‘s attention. Source: Dragon TV “Look East” after the introduction of the “Decree 54″, both international students jokingly as the streaking return home “, or outbound travelers shopping list” reluctantly must sell “, shows the impact of its specific populations can not be overlooked. So, how should one interpret the “Decree 54″, the Order which is exposed in the implementation and whether it should be revised and improved For this problem, the China Youth Daily has an exclusive interview with two experts in the field of China’s Customs Law. They are Zhao Guohua, deputy director of the Research Center of China University of Political Science and Law Customs Law,abercrombie pas cher, and Beijing Ming-based law firm lawyer Zhao Hui. Zhao Hui lawyers said that over 5000 immigrants resident travelers for personal use luggage subject to tax, and 20 kinds of goods a full tax as the main content of the “Decree 54″, levied on the ipad and other products suspected to be inconsistent with the WTO Agreement The tax rate is too high, the dutiable value is too large,louboutin pas cher, is suspected to be inconsistent with the World Trade Organization (WTO), “IT Product Agreement” (ITA). He pointed out that, from the legal effect of the level point of view, the “Decree 54″ is “normative documents” public announcement released by the General Administration of Customs, the lower the level of its legal effect, the right of the central government can be formulated by the normative documents departments or local governments to develop and publish. The WTO ITA nature is an international treaty,hollister, China joined officially signed, it shall be bound by, ITA same effect in our country has with the “legal”. “According to the provisions of the ITA,mercurial, to participate in the country should be in phases,mulberry outlet, will include various types of computer information technology products import tariffs reduced to zero tariffs,oakley.” Zhao Hui said, “But the General Administration of Customs Decree ’54 ‘levy to ipad high taxes,ray ban, obviously ITA ‘upper law’ contrary to. “Therefore,chaussure de foot, he believes, should be amended to” Decree 54 “. However, WTO law experts questioned in an interview with China Youth Daily, “Decree 54″ is a violation of China’s commitments under the WTO, to be further review. Han Yu, Renmin University of China, Law School professor and executive director of the China Law Society, the WTO will, I said to confirm that both “contrary to” sign the ITA needs to carefully review what specific commitments. “And even to check commitment, also because of the differences in understanding there are different views,” said Professor Han Liyu, “the China Litigation WTO cases, how many there are similar problems, not only to ’54 Order ‘proprietary.” Although ” Decree 54 “ITA rules contrary to yet to be confirmed, but the Commerce Department has sent a letter in early November to question the matter to the General Administration of Customs, but it is a fact. At press time,louboutin, the Ministry of Commerce seems to have reached an understanding with the General Administration of Customs,toms outlet, Ministry of Commerce spokesman Yao insisted that “support the General Administration of Customs duties according to law. The person in charge of the Customs Supervision Department also said that the time of entry, personal use ipad tax does not violate WTO rules. He said that the WTO rules for trade between countries, regions, involving goods. Ipad is items for personal use, not goods. Goods and articles, there is a difference, “Decree 54″ for personal items. Specified in the definition of “personal use items” non-standard “Decree 54″, the entry of the resident travelers, its access to more than 5000 yuan worth of “personal articles carried outside, only the excess part of taxation; inalienable individual items, such as expensive watches, designer handbags and so on, have to full taxation. Above provisions purported to intensify efforts to crack down on the water off, regulate the behavior of “purchasing”. Zhao Guohua said, “Decree 54″ of how to define a “personal articles” there is no detailed operability criteria, currently mainly rely on the Customs officers at the discretion of the site,tory burch outlet. “‘Personal use items’, not only in the ’54 Order’, even in the People’s Republic of China on Import and Export Duties Ordinance are not clearly defined, which is the Customs officer leave excessive discretion.” Zhao Hui said: “too much room for subjective judgment of law enforcement, which inevitably possible abuse of power, corruption.” He believes that such vague norms at the operational level, the change may make the boundaries of “personal articles” and “goods” too vague. In this case, the “goose plucking practice will be inevitable. Zhao Hui accordingly suggested that the development of more detailed criteria of personal articles. He also suggested that, before the introduction of specific criteria, the entry of residents of travelers should take the initiative to take measures to strengthen self-protection. For example, carried by individuals exit and entry items, in the country to take the initiative to declare to the customs registration of to prove its sources, in order to effectively avoid the “tax”; “get outside” items, to avoid the “Over” . “In addition, before shopping abroad may wish to calculate the price of the goods plus import tariffs, and purchased in the country a more cost-effective.” Zhao Hui also prompt If you think that a Customs officer in taxation is indeed infringed the legitimate rights and interests of immigrants residents should pay attention to collect and retain good evidence afterwards through administrative reconsideration litigation, seek solutions. In addition to the “excessive discretion”, Zhao Guohua pointed out, the “Decree 54″ indivisible items under the “one size fits all” full taxation, unfair. Zhao Hui further said that “one size fits all” is also reflected in the current valuation of the Customs Act tax items on. “According to the current provisions of the” duty-paid price list “laptop for general duty paid price is 5000 yuan, but in real life, the price of the laptop from the low end of the twelve thousand to high-end range of tens of thousands of dollars.” Zhao Hui said, “In this case, the Customs Law is still in valuation on ‘one size fits all’ is far too simple and crude,hollister online shop.” Han Yu is a combination of international experience, such a “one size fits all” provisions specification lagging behind largely times due. He taxed commodity “classified” as an example explained that, although the International Customs Organization (WCO) and the China Customs classification of goods, are clearly defined, but born in the era of high-speed development of new products, such as i Juan pad and other electronic products, but there is no time to reflect on the original classified directory. Thus, on the classification and valuation differences are inevitable. In this regard, Zhao Guohua summarized more concise, “Decree 54″ caused great repercussions in society, simply referred to as “the old provisions encounter new problems. “Decree 54″ whether we should modify the “Decree 54″ and whether it should be amended In this regard, the experts interviewed expressed a different opinion. Zhao Guohua, deputy director of “Decree 54″ itself is not a new requirement, but a summary of past customs-related laws and regulations and stressed. China’s Customs Law of the system, “Decree 54″ and other laws and regulations and its higher-level laws do not conflict, and thus do not need to make a big correction. “Just because of the release of the order, the customs law enforcement to increase a lot, ipad fine expensive electronic products and very easy to exceed the limits, plus many travelers loved and attention to these products, so ’54 Decree ‘ The reaction was so strong. “he said. Zhao Hui took a different view. He believes that “international law over domestic law, lower level law subject to the higher-level laws, the basic principles of our laws apply. China in the WTO accession negotiations process, once large-scale changes in domestic law to adapt to the relevant requirements of the WTO, the General Administration of Customs in the form of the “Decree 54″ levy high taxes on the ipad and other electronic products, contrary to our accession to the WTO when commitment and consistent approach to respect international treaties. Therefore, Zhao Hui proposition, “Decree 54″ shall be modified in a timely manner, in order to avoid violation of the ITA provisions, to avoid any trade disputes under the WTO framework. In addition, Zhao Hui also suggest that their own interests had “Decree 54″ immigrants resident passengers suffered damage, but also to own power to promote the amendment of the order. “They will be in accordance with the provisions of Article 7 of the AL, apply for administrative reconsideration authorities review of ’54 Order ‘legitimacy,louboutin.” He said, “this prompted ’54 Decree’ can be revoked or amended as soon as possible. “the Customs Monitoring Division officials recently called” duty-free limit for entering the country to carry passengers, baggage practice in line with international practice “, Zhao Hui also said do not agree with. He pointed out that customs officials should not forget that China’s basic national conditions and people’s interests lie. “China is still a developing country, and from abroad to buy high-tech products,louboutin pas cher, in terms of the common people, and sometimes not only an affordable choice, even the choice of last resort.” He warned, “Decree 54″ from the realities of China, may was shelved, and “in the previous legislation has many met”. Beijing, November 17
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