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 as well as 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 put more efforts on reforming the supervision system in recent years, neither domestic enterprises nor foreign enterprises feel less pressure from 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 the maximum extent, to improve the 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 previously working 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 on 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 the import and export trade data
• Consultation of inspection and quarantine, export tax refund and foreign exchange verification
• Research of 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 on commodity classification
• Resolution of disputes on customs valuation, e.g. issues related to royalties
• Resolution of disputes on 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
• Representation in civil proceedings in infringement cases
• Representation in civil suit collateral to criminal cases
6.Counseling of Enterprise Credit Certification
• Pre-evaluation on enterprise’s internal control, financial status, compliance with regulations, trade safety, etc.
based on customs’ certification standards for high-level credit enterprise as well as improvement proposal
• Assistance with enterprise on 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 on 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 become more complicated. Therefore, higher expectations and more complicated requirements are placed on legal services. 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 diversified 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 on entrustment of L/C issuing
• Disputes on L/C issuance
• Disputes on negotiation of L/C
• Disputes on stop of payment and fraud of L/C
• Disputes on L/C financing
• Disputes on L/C transfer
3. International Trade and Transportation
• Disputes air carriage contracts
• Disputes on international railway combined transport contract
• Disputes on multimodal transportation contract
• Disputes on freight forwarding contract
• Disputes on voyage charter party
• Disputes on time charter party
4. International Trade Insurance
• Disputes on import and export credit insurance contract
• Disputes on property damage insurance contract
• Disputes on liability insurance contract
• Disputes on 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 on fraud concerning independent guarantee
• Disputes on payment under independent guarantee
7.Resolution of Disputes on International Trade Agency
• Disputes on import and export agency contract
• Disputes on 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 of international trade in service
• Legal consultation of international trade in technology
• Legal consultation of 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
Maritimeand Trade
DHH Customs Team is dedicated to legal issues arising from shipping and insurance, which is also the core business of the Team. In matters and disputes related to shipping, maritime affairs, maritime trade, international logistics, warehousing, and so on, DHH lawyers have established a standard and streamlined case handling that covers all interests involved: the goods, the vessel and the personnel. The scope of business covers maritime affairs involving vessel collision, B/L , transportation, insurance claims and rights ofsubrogation.DHH lawyers have provided legal support to litigation and non-litigation practice for many shippers, charterers, ship owners and insurers. We also act as long-term legal advisers for many large state-owned enterprises and shipping companies. DHH Customs Team have accumulated rich experience in maritime trade, charter party, arrest of ship, and shipbuilding.
1.Consultation of Regular Maritime Affairs
• Analysis on liabilities of carrier
• Settlement of container demurrage
• Rights and obligations of freight forwarders
• Legal status of non-vessel operation carrier
• Disposition of goods not being taken delivery at destination port
• Prevention and control of risks of goods delivery without original B/L
• Application and enforcement of maritime injunction
• Death and injuryat sea
• Vessel collision
• Circulation, storage and supervision of goods at port
• Port operation issues
2.Resolution of Contract Disputes of Carriage by Sea
• Disputes on cargo damage and loss under contract of carriage of goods by sea
• Resolution of disputes on contract of carriage of passengers by sea
• Disputes on container demurrage
• Disputes on delivery of goods without original B/L
• Disputes on issues related to B/L transfer
• Resolution of disputes on goods not being taken delivery
3.Resolution of Disputes on Freight Forwarding
• Disputes on collection of agency fee of the freight forward enterprise
• Identification and determination of freight forward enterprise and non-vessel operation carrier
• Collection of disbursements of freight forward enterprise
• Documents, e.g. Lien of B/L, etc. and goods by freight forward enterprise
• Exemption of freight forward enterprise’s liabilities in the disputes on the contract of carriage of goods by sea
4.Port Warehousing Contract
• Prevention and control of risks of execution of contracts for port storage, custody and warehousing
• Resolution of disputes on warehousing charge and storage charge
• Analysis on responsibilities of goods custody
• Disputes on title to the goods at port, e.g. ownership or right to mortgage
• Disputes on supervision on pledge of the goods at port
5.Maritime Injunction
• Application for maritime injunction
• Reconsideration of maritime injunction
• Enforcement of maritime injunction
• Resolution of disputes related to maritime injunction
6. Maritime Insurance
• Marine cargo insurance and compensation contract
• Resolution of disputes on subrogation
• Disputes on liability insurance contract
• Disputes on open insurance contract
7.Seaman Management
• Management of seaman labor contracts and service contracts
• Compensation for seaman personal injury
• Resolution of disputes on seaman labor contract and service contract
• Disputes on seaman dispatch contract
• Payment of remuneration related to seaman boarding and on board services as well as debarkation and repatriation
8.Resolution of Disputes related to Other Maritime Affairs and Trades
• Vessel collision
• Disputes on shipbuilding
• General average
• Resolution of maritime administrative cases
• Arrest of ship and auction
Trade Remedies and WTO
Since 2004, DHH lawyers have represented many Chinese enterprises in a series of anti-dumping investigations initiated by several countries and regions, including EU, US, India, Canada, South Africa, Turkey, Brazil, Argentina, Egypt, Russia, etc.. Considerably favorable tax rates have been awarded to Chinese exporters DHH represented in anti-dumping cases. For new market entry to any country subject to anti-dumping duty rate, DHH lawyers opened the market for enterprises by operation of new exporter review or sunset review procedures. DHH Customs Team will help export enterprises gain edges in overseas market with professional experience and mastery of anti-dumping rules. We will provide following services in each stage of anti-dumping cases.
1.Preliminary Consultation of Anti-Dumping Cases
• Providing strategic proposal for enterprise without experience in anti-dumping cases which intends to export to any country subject to anti-dumping duty rate
• Valuation of the export prices for any country subject to anti-dumping duty rate for enterprises
• Review of preliminary export planning for enterprises
2.Anti-Dumping Case Services
• Notification of register information
- Timely acquisition of register information of anti-dumping investigations
- Preparation of summaries in Chinese version by translating and collating register information
- Notification of register information summaries to enterprise
• Review and translation of questionnaire and preparation of guidance materials for the questionnaire
- Translation and renewal of questionnaire as well as its annexes and attached lists -Collation of documents list
- Collation of key information gathering list
- Collation of data record sheet
• Counseling of on-site questionnaire answering
- To understand the production, supply and sales process of enterprise and determine the defense scheme
- To understand the internal management structure of enterprise and determine the members of defense team
- To provide training for defense personnel and explain the anti-dumping principle and the questionnaire structure
- To carry out instruction by department, distribute the guidance materials and assign questionnaire tasks
- To understand the specific business by department, and collect the answers of questionnaires
- To adjust data sheet according to enterprise’s sales policy and account book structure
- To answer other relevant questions proposed by defense personnel
• To review documents and data and prepare official questionnaire
- To select and review documents
- To review data articulation
- Document translation
- To prepare questionnaire in confidential version and public version according to requirements
• Administrative Procedures
- Registration procedure for cooperation in anti-dumping investigation
- Application for a delay in submitting questionnaires as necessary
- Submission of questionnaires and supplement of questionnaire answers
• Defense in field audit
- Collation of supporting data and documents
- Training on field answering personnel and counselling of the arrangement for field audit
- Simulation of field audit
- Organization and coordination of field personnel for information presentation and question answering
• Comments and Hearing
- Timely acquisition of preliminary award and notification to enterprise
- Submission of comments to investigation authorities
- Participation in hearing and declaration of comments on behalf of enterprise
- Submission of written comments based on the hearing
Defense for Criminal Cases and Cases subject to Administrative Penalties
The laws and regulations of international trade are complex, and it is difficult for enterprises to get an in-depth understanding of all aspects. Breach of law is always a possibility and enterprises may be subject to administrative penalty imposed by customs or even criminal liability. Meanwhile, enterprises may also become victims of contract fraud, L/C fraud, etc. in international transactions.DHH Customs Team offer clients the criminal defense service provided by top talents who graduated from major customs houses’ anti-smuggling authorities, procuratorates and courts. In addition, we have a group of experts available for cases subject to administrative penalty. DHH’s practical experience in defense of smuggling cases, cases subject to customs administrative penalty will support enterprises in minimizing the consequences of disputes.
The services are listed below:
1. Defense of Criminal Cases
• Offense of smuggling, including but not limited to offense of smuggling general goods and articles, offense of smuggling wastes, offense of smuggling rare animals and rare animal products, offense of smuggling goods and articles prohibited from importation and exportation, etc.
• Tax-related offenses, including offense of export tax refund fraud, offense of false invoice issuance, offense of tax evasion, etc.
• Offense of commodity inspection evasion and offense of illegal operation (buying or selling import and export quotas, licenses, etc.)
• Offense of contract fraud, L/C fraud, and other offenses related to L/C;
• Offense of money laundering, offense of concealing illegal gains and relevant offenses;
• Offense of IPR infringement, including but not limited to offense of counterfeiting registered trademark, offense of selling products with counterfeit registered trademark, etc.;
• Offense of misappropriation by enterprise staff, offense of bribery crime of non-government officials, etc.
2. Defense in Administrative Penalty Cases
• Cases subject to administrative penalty imposed by customs, including but not limited to inaccurate declaration of import and export goods, replacement and transfer of bonded goods without permission, outward processing without permission, mortgage of goods with duty reduction and exemption without permission, etc.
• Cases subject to administrative penalty imposed by entry-exit inspection and quarantine authorities, including but not limited to inaccurate declaration of import and export goods for inspection, inspection and quarantine certificates fraud, use of import commodity without permission, undeclared entering wooden packages, alternation of inspection and quarantine certificates, etc.;
• Cases subject to administrative penalty imposed by administrations of foreign exchange, including but not limited to violation of regulations on foreign exchange purchase and payment, receipt and payment of current account foreign exchange with false materials, etc.
• Cases subject to administrative penalty imposed by maritime authorities, including but not limited to inaccurate declaration, etc. for carriage of dangerous goods, and violation of management regulations on vessel inspection and registration;
• Defense of other cases concerning international trade subject to administrative penalty
• Defense of enterprises subject to administrative penalty in filing and participation in administrative reconsideration and administrative litigation
3. Other Relevant Legal Services and Dispute Resolution
• Defense of international economic crime allegations(multilingual);
• Representation in general contract fraud, L/C fraud, etc.;
• Examination and management of criminal legal risks of import and export enterprises and entrepreneurs;
• Application for return of import and export goods, funds, etc. subject to detention and attachment
We offer the following legal services to import and export companies:
Import and Export Customs Clearance (Customs Affairs)
Even though China customs put more efforts on reforming the supervision system in recent years, neither domestic enterprises nor foreign enterprises feel less pressure from 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 the maximum extent, to improve the 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 previously working 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 on 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 the import and export trade data
• Consultation of inspection and quarantine, export tax refund and foreign exchange verification
• Research of 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 on commodity classification
• Resolution of disputes on customs valuation, e.g. issues related to royalties
• Resolution of disputes on 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
• Representation in civil proceedings in infringement cases
• Representation in civil suit collateral to criminal cases
6.Counseling of Enterprise Credit Certification
• Pre-evaluation on enterprise’s internal control, financial status, compliance with regulations, trade safety, etc.
based on customs’ certification standards for high-level credit enterprise as well as improvement proposal
• Assistance with enterprise on 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 on 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 become more complicated. Therefore, higher expectations and more complicated requirements are placed on legal services. 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 diversified 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 on entrustment of L/C issuing
• Disputes on L/C issuance
• Disputes on negotiation of L/C
• Disputes on stop of payment and fraud of L/C
• Disputes on L/C financing
• Disputes on L/C transfer
3. International Trade and Transportation
• Disputes air carriage contracts
• Disputes on international railway combined transport contract
• Disputes on multimodal transportation contract
• Disputes on freight forwarding contract
• Disputes on voyage charter party
• Disputes on time charter party
4. International Trade Insurance
• Disputes on import and export credit insurance contract
• Disputes on property damage insurance contract
• Disputes on liability insurance contract
• Disputes on 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 on fraud concerning independent guarantee
• Disputes on payment under independent guarantee
7.Resolution of Disputes on International Trade Agency
• Disputes on import and export agency contract
• Disputes on 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 of international trade in service
• Legal consultation of international trade in technology
• Legal consultation of 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
Maritimeand Trade
DHH Customs Team is dedicated to legal issues arising from shipping and insurance, which is also the core business of the Team. In matters and disputes related to shipping, maritime affairs, maritime trade, international logistics, warehousing, and so on, DHH lawyers have established a standard and streamlined case handling that covers all interests involved: the goods, the vessel and the personnel. The scope of business covers maritime affairs involving vessel collision, B/L , transportation, insurance claims and rights ofsubrogation.DHH lawyers have provided legal support to litigation and non-litigation practice for many shippers, charterers, ship owners and insurers. We also act as long-term legal advisers for many large state-owned enterprises and shipping companies. DHH Customs Team have accumulated rich experience in maritime trade, charter party, arrest of ship, and shipbuilding.
1.Consultation of Regular Maritime Affairs
• Analysis on liabilities of carrier
• Settlement of container demurrage
• Rights and obligations of freight forwarders
• Legal status of non-vessel operation carrier
• Disposition of goods not being taken delivery at destination port
• Prevention and control of risks of goods delivery without original B/L
• Application and enforcement of maritime injunction
• Death and injuryat sea
• Vessel collision
• Circulation, storage and supervision of goods at port
• Port operation issues
2.Resolution of Contract Disputes of Carriage by Sea
• Disputes on cargo damage and loss under contract of carriage of goods by sea
• Resolution of disputes on contract of carriage of passengers by sea
• Disputes on container demurrage
• Disputes on delivery of goods without original B/L
• Disputes on issues related to B/L transfer
• Resolution of disputes on goods not being taken delivery
3.Resolution of Disputes on Freight Forwarding
• Disputes on collection of agency fee of the freight forward enterprise
• Identification and determination of freight forward enterprise and non-vessel operation carrier
• Collection of disbursements of freight forward enterprise
• Documents, e.g. Lien of B/L, etc. and goods by freight forward enterprise
• Exemption of freight forward enterprise’s liabilities in the disputes on the contract of carriage of goods by sea
4.Port Warehousing Contract
• Prevention and control of risks of execution of contracts for port storage, custody and warehousing
• Resolution of disputes on warehousing charge and storage charge
• Analysis on responsibilities of goods custody
• Disputes on title to the goods at port, e.g. ownership or right to mortgage
• Disputes on supervision on pledge of the goods at port
5.Maritime Injunction
• Application for maritime injunction
• Reconsideration of maritime injunction
• Enforcement of maritime injunction
• Resolution of disputes related to maritime injunction
6. Maritime Insurance
• Marine cargo insurance and compensation contract
• Resolution of disputes on subrogation
• Disputes on liability insurance contract
• Disputes on open insurance contract
7.Seaman Management
• Management of seaman labor contracts and service contracts
• Compensation for seaman personal injury
• Resolution of disputes on seaman labor contract and service contract
• Disputes on seaman dispatch contract
• Payment of remuneration related to seaman boarding and on board services as well as debarkation and repatriation
8.Resolution of Disputes related to Other Maritime Affairs and Trades
• Vessel collision
• Disputes on shipbuilding
• General average
• Resolution of maritime administrative cases
• Arrest of ship and auction
Trade Remedies and WTO
Since 2004, DHH lawyers have represented many Chinese enterprises in a series of anti-dumping investigations initiated by several countries and regions, including EU, US, India, Canada, South Africa, Turkey, Brazil, Argentina, Egypt, Russia, etc.. Considerably favorable tax rates have been awarded to Chinese exporters DHH represented in anti-dumping cases. For new market entry to any country subject to anti-dumping duty rate, DHH lawyers opened the market for enterprises by operation of new exporter review or sunset review procedures. DHH Customs Team will help export enterprises gain edges in overseas market with professional experience and mastery of anti-dumping rules. We will provide following services in each stage of anti-dumping cases.
1.Preliminary Consultation of Anti-Dumping Cases
• Providing strategic proposal for enterprise without experience in anti-dumping cases which intends to export to any country subject to anti-dumping duty rate
• Valuation of the export prices for any country subject to anti-dumping duty rate for enterprises
• Review of preliminary export planning for enterprises
2.Anti-Dumping Case Services
• Notification of register information
- Timely acquisition of register information of anti-dumping investigations
- Preparation of summaries in Chinese version by translating and collating register information
- Notification of register information summaries to enterprise
• Review and translation of questionnaire and preparation of guidance materials for the questionnaire
- Translation and renewal of questionnaire as well as its annexes and attached lists -Collation of documents list
- Collation of key information gathering list
- Collation of data record sheet
• Counseling of on-site questionnaire answering
- To understand the production, supply and sales process of enterprise and determine the defense scheme
- To understand the internal management structure of enterprise and determine the members of defense team
- To provide training for defense personnel and explain the anti-dumping principle and the questionnaire structure
- To carry out instruction by department, distribute the guidance materials and assign questionnaire tasks
- To understand the specific business by department, and collect the answers of questionnaires
- To adjust data sheet according to enterprise’s sales policy and account book structure
- To answer other relevant questions proposed by defense personnel
• To review documents and data and prepare official questionnaire
- To select and review documents
- To review data articulation
- Document translation
- To prepare questionnaire in confidential version and public version according to requirements
• Administrative Procedures
- Registration procedure for cooperation in anti-dumping investigation
- Application for a delay in submitting questionnaires as necessary
- Submission of questionnaires and supplement of questionnaire answers
• Defense in field audit
- Collation of supporting data and documents
- Training on field answering personnel and counselling of the arrangement for field audit
- Simulation of field audit
- Organization and coordination of field personnel for information presentation and question answering
• Comments and Hearing
- Timely acquisition of preliminary award and notification to enterprise
- Submission of comments to investigation authorities
- Participation in hearing and declaration of comments on behalf of enterprise
- Submission of written comments based on the hearing
Defense for Criminal Cases and Cases subject to Administrative Penalties
The laws and regulations of international trade are complex, and it is difficult for enterprises to get an in-depth understanding of all aspects. Breach of law is always a possibility and enterprises may be subject to administrative penalty imposed by customs or even criminal liability. Meanwhile, enterprises may also become victims of contract fraud, L/C fraud, etc. in international transactions.DHH Customs Team offer clients the criminal defense service provided by top talents who graduated from major customs houses’ anti-smuggling authorities, procuratorates and courts. In addition, we have a group of experts available for cases subject to administrative penalty. DHH’s practical experience in defense of smuggling cases, cases subject to customs administrative penalty will support enterprises in minimizing the consequences of disputes.
The services are listed below:
1. Defense of Criminal Cases
• Offense of smuggling, including but not limited to offense of smuggling general goods and articles, offense of smuggling wastes, offense of smuggling rare animals and rare animal products, offense of smuggling goods and articles prohibited from importation and exportation, etc.
• Tax-related offenses, including offense of export tax refund fraud, offense of false invoice issuance, offense of tax evasion, etc.
• Offense of commodity inspection evasion and offense of illegal operation (buying or selling import and export quotas, licenses, etc.)
• Offense of contract fraud, L/C fraud, and other offenses related to L/C;
• Offense of money laundering, offense of concealing illegal gains and relevant offenses;
• Offense of IPR infringement, including but not limited to offense of counterfeiting registered trademark, offense of selling products with counterfeit registered trademark, etc.;
• Offense of misappropriation by enterprise staff, offense of bribery crime of non-government officials, etc.
2. Defense in Administrative Penalty Cases
• Cases subject to administrative penalty imposed by customs, including but not limited to inaccurate declaration of import and export goods, replacement and transfer of bonded goods without permission, outward processing without permission, mortgage of goods with duty reduction and exemption without permission, etc.
• Cases subject to administrative penalty imposed by entry-exit inspection and quarantine authorities, including but not limited to inaccurate declaration of import and export goods for inspection, inspection and quarantine certificates fraud, use of import commodity without permission, undeclared entering wooden packages, alternation of inspection and quarantine certificates, etc.;
• Cases subject to administrative penalty imposed by administrations of foreign exchange, including but not limited to violation of regulations on foreign exchange purchase and payment, receipt and payment of current account foreign exchange with false materials, etc.
• Cases subject to administrative penalty imposed by maritime authorities, including but not limited to inaccurate declaration, etc. for carriage of dangerous goods, and violation of management regulations on vessel inspection and registration;
• Defense of other cases concerning international trade subject to administrative penalty
• Defense of enterprises subject to administrative penalty in filing and participation in administrative reconsideration and administrative litigation
3. Other Relevant Legal Services and Dispute Resolution
• Defense of international economic crime allegations(multilingual);
• Representation in general contract fraud, L/C fraud, etc.;
• Examination and management of criminal legal risks of import and export enterprises and entrepreneurs;
• Application for return of import and export goods, funds, etc. subject to detention and attachment
