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The main types of non-tariff barriers are: automatic export quota system, import licensing system, foreign exchange control, import and export state monopoly, discriminatory procurement policy, domestic tax, import minimum price system and import ban, import deposit system, arbitrary system, classification of imported goods.
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Non-tariff barrier, also known as non-tariff barrier, refers to the sum of all policies and means of a country to regulate, manage and control its foreign activities by various means other than tariffs, and its purpose is to try to restrict imports to a certain extent in order to protect the development of the domestic market and domestic industry.
Legal analysisNon-tariff barriers can be roughly divided into two categories: direct and indirect: the former is directly restricted by the customs on the quantity and variety of imported goods, and its main measures are: import quota system, import license system, "automatic" export quota system, export license system, etc.; The latter refers to the fact that the importing country formulates strict regulations and standards for imported goods, and indirectly restricts the import of goods, such as the import deposit system, strict technical standards and health inspection regulations.
NTBs come in many forms and are more subtle. According to the practice of the United States, the European Union and other WTO member countries, non-tariff barriers are mainly manifested in the following 13 forms: customs clearance barriers, import taxes, import bans, import licenses, international political measures, technical barriers, technical regulations, conformity assessment procedures, sanitary and phytosanitary measures, remedial measures, import product discrimination, export restrictions, and services.
In practice, there are other barriers that are difficult to classify as above.
Legal basis"Hainan Free Port Law of the People's Republic of China" Article 29 Goods entering the mainland from Hainan Free Port shall be taxed in accordance with imports in principle; However, the goods produced by enterprises in encouraged industries that do not contain imported materials and parts or contain imported materials and parts that are processed in Hainan Free Port and have a certain percentage of value-added are exempt from tariffs. The specific measures shall be formulated by the relevant departments in conjunction with Hainan Province. The goods entering the Hainan Free Port from the mainland shall be refunded the value-added tax and consumption tax collected in accordance with the relevant regulations.
Before the island-wide customs closure operation and the simplified tax system, passengers leaving the island who purchase duty-free goods and pick up the goods leaving the island will be exempted from import duties, import value-added tax and consumption tax in accordance with relevant regulations. After the island-wide customs closure operation and the simplification of the tax system, the tax management measures for the entry and exit of goods between Hainan Free Port and the mainland shall be formulated by the relevant departments of Hainan Province in conjunction with Hainan Province.
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Traditional non-tariff barriers include: barriers to customs clearance, discriminatory imposition of domestic taxes and fees on imported products, import bans, technical barriers, etc.
Non-tariff measures are more flexible and targeted than tariffs. The formulation of tariffs often has to go through certain legislative procedures, and to adjust or change the tax rates, it also requires certain legal procedures and procedures, so tariffs have a certain degree of continuity.
The formulation and implementation of non-tariff measures usually adopt administrative procedures, which are relatively quick to formulate, and can take or replace corresponding import restriction measures for a certain country and a certain commodity at any time, so as to achieve the purpose of import restriction relatively quickly.
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The main types of non-tariff barriers: import quota system, self-export quota system, import license system, foreign exchange control, import monopoly, discriminatory procurement policy, domestic tax, import low price limit system to prohibit imports, import deposit system, arbitrary customs valuation system, import commodity taxation and classification, technical barriers.
The tariff rate must be set through a haircut process, which requires relative stability. This is often difficult to adapt to when urgent import restrictions are required. The formulation of NTB measures usually adopts administrative procedures, which is relatively convenient, and corresponding measures can be taken at any time for a certain commodity in a certain country, so as to achieve the purpose of restricting imports relatively quickly.
Characteristics of NTBs.
Non-tariff barriers are more flexible and targeted than tariff barriersGenerally speaking, the tariff rates of various countries must go through the legislative process and, like other legislation, require a certain degree of continuity.
If the tax rate is to be adjusted or changed, it is necessary to adapt to more cumbersome legislative procedures and procedures, which are often circuitous and slow, and often difficult to adapt to when urgent import restrictions are required. At the same time, tariffs are subject to the most-favoured-nation clause under the same conditions, and the same rates apply to imports of the same goods from countries with agreements, making it more difficult to make flexible adjustments to tariffs.
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The main types of non-tariff barriers are: import quota system, automatic export quota system, import license system, foreign exchange control, import and export state monopoly, discriminatory procurement policy, domestic tax, import minimum price system and import ban, import deposit system, arbitrary customs valuation system, classification of imported goods, and technical barriers.
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In addition to some commonalities of tariff barriers, non-tariff barriers also have many unique properties and characteristics, mainly including the following:
It has more flexibility and is aimed at potato pins.
It is more insidious and discriminatory.
It has the complexity and breadth of a stronger and larger trouser game.
with more obvious effectiveness.
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1. Import quota system.
Also known as import quota, it is a quota set by a country on the quantity or amount of imports of a certain commodity within a certain period of time (such as a quarter, half a year or a year), and the goods can be imported within the specified limit, and the import is not allowed if the limit is exceeded, or although the import is not completely prohibited, higher tariffs or fines are levied.
There are two main types of import quotas: absolute quotas and tariff quotas. Absolute quotas are further divided into global quotas and national quotas.
2. "Automatic" export quota system.
The so-called "automatic" export quota system means that the exporting country, under the requirements and pressure of the importing country, "automatically" stipulates the export quota of a certain commodity to that country within a certain period of time, and controls the export within the limited quota.
There are generally two types of "automatic" export quota systems: one is a unilateral decision by the exporting country under pressure from the importing country on the quantity or amount of a certain commodity to be exported to a given country. The other is a negotiated "self-limitation agreement" or "orderly sales arrangement" between the exporting country and the importing country, which sets limits for "automatic" exports.
3. Import license system.
A system whereby a country requires importers to obtain a licence in advance for the import of certain commodities and to import the commodities with a licence.
From the perspective of the relationship between import licenses and import quotas, import licenses can be divided into two types: one is an import license with a fixed quota and the other is an import license without a quota. From the perspective of the degree of licensing of imported goods, import licenses can generally be divided into public general licenses and special import licenses.
Hail. 4. Foreign exchange control.
Foreign exchange control is a restrictive measure adopted by a country** through laws and regulations on the receipt, expenditure, settlement, trading and use of foreign exchange.
At present, the non-tariff barriers faced by China in foreign countries mainly include intellectual property protection, which is a major barrier to foreign trade for many enterprises without intellectual property rights.
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