact on past classification rules
  • Understanding how different classification practices from various ports will impact your import
  • Discussing pros and cons of a global classification system used in China
  • Obtaining tariff classification decisions from China Customs in advance of importation and exportation, and the duty saving opportunities
  • How to appeal an unfavorable customs classification rulings
  • Interim import and export duty rate
  • Negotiating with China Customs in a contentious situation
  • Discussing potential implications of non-compliance
B:
1:30PM
Leveraging Bonded Operations and Handbook Management to Achieve Duty Exemption for Imported Materials: A Strategic How-To Guide
  • Jason Lin
    Senior International Trade Compliance Officer‚ Greater China
    TE Connectivity (Shanghai)
  • Yan Fei
    Import and Export Manager
    Panasonic (Beijing)
  • Sarah Chin
    Partner‚ China Customs and Indirect Tax Practice Leader
    Deloitte China (Shanghai)

Bonded operation is the primary duty suspension/relief program in China. Customs duty and import VAT savings can amount to several million per year. Companies engaging in bonded operation that cannot reconcile and balance the customs handbook can face
severe consequences if the China Customs authorities initiate an audit. For instance, companies can face duty assessments, penalties, downgrading in enterprise classification, and the suspension of new customs handbook issuance.

Through a case study approach, this workshop will provide you with a step-by-step, practical guide to managing customs reconciliation and balancing to ensure your bonded operation is compliant toward achieving duty exemption for imported materials.

Topics include:

  • What does processing trade relief (PTR) mean to business
  • Overview of compliance requirements in typical customs review areas in PTR operations
  • Identifying reasons causing the customs handbook imbalanced and implications for customs operation
  • Measures to reduce the materiality of the customs handbook imbalance
  • Customs handbook balancing process, variance factors and adjustment challenges
  • Internal cross-functional customs handbook balancing, management tools and strategies
  • Managing the data transaction flow under bonded operation
  • Maintaining relevant documentation and records to support customs handbook reconciliations
  • Managing customs handbook HS classifications, category groupings, bonded inventory consumption and variance tracking
  • Key steps in preparing for customs duty and import VAT relief applications
  • How to prepare for a customs on-site audit
  • Lessons learned from recent customs audit cases: dos and don'ts when customs audits is raised