China is and will continue to be one of the most
attractive markets for consumer goods.
With a population of more than one and a half billion people and a
middle class of more than 300 million, that is projected to grow to at least
700 million in the next 20 years. Based
upon our experience in China and having been a part of the tremendous growth,
we have seen that this emerging middle class, which is already larger than the
U.S. population, is spending money like crazy and is not saving like previous
generations.
Given that China is one of the only places in the
world that has had double digit growth in GDP (except for this year which is
still 8%), it has a burgeoning and spend crazy middle class, a developing legal
system and excellent infrastructure, everyone should want to bring their
products and services into this market.
It’s not that easy. For many
products, and services there are taxes.
China does not have a national sales tax on retail items like other
countries and so it imposes import duties, value added taxes and consumption
taxes which the importer, wholesaler or retailer must add to the price the
consumer pays. It’s all hidden, but,
believe me they can be quite steep. For
example, the total duty on imported wine, which is the only wine worth drinking
in China, is between 41 and 50% which can make many products cost prohibitive
when compared to quality – the value is just not there.
And people think China is cheap! I would offer that in the major cities in
China, cost of living is higher than most cities in the U.S. and Europe and
inflation has not stopped in the 10 years that we have been advising clients in
China. China aint cheap anymore, but,
the domestic market where they don’t mind paying higher prices on quality items
(that aren’t fake) is enormous and growing.
So, until the central government decides to either
scrap it’s antiquated and cumbersome Value Added Tax “V.A.T.” system, which we
don’t see that happening for a long time as too many people would lose a lot of
money ,or they lower the import duties and consumption taxes on imported
products - there might be other way to bring in imported products that are in
high demand in China.
China and Hong Kong operate under a one country two
systems arrangement that has been in place since the turnover in 1999. Despite obvious cultural differences and the
fact that there is a border crossing, most of us who do business in South China
consider the two as one. In fact, there
is a treaty between Hong Kong and China which many people don’t know about that
allows for Hong Kong companies and professionals to operate in China and also a
few other things such as the duty free import of Hong Kong made products. Below is a summary of the CEPA rules
pertaining to importation of Hong Kong products which could provide a solution
to the high import duties in China.
In
order to enjoy zero tariffs under the Closer Economic Partnership Agreement
(CEPA), goods exported from Hong Kong to Mainland China must fulfill the rules
of origin and show evidence of being “made in Hong Kong.”
The
execution of the rules of origin is detailed in the “Customs Provisions of the
People’s Republic of China on Executing the Rules of Origin for Trade in Goods
under the Mainland/Hong Kong Closer Economic Partnership Arrangement
(haiguanshuling No.106, hereinafter refers as ‘Provisions’),” which was
promulgated in December 2003 and came in effect from January 1, 2004. Under the
Provisions, “Hong Kong” as the origin of goods shall be determined according to
the following principles:
1. Goods entirely obtained in Hong Kong 2.Goods
“substantially manufactured” in Hong Kong if not entirely obtained in Hong Kong
Goods entirely obtained in Hong Kong According to the Provisions, goods
entirely obtained in Hong Kong include:
- Minerals exploited or extracted in Hong Kong
- Plants or related products collected in Hong Kong
- Animals born and raised up in Hong Kong and their
related products
- Animals hunted in Hong Kong
- Fish and other sea products caught by ships with Hong
Kong licenses and regional flags and their related products
- Waste disposal for recycling from and collected in Hong
Kong
- Waste and scrap for recycling resulting from
manufacturing in Hong Kong
- Products made out of waste disposal or waste and scrap
mentioned above Substantial processing, transformation, or manufacturing
The criteria of determining whether the products are “substantially
manufactured, transformed, or processed” in Hong Kong should include the
following:
Manufacturing
or processing operations. The goods
should be endowed with essential characteristics after principal manufacturing
or processing operations in Hong Kong.
Change
of tariff number. Change of tariff
number refers to a change of the four-digit tariff numbers and taxation
categories after the manufacturing or processing operation of non-Hong Kong
materials in Hong Kong. Moreover, no further manufacturing or processing should
happen outside Hong Kong.
Ad
valorem percentage. Ad valorem
percentage is the ratio between the total value of raw materials, components,
labor and product development that are fully acquired in Hong Kong, and the FOB
value of the finished product for export.
- Ad valorem percentage = (Value of raw materials + value
of components + labor costs + product development costs) ÷ (FOB value of
finished product for export) Products with an ad valorem percentage equal
to or greater than 30 percent, and with the last manufacturing or
processing procedures completed in Hong Kong, shall be regarded as
“substantial processing.” The following stipulations apply:
- Calculation of the above “ad valorem percentage” should
be consistent with generally accepted accounting standards and with the
“Agreement on Implementation of Article VII of the General Agreement on
Tariffs and Trade 1994.”
- “Product development” refers to product development
conducted in Hong Kong for the purposes of producing or processing the
exporting goods. Incurred expenses for development shall be related to the
exporting goods, including the costs for self-developing of the producers
and processors, as well as the costs for the developing of consigned
natural or legal person. The expenses also includes fees for purchasing
designs, patents, patented technologies, trademarks or copyrights
processed by a natural or legal person in Hong Kong. The concerned value
should be clearly identifiable under generally accepted accounting
standards and the provisions of “Agreement on Implementation of Article
VII of the General Agreement on Tariffs and Trade 1994.”
- If raw materials or components originating from
Mainland China are used and they constitute part of the export products in
Hong Kong, when calculating the ad valorem percentage of the export
product, the raw materials or components from Mainland China should be
deemed to be originating from Hong Kong. The ad valorem percentage of the
export product should be greater than or equal to 30 percent, and greater
than or equal to 15 percent excluding the price of the raw materials or
components from mainland. Other criteria The “other criteria” refer to
other criteria agreed by authorities of both Mainland China and Hong Kong
in determining the origin of the products, besides the three
above-mentioned criteria.
Mixed
criteria. The “mixed criteria” means that two or more of the above-mentioned
criteria are used in determining the origin of the products.
Manufacturing
or processing for the purpose of transporting or storing the goods,
facilitating the packaging of the goods, or better packaging and displaying the
goods is not considered as “substantial processing, transformation, or
manufacturing.”
Simple
diluting, blending, packaging, bottling, desiccation, assembling, sorting or decorating
will not be regarded as “substantial processing, transformation, or
manufacturing.”
Package,
packaging materials, containers and accessories, spare parts, tools and
explanatory materials accompanying the goods should be ignored in determining
the origin of the goods.
______________
by Frank Caruso. Chair, China Practice Team
info@ipglegal.com