Regulatory Challenges Against “Suitcase Trades”

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Presentation transcript:

Regulatory Challenges Against “Suitcase Trades” Bingwan Xiong Renmin University of China, Law School bxiong@ruc.edu.cn

Cross-border Ecommerce Higher Quality Product Assortment Prof. . . Higher Quality Product Assortment Price Discrepancies Delivery Speed …

Suitcase Retail: Major origin and destination countries Prof. . . Janine Nothlichs, Suitcase Retail – The Hidden Cross-Border Trade

Prof. . .

Prof. . .

Four Operational Models of Cross-border Ecommerce Overseas online shopping Direct delivery platform Self-support B2C model Guide and rebate shopping model Luis Galán, What you need to know about Cross-Border ecommerce for China, March 25, 2016

Prof. . . Luis Galán, What you need to know about Cross-Border ecommerce for China, March 25, 2016

Prof. . . Luis Galán, What you need to know about Cross-Border ecommerce for China, March 25, 2016

Prof. . . Luis Galán, What you need to know about Cross-Border ecommerce for China, March 25, 2016

Regulatory Challenges Tax Collection (personal postal parcels v. imported goods & articles) Quality Control (China Food & Drug Administration) Customs Clearance (delivery speed) Compliance to Domestic Law (e..g, composition violation, package labeling) …

Three Episodes of Regulatory Reforms 1st Episode: 2014-2016, Bonded Areas (Tariff-Free Zones), B2C 1. entry but NOT custom procedure 2. sampling custom inspection of 30% of postal parcels from the Zones 3. postal Tax levied on less-than-1,000 ¥ parcels (rate, mostly 10%) 4. taxpayer: individual shoppers

2nd Episode: 2016-2018, “4·8” New Deal 1. value limits maximum of 2,000 ¥ per single parcel & of 20,000 ¥ per person per year 2. comprehensive tax rates import duties (rate, 0%) import value-added tax & import consumption tax (70% of statutory tax rate) 3. taxpayers Individual shoppers Withholding agents: e-commerce enterprises & platforms 4. tustom inspection frequency: 100%? “4·8” New Deal has been suspended twice respectively in 2016&17

3rd Episode: Cross-border E-commerce Pilot Zones On July 13, 2018, China State Council has newly identified 22 cities as venues for comprehensive cross-border e-commerce pilot zones in an effort to boost cross-border e- commerce, promote opening-up and upgrade foreign trade "Cross-border e-commerce has made rapid and notable achievements since the pilot zones were established and has become a new area of growth for imports and exports," Li Keqiang said, "We should facilitate domestic consumption and at the same time improve export quality in the global market."

Comprehensive Cross-border E-commerce Pilot Zones 3rd Episode: 2018- Comprehensive Cross-border E-commerce Pilot Zones 1. specific implementation by local governments at provincial level 2. entry AND custom procedures compare: Bonded Areas, entry but NOT custom procedure stronger custom inspection Simplification of inspection procedures: custom clearance procedure combined with Food & Drug Administration inspection procedure Ease to comply with domestic law (e.g., minor composition violation, labeling in Chinese) 3. taxpayers: importers or shoppers? 4. tax rates comprehensive tax (70% of statutory tax rate)?

BRICS countries’ efforts to promote “suitcase trade”?