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Quick Question Friday, China Law Answers, Part XXVIII
Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a super fast general answer and, when it is easy to do so, a link or two to a blog post that may provide some additional guidance. We figure we might as well post some of these on here as well. On Fridays, like today.
One of the more common emails we get are similar to the following one I received just this morning:
I have an associate who has a family-run ______ business in Sierra Leone. They have drummed up interest in China and want to move forward. Before they do, I have recommended they are 100% clear on the customs side for importing 1) ________ and 2)________ into China.
My question is can you advise on where to find additional information on such customs claims?
My answer was as follows:
I don’t understand your question or your associate’s situation. You make it seem like they are considering importing ______ and _________ stones into China, but yet you want information regarding a customs claim. Has the Chinese government already made a customs claim and, if so, what sort of claim?
Generally, for customs matters and pretty much all legal matters in China we start by determining the relevant Chinese laws and then reading them. We typically then read relevant Chinese cases and regulations that relate to or interpret those laws. Depending on the legal subject matter, we sometimes seek out the local regulations as well, and then we speak with the relevant government authorities to determine whether our views on the laws and regulations correspond with their views on the laws and regulations. Most importantly, we want to get their views on how the laws and regulations apply to our client’s specific situation. The Chinese government can be very helpful with these things and since it is their interpretations that matter in the end, this last step is oftentimes the most important of all. This tends to be especially true with customs where much is based on customs (pun intended) as opposed to the written law.
We will be discussing the practical aspects of Chinese law and how it impacts business there. We will be telling you what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
Source: http://www.chinalawblog.com/2016/09/quick-question-friday-china-law-answers-part-xxviii.html
