Customs Law
Customs Law
Hylands customs team is composed of experts in anti-smuggling, tariffs, customs duties, customs clearance, inspection and quarantine, investigation, customs clearance, inspection and quarantine, investigation, enterprise management and other fields who have been engaged in customs work in Beijing, Shanghai, Dalian, Ningbo, Guangzhou, Shenzhen and other places for many years and senior lawyers who have represented customs cases for many years. The team has accumulated rich experience in handling cases and has represented hundreds of cases involving customs in recent years, covering automotive and manufacturing, health and life sciences, health and life sciences, logistics, energy and natural resources, cross-border retail and consumption, cosmetics and luxury goods. With high-level and practical experience, Hylands has successfully assisted or represented domestic and foreign clients to deal with many Customs tax disputes, customs audits and inspection, anti-smuggling criminal investigations and administrative investigations, as well as customs and import/export compliance cases, which have won the trust and praise of clients and peers.
Services
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- Overview
- Criminal defense representation for smuggling crimes and economic crimes. Providing defense representation for enterprises or individuals after being placed under investigation by anti-smuggling authorities, covering case types such as smuggling crimes, procuratorate-related crimes, and other related economic crimes. In cases where an entity is involved in alleged smuggling crimes, conducting non-litigation legal services in criminal matters, including post-criminal allegation adjustments to corporate credit ratings, modifications to customs business processes, and subsequent criminal risk prevention and control.
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- Customs Business Compliance Review
- Through document spot checks, on-site interviews, system inspections, etc., to understand the business operation status of the enterprise; to evaluate the overall customs risk and import and export trade risk of the enterprise, and to give tips on key risks; to assist in the establishment of an integrated customs risk prevention and control system and and an import and export compliance system; to assist the enterprise to carry out AEO customs certification work.
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- Customs Tax Planning and Dispute Resolution
- Conduct taxable risk analysis for enterprises that have ongoing classification disputes, price review disputes, disputes on country of origin, tax reduction, exemption filings, policy obstacles, and technical enforcement problems encountered in the process of customs clearance, and imported goods involving "double-dumping (anti-dumping and countervailing survey)" and preferential tax rates in the country of origin; provide paths for solving problems and means for seeking remedies for disputed taxation decisions.
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- Comprehensive Planning of Customs Clearance Programs
- Conduct tax-related risk analysis for enterprises dealing with ongoing disputes over tariff classification, price verification, and origin; policy obstacles and technical law enforcement issues during duty reduction/exemption filing and customs clearance; and scenarios where imported goods are subject to “anti-dumping, countervailing, and safeguard measures” or preferential origin tax rates; provide clear solutions and remedy channels for disputed tax assessment decisions.
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- Customs Audits and Inspections, Administrative Investigations and Anti-Smuggling Criminal Cases
- Assist enterprises in sorting out materials, providing evidence and providing legal opinions on audit or verification matters. Assist enterprises in responding to the investigation and handling of customs administrative penalty cases.Representation of defense and hearing after notification of administrative penalty. Administrative reconsideration and administrative litigation representation after administrative punishment decisions. The enterprise or individual is represented in the defense after the case is received in file for investigation and prosecution. Carry out criminal and administrative non-litigation moves in cases where enterprises are suspected of smuggling, such as tax reimbursement after suspected criminal offenses, adjustment of credit ratings, adjustment of enterprise customs business processes, and subsequent prevention and control of criminal risks, etc.
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- Customs Protection of Intellectual Property Rights
- Assist or act on behalf of the right holder to apply for customs protection of intellectual property rights; Assist or represent the right-holders to complete the information disposal of suspected infringing goods and customs seizure at specific ports and regions; assist or represent the right-holders to negotiate and reconcile with the infringer, and assist the right-holders in judicial remedy if necessary.
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- Perennial Customs Legal Advisor
- Review and improve the customs-related work system and business process of the enterprise; answer or give guidance on relevant legal issues upon request; regularly send interpretations of customs laws and regulations and risk reminders; Assist enterprises in solving difficult customs clearance problems.