Brand Types, Export Gain | Department of Statistics of the General Administratio
1.Why increase the declared brand type?
Answer: The construction of foreign trade brands is a strategic measure to promote trade power and cultivate new competitive advantages in foreign trade. Since 2015, the General Administration of Customs and the Ministry of Commerce have started to study the classification of brands, conducted extensive research, and continuously optimized the implementation plan. After nearly three years of hard work, the “Brand Category” was formally launched on January 1, 2018 as a required entry for declaration. Adding brand types to customs declaration forms (including filing lists, the same below) can facilitate customs to establish a sound brand statistics system, collect brand information of import and export goods in time, and compile corresponding customs statistics. The relevant government departments can fully understand the details. The brand situation of import and export commodities, accurate judgment of the foreign trade situation, identification of brand policies, focus on guiding local governments and enterprises to strengthen brand building work. Trade associations and enterprises can also find gaps and supplement short boards through various brands of import and export information, speed up the cultivation of new competitive advantages and growth momentum, and actively adapt to the requirements of the new era.
2. What are the options for brand type? What are the declaration requirements?
A: brand types include five options, namely "no brand" (code 0), "domestic independent brand" (code 1), "domestic acquisition brand" (code 2), "overseas brand (OEM)" (code 3), "overseas brand (others)" (code 4). Among them, "no brand" is used for inbound and outbound goods without brand information; "domestic independent brand" refers to the brand independently researched and developed by domestic enterprises with independent intellectual property rights; "domestic acquisition brand" refers to the original overseas brand purchased by domestic enterprises; "overseas brand (OEM)" is only used for overseas products produced in China and exported according to the production contract "Foreign brand (others)" is used for all inbound and outbound goods using foreign brand except OEM.
The declaration shall be made according to the number code corresponding to the actual brand type of the goods.
3. What is the difference and connection between the brand type added this time and the "brand" in the standard declaration elements?
A: "brand type" and "brand" are filled in the column of "specification and model" in the customs declaration form, but they are totally different indicators. Among them, "brand type" is a required item for all commodities, which can only be declared according to the digital code corresponding to the five options. It reflects the broad category attributes of brands, and is mainly used to compile brand import and export statistics, so as to provide data support for accurately studying the foreign trade situation and identifying the focus of brand construction. However, the "brand" elements in the standardized declaration catalogue are only applicable to some commodities, The specific brand name must be declared at the time of declaration, which reflects the actual brand information of import and export commodities, and is mainly used for customs valuation and intellectual property protection. Both "brand categories" and "brands" must be declared truthfully according to the actual situation of import and export commodities.
4. Besides the customs declaration form, does the entry and exit record list also need to declare the brand type?
A: Yes, for goods imported and exported between customs special supervision areas, bonded supervision places and foreign countries, and goods exchanged between customs special supervision areas such as export processing zones and domestic countries, it is necessary to declare the brand type of goods truthfully when declaring the filing list, that is, whether the first-line declaration or the second-line declaration.
5. Are Hong Kong, Macao and Taiwan brands domestic or overseas?
A: Hong Kong, Macao and Taiwan are part of China's territory, but they belong to separate customs zones, which are "within the territory of the people's Republic of China and outside the customs territory". The Customs Law of the people's Republic of China is not applicable. Therefore, Hong Kong, Macao and Taiwan brands belong to overseas brands.
6. Is it necessary for domestic independent brands to record their intellectual property rights in the customs?
A: the trademark exclusive right protected by the laws and administrative regulations of the people's Republic of China can be filed with the General Administration of Customs for customs protection of intellectual property rights. The scope of brand categories is wider, including but not limited to the trademarks registered in the Customs for intellectual property protection.
7. How to distinguish domestic brands from overseas brands when applying?
A: domestic brands and overseas brands are classified according to the location of the enterprise holding the brand, which has nothing to do with the R & D or use location of the brand. If the ownership of a brand belongs to an overseas enterprise, it shall be declared as an overseas brand, otherwise it shall be declared as a domestic brand.
8. Is it possible to declare an overseas brand only after obtaining the authorization from the holder of the overseas brand?
A: sometimes, the brand license is not in the form of a separate legal text such as a power of attorney, but expressed in terms of the contract in the processing contract. In this case, as long as the contract is complied with and the export commodities use foreign brands, they can be declared as foreign brands (OEM).
9. How to declare when multiple brand logos appear on the same product?
A: at this time, we need to carefully distinguish whether the brand logo is the brand information of the commodity or the logo logo such as advertisement, and declare the brand category based on the production brand of the commodity. For example, domestic clothing enterprises have produced a batch of work clothes used by production line workers for overseas enterprises, which are printed with the brand identity of domestic clothing enterprises and the brand identity of overseas enterprises. At this time, the brand identification of overseas enterprises only plays the role of prompt and identification, and has nothing to do with the brand of the commodity itself. The brand category should be declared according to the brand of domestic clothing enterprises.
10. How to declare if the same customs commodity number involves multiple brand types?
A: the declaration of brand type is unique and exclusive. In this case, the declaration should be made in branches in the table body of the customs declaration to ensure that each different brand type can accurately reflect the import and export situation of the corresponding goods.
11. A multinational company headquartered abroad has set up a wholly-owned branch company in China, which uses the head office brand for production. When exporting, do you declare a domestic brand or an overseas brand?
A: it is declared according to the overseas brand, because the owner of the brand is the overseas head office.
12. Is the brand of processing trade materials imported for OEM in China declared as "overseas brand (OEM)"?
A: brand type reflects the brand information of goods during production, and has nothing to do with the purpose or use of goods import and export. Imported materials for processing trade shall be declared according to the brand type of the materials themselves, and shall not be declared as "overseas brand (OEM)". For example, OEM enterprises import a batch of materials from Hong Kong with Hong Kong brand logo, which should be declared as "overseas brand (others)".
13. How to declare the brand type of outbound processing goods? Can it be declared as "overseas brand (OEM)"?
A: the "overseas brand (OEM)" in the brand type is only used for export goods produced in China and using overseas brands, not for outbound processing. Materials and finished products for outbound processing shall be declared for other brand types according to the actual situation of the brand.
14. In order to quickly open the international market, a domestic enterprise has acquired an overseas brand, which is directly used for import and export goods. How to declare?
A: it should be declared in accordance with "domestic brand acquisition".
15. How to declare the export commodities of a Sino foreign joint venture, one of which is a brand holder?
A: it depends on whether the brand holder is a domestic enterprise or an overseas enterprise. If the brand of Chinese invested enterprise is used, it shall be declared as domestic brand; if the brand of foreign invested enterprise is used, it shall be declared as overseas brand.
16. Imported goods are printed with overseas brands, but it is understood that the brand has not been registered overseas. How to declare?
A: as long as the owner of the brand is an overseas enterprise, it will be declared as an overseas brand, regardless of whether the brand is registered overseas or not.
17. A foreign-funded enterprise has independently developed new products in China with foreign brand logo. How to declare when exporting?
A: it should be declared according to overseas brands, regardless of whether the R & D of its products is at home or abroad.
18. There is only the name of the company on the outer package of the import and export goods, but the brand is not printed on the goods themselves. How to declare?
Answer: if the brand information cannot be reflected on the commodity or its sales package, it should be declared as "no brand".
19. Import and export goods do not have any brand or trademark, and their outer packaging is printed with enterprise name and trademark. How to declare?
A: the corresponding brand category should be analyzed from its trademark. If it belongs to overseas trademark, it should be declared according to overseas brand.
20. When the overseas parent company requires the domestic subsidiary to paste the handwritten brand and model on the outer package of the goods when exporting, how to declare?
A: although it is handwritten information, it can also identify the brand type. It should be filled in according to whether the brand holder is domestic or overseas.
21. For the import and export of complete sets of goods, complete products or complete sets of parts or unassembled parts of finished products, if some of the components are foreign brands, some are domestic brands, and some have no brands, how to declare?
A: we should determine the commodity tax code column according to the general rules of commodity coding and name coordination system, and then report truthfully according to the brand category of the corresponding commodity in the tax code column.
22. There is no brand type requirement for the processing trade manual applied for by the enterprise last year. This year, it is necessary to declare the brand category information, which is inconsistent with the manual filing information. Is there any impact on the subsequent procedures of verification?
A: the brand type belongs to the column of "specification and model" in the customs declaration form, and the enterprise should update the filing information in time according to the relevant provisions of regulating the change of declaration elements in the current "specification column".
I heard that there are new regulations on the administration of export goods under preferential trade agreements?
A: Yes, according to the Announcement No. 69 of the General Administration of Customs in 2017, from January 1, 2018, the column of "commodity name, specification and model" in the customs declaration form will be added with the item of "export benefits". The consignor of export goods or its agent can choose "export goods do not enjoy preferential tariff in the final destination country (region)" and "export goods enjoy preferential tariff in the final destination country (region)" "Customs duties", "export goods can not be determined in the final destination country (region) to enjoy preferential tariffs" truthfully declare.
What are the positive effects of the item "export benefits" in the declaration of export goods?
A: export enterprises should truthfully declare the "export benefits" items. When they encounter problems in the process of enjoying benefits in the final destination country (region), they can consult the customs in the place of registration of the enterprise or the origin Office of the General Administration of Customs in charge of the preferential trade agreement. The customs will provide targeted policy support and help.
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Contact information of Fuzhou origin Office of General Administration of Customs: 0591-87081525
Contact information of Shenzhen origin Office of the General Administration of Customs: 0755-84398831
Contact information of Gongbei origin Office of General Administration of Customs: 0756-8161559
The origin Office of the General Administration of customs is responsible for the implementation of preferential trade agreements. See the table below for details.
What are the meanings of "export benefits" and the three options?
A: export preference refers to the situation in which China plans to enjoy the other party's preferential tariff when its export goods are imported in the final destination country (region) according to the preferential trade agreement signed and implemented by China.
Export goods do not enjoy preferential tariff in the final destination country (region), which means that export goods do not plan to enjoy preferential tariff in the final destination country (region);
"Export goods enjoy preferential tariff in the final destination country (region)" means that export goods plan to enjoy preferential tariff in the final destination country (region);
Export goods can not be determined to enjoy preferential tariff in the final destination country (region), which means that the final destination country (region) of export goods can not be determined in the export declaration, and the final destination country (region) is the final destination country (region) as far as possible.
Do you need to declare this item in all export declaration forms?
A: Yes. When the "final destination country (region)" declared in the export declaration form is the country (region) involved in the preferential trade agreement signed and implemented by China, the consignor or its agent of export goods shall truthfully report the "export benefit situation" column according to the planned benefit situation of the goods in the final destination country (region).
When the "final destination country (region)" declared in the export declaration form is not the country (region) involved in the preferential trade agreement, the consignor of export goods or its agent shall choose "0 export goods do not enjoy preferential tariff in the final destination country (region)" to declare.
Can an export agent choose the option of "uncertain" when he or she does not know the specific circumstances of the export benefits due to his or her own reasons?
A: No. If the agent of export goods is not sure that the export goods will enjoy preferential tariff in the final destination country (region), it does not belong to the application scope of this option. The agent of export goods shall contact the consignor of export goods or the production and sales unit in time to understand the relevant situation, and report truthfully. It is not allowed to choose this option because the agent is uncertain.
Do you need to declare this item for import declaration?
Answer: there is no need to fill in the "export benefits" column in the import declaration form. The system will automatically assign "3 not applicable to the import declaration form" to this item.