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Xiamen is a major port city in Fujian province and an important node in Chinas international trade network. International trade law in Xiamen is shaped by national Chinese laws and regulations, plus provincial and municipal rules and pilot policies that apply in Xiamens special economic areas and free trade zone. Key legal themes include customs clearance, import-export controls, tariffs and trade remedies, foreign investment conditions, cross-border e-commerce, logistics and shipping claims, international sales and payment terms, and compliance with product safety, sanitary and quarantine requirements. Businesses operating through Xiamen typically deal with central regulators such as the General Administration of Customs, the Ministry of Commerce, and the State Taxation Administration, together with local authorities and specialized bodies inside the Xiamen Pilot Free Trade Zone.
International trade involves many moving parts and several areas where legal help is often essential. You may need a lawyer in Xiamen if you face any of the following situations:
- Customs disputes, incorrect tariff classification, valuation disagreements or seizure of goods by customs authorities.
- Anti-dumping, countervailing or safeguard investigations initiated by Chinese authorities or by foreign governments against your products.
- Complex import or export licensing issues, including export controls or restrictions on dual-use and sensitive technologies under Chinas Export Control Law.
- Drafting, negotiating or enforcing international sale contracts, shipping contracts, agency or distribution agreements, and choosing appropriate Incoterms and payment methods.
- Problems with letters of credit, bank payment disputes or foreign exchange and RMB settlement issues.
- Setting up or restructuring foreign-invested enterprises, compliance with the negative list for foreign investment and use of the Xiamen Pilot Free Trade Zone incentives.
- Product compliance, customs inspection and quarantine issues, or administrative enforcement actions related to safety or sanitary rules.
- Trade sanctions or compliance with export controls and screening for sanctioned parties and restricted end-uses.
- Cargo damage, loss, delays, port claims, and maritime disputes involving carriers, freight forwarders or insurers.
- Cross-border dispute resolution, including arbitration, commercial mediation or litigation in Chinese courts, and enforcing or resisting foreign judgments and awards.
Several national laws apply in Xiamen, but municipal and pilot zone policies also matter. Key points to understand include:
- Customs and trade administration - The General Administration of Customs (GACC) enforces customs tariff classification, valuation and trade remedy measures. Xiamen Customs handles local declarations, bonded warehouses, and customs supervision for the port and free trade zone.
- Xiamen Pilot Free Trade Zone - The FTZ offers relaxed customs procedures, bonded logistics, simplified cross-border services and pilot regulatory measures for cross-border e-commerce, financial services and foreign investment. Specific FTZ rules may affect tax treatment, customs supervision and the scope of allowed activities.
- Import-export licensing and export controls - Certain goods and technologies require licenses for export or import. Chinas Export Control Law governs controlled items, and local authorities implement screening and licensing for sensitive exports.
- Tariffs, VAT and rebates - Imports are subject to customs duties and import VAT. Exporters may be eligible for export tax rebates and VAT refunds when procedures and documentation comply with tax and customs rules enforced by the State Taxation Administration and local tax offices.
- Trade remedies - Anti-dumping, countervailing duties and safeguard measures can be applied by Chinese authorities. Investigations are handled by competent national agencies and enforced at the border.
- Foreign investment rules - The Foreign Investment Law and the negative list approach define restricted and prohibited sectors. The FTZ may provide more liberal treatment for certain sectors but foreign investors must still follow local registration and approval procedures.
- Product safety, sanitary and quarantine - Imports of food, agricultural products, pharmaceuticals and some manufactured goods require inspection and quarantine clearance and may need approvals from regulators such as the GACC and State Administration for Market Regulation.
- Dispute resolution - Parties often use arbitration to resolve cross-border disputes. Local arbitration centers and courts in Xiamen can handle maritime disputes, trade contract claims and enforcement of arbitration awards.
Identify tariff classification and required licenses, verify whether goods need import permits or quarantine clearance, secure a commercial invoice and packing list, arrange for freight and insurance, and prepare customs declarations. Work with a customs broker or legal advisor to confirm HS codes, duties and required documentation ahead of shipment.
Check Chinas Export Control Law and the national export control lists for controlled dual-use items, military end-uses, and other restricted technologies. If your product appears on a control list or has potential military or sensitive civilian uses, consult a lawyer or the export control authority before export to determine licensing requirements.
Yes. Arbitration clauses are commonly used and enforceable in China. Popular choices include CIETAC and other international arbitration institutions. Arbitration can ease cross-border enforcement, but consider seat, governing law and potential recognition or enforcement steps for awards in China or abroad.
Common issues include incorrect HS classification, undervaluation disputes, missing or inconsistent documentation, rejected origin claims for preferential tariff treatment, and delays from quarantine inspections. Timely and accurate declarations and good record-keeping reduce risk.
The FTZ offers simplified customs procedures, bonded logistics, pilot cross-border e-commerce policies, and sometimes faster administrative approvals. It can reduce import-export friction and provide tax and operational efficiencies for qualifying enterprises.
Specify Incoterms, governing law, dispute resolution method and seat, payment terms and security such as letters of credit, product specifications, warranty and liability limits, warranty remedies, force majeure, and clear delivery and inspection procedures. Ensure compliance clauses cover export controls and sanctions screening.
Investigations are initiated by Chinese authorities, often following an application by domestic producers. They involve evidence collection, provisional measures, and final determinations that may impose duties. Affected exporters should seek legal representation to participate in the investigation and submit evidence and arguments.
China may recognize and enforce foreign judgments under bilateral treaties or reciprocal arrangements, and since 2023 China has been broadening cooperation with some jurisdictions. Enforcement can be complicated. Arbitration awards under recognized arbitration institutions are generally easier to enforce under the New York Convention, provided procedural requirements are met.
Fees vary by law firm, case complexity and service type. Common arrangements include hourly rates, fixed fees for document drafting or compliance reviews, and contingency or success fees for some disputes. Ask for a written engagement letter that outlines scope, fees, billing cycle and termination terms before work begins.
Register trademarks, patents and designs in China, since rights are largely territorial. Include confidentiality and IP clauses in contracts, monitor market and customs for infringing goods, and use customs IP protection procedures to detain counterfeits. An IP-focused lawyer can assist with registration and enforcement strategies.
Below are types of local and national bodies and organizations that can support someone needing legal advice in international trade matters in Xiamen:
- Xiamen Municipal Bureau of Commerce - local trade and investment policies and guidance.
- Xiamen Customs - local customs clearance, bonded warehouses and customs compliance services.
- Xiamen Pilot Free Trade Zone Management Committee - information on FTZ policies and procedures.
- General Administration of Customs of China - national customs rules and classification guidance.
- Ministry of Commerce - national trade policy, anti-dumping and investment policy frameworks.
- State Taxation Administration - VAT, export rebate and tax compliance matters.
- Export Control Authorities - for licensing and controlled item questions under the Export Control Law.
- China Council for the Promotion of International Trade local offices - trade promotion and dispute assistance.
- Local bar association and law firms with international trade practice - for legal representation and counselling.
- Local arbitration and mediation centers - for alternative dispute resolution services.
If you need legal assistance in Xiamen for an international trade matter, follow these practical steps:
- Prepare an initial file: gather contracts, commercial invoices, bills of lading, licenses, customs declarations, correspondence and notes on timelines and events.
- Identify the issue: classify the problem as customs, licensing, contract, IP, tax or dispute-related so you can find the right specialist.
- Seek a consultation: contact a licensed PRC lawyer or a law firm experienced in international trade in Xiamen. Confirm they are qualified to practice in China and, if needed, have bilingual capacity.
- Ask the right questions in the first meeting: scope of services, likely outcomes, timeline, fee structure, conflict checks and references for similar matters.
- Sign an engagement letter that clearly defines scope, fees and billing method before substantial work begins.
- Consider compliance steps: conduct product and regulatory compliance audits, review contract templates and implement internal export control and sanctions screening processes where relevant.
- Use alternative dispute resolution where appropriate: mediation or arbitration clauses can save time and improve enforceability across borders.
- Keep records and act quickly: regulatory and customs matters often have short statutory deadlines for appeals and submissions. Prompt action preserves rights and remedies.
Engaging local counsel early can reduce risk, improve compliance and increase the chance of a practical and timely resolution to international trade issues in Xiamen.
