INDIA
Since June 2020, until June 2025
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 2020, the Indian Ministry of Finance imposed a definitive duty on imports of electronic calculators (HS 847010, 390720) from Malaysia. The duty amounts to 0.92 USD per item. The duty is in force for a period of five years.
Coverage Product: Electronic Calculators (HS 847010, 390720)
Country: Malaysia
Country: Malaysia
INDIA
Since July 2005, extended in July 2011 and 2017, until July 2022
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 2005, India announced anti-dumping duties on polytetrafluoroethylene from China (HS 390461). This product is used also for long-distance telephony and multichannel television broadcasting systems. This measure was reviewed and extended in July 2011 and, subsequently in July 2017. The rate of duty is USD 2637 per tonne. In July 2022, the Indian authorities decided not to implement the extension recommendation, and the antidumping duty was terminated.
Coverage Product: Polytetrafluoroethylene (HS 390461) (used for wiring computer applications, e.g. hookup wire, coaxial cables)
Country: China
Country: China
Sources
- https://www.globaltradealert.org/intervention/18510/anti-dumping/india-extension-of-antidumping-duty-on-imports-of-polytetrafluoroethylene-ptfe-from-china
- https://taxguru.in/custom-duty/anti-dumping-duty-imports-polytetrafluoroethylene-ptfe-products.html
- https://www.dgtr.gov.in/anti-dumping-cases/polytetrafluoroethylene-ptfe-china-pr
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INDIA
Since May 2015, extended in May 2020, until May 2025
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In May 2015, the Indian Ministry of Finance issued the Customs Notification imposing this definitive anti-dumping duty on imports of electronic calculators (HS 847010, 390720) from China. This measure was reviewed and extended in May 2020. The rate of duty is USD 0.28 or USD 1.22 per unit, depending on the company. The duty is in force for a period of five years.
Coverage Product: Electronic calculators (HS 847010, 390720)
Country: China
Country: China
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=285529,284510,284508,284509,284511,284513,284446,284078,284070,284069&CurrentCatalogueIdIndex=9&FullTextHash=&H...
- https://www.globaltradealert.org/intervention/18302/anti-dumping/india-extension-of-definitive-antidumping-duty-on-imports-of-certain-electronic-calculators-from-china
- https://taxguru.in/custom-duty/govt-imposes-anti-dumping-duty-electronic-calculators.html
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INDIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
India is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but it is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
INDIA
Since July 2020, until January 2025
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 2020, the Indian authorities imposed a definitive duty on imports of digital offset printing plates (an input good to manufacture printers) from China, Japan, the Republic of Korea, Chinese Taipei and Viet Nam. The rate of duty on imports from China is between USD 0.55 or USD 0.77 per square metre, depending on the company. The rate of duty on imports from the Republic of Korea is USD 0.15 or USD 0.37 per square metre, depending on the company. The rate of duty on imports from Japan is USD 0.13 or USD 0.27 per square metre, depending on the company. The rate of duty on imports from Vietnam is USD 0.60 per square metre. The rate of duty on imports from Chinese Taipei is USD 0.41 per square metre. The duty is in force for five years from 30 January 2020.
Coverage Product: Digital offset printing plates (HS 370130, 3704.0090, 3705.1000, 7606.1190, 7606.9190, 7606.9290, 8442.50)
Country: China, Korea, Japan, Chinese Taipei, Vietnam
Country: China, Korea, Japan, Chinese Taipei, Vietnam
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=285529,284510,284508,284509,284511,284513,284446,284078,284070,284069&CurrentCatalogueIdIndex=9&FullTextHash=&H...
- https://www.globaltradealert.org/intervention/71866/anti-dumping/india-definitive-antidumping-duty-on-imports-of-digital-offset-printing-plates-from-china-japan-the-republic-of-korea-chinese-taipei-an...
INDIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.62%
Coverage rate of zero-tariffs on ICT goods (%)
25.97%
Coverage: Digital goods
CHINA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
China has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
CHINA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
China has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CHINA
Since 2004
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CHINA
October 1993, entry into force in January 1994, last amended in March 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law of the People's Republic of China on Protection of Consumer Rights and Interests《消费者权益保护法》
The Chinese consumer protection framework is set out in the Law of the People's Republic of China on Protection of Consumer Rights and Interests. The law applies to all consumers purchasing and using commodities or receiving services for daily consumption and to business operators, in their supply of commodities produced and sold by them or services provided to consumers.
Coverage Horizontal
Sources
- http://www.lehmanlaw.com/resource-centre/laws-and-regulations/consumer-protection/law-of-the-peoples-republic-of-china-on-protection-of-the-rights-and-interests-of-the-consumers-1994.html
- http://www.npc.gov.cn/wxzl/gongbao/2000-12/05/content_5004605.htm
- https://www.chinalawtranslate.com/en/consumer-protection-law-including-2013-amendments/
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CHINA
Since November 2021
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Personal Information Protection Law《个人信息保护法》
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China as specified in the second paragraph of Article 3 of this Law shall set up specialized agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal
CHINA
Since June 2017
Since June 2017
Since June 2017
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Internet News Information Service Management Regulations《互联网新闻信息服务管理规定》
Regulations on Administrative Enforcement Procedures for Internet Information Content《互联网信息内容管理行政执法程序规定》
Regulations on Administrative Enforcement Procedures for Internet Information Content《互联网信息内容管理行政执法程序规定》
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6 of the law, to apply for an Internet news information service license, to have places, facilities, and funds suitable for the service is required. Furthermore, the Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers
Sources
- http://www.cac.gov.cn/2017-05/02/c_1120902760.htm
- http://www.cac.gov.cn/2017-05/02/c_1120902931.htm
- https://www.lexology.com/library/detail.aspx?g=af1b1b36-3c2c-45ef-b328-9566de509b33
- https://www.lexology.com/library/detail.aspx?g=b2aa77aa-0270-40f8-9f18-ad65b6130259
- https://chinacopyrightandmedia.wordpress.com/2017/05/02/internet-news-information-service-management-regulations-2/
- http://finance.sina.com.cn/roll/2017-05-04/doc-ifyexxhw2298844.shtml
- https://www.reuters.com/article/us-china-internet-censorship-security-idUSKBN17Y0Y6
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CHINA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 8 in China, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
CHINA
Reported in 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Discrimination of foreign payment services
In 2012, there has been a WTO dispute about China’s rules governing access to its domestic electronic-payments market which do not provide equal treatment to foreign credit-card and debit-card issuers. China said at the time it would assess the decision, but it has been slow to change its market-access rules in response. Currently, it is reported that China UnionPay Co. has a near monopoly on processing and clearing yuan-denominated payments made via bank cards and credit cards. The state-controlled firm has close ties to China’s Central Bank. China’s Central Bank has at times moved against the upstarts in ways that seem to benefit UnionPay.
In 2020, Mastercard was reported to received approval from the People's Bank of China (PBOC) to begin formal preparation to set up a bank card clearing institution in China. Mastercard set up a joint venture with NetsUnion Clearing Corp., a clearing house for online payments whose stakeholders included the PBOC, and received approval for its application in 2020. Furthermore, it is reported that American Express received preliminary approval in 2018 to undertake clearing services of credit card payments in China and AMEX's application to clear and settle payments domestically by way of its JV with Amex’s Chinese partner LianLian Group was also accepted in January, 2020.
The approvals are part of the US-China phase one trade deal that started in January 2020, which required Beijing to accept and review payments firms' applications in a timely manner. Specifically, it is reported that applications from firms wanting to become bank card clearing houses in China had to be accepted within five business days and responded to within 90 days of acceptance. However, the deal expired in December 2021.
In 2020, Mastercard was reported to received approval from the People's Bank of China (PBOC) to begin formal preparation to set up a bank card clearing institution in China. Mastercard set up a joint venture with NetsUnion Clearing Corp., a clearing house for online payments whose stakeholders included the PBOC, and received approval for its application in 2020. Furthermore, it is reported that American Express received preliminary approval in 2018 to undertake clearing services of credit card payments in China and AMEX's application to clear and settle payments domestically by way of its JV with Amex’s Chinese partner LianLian Group was also accepted in January, 2020.
The approvals are part of the US-China phase one trade deal that started in January 2020, which required Beijing to accept and review payments firms' applications in a timely manner. Specifically, it is reported that applications from firms wanting to become bank card clearing houses in China had to be accepted within five business days and responded to within 90 days of acceptance. However, the deal expired in December 2021.
Coverage Payment services
Sources
- http://www.wsj.com/articles/china-to-open-domestic-bank-card-clearing-to-private-investors-1414582842
- https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB%20China.pdf
- https://techcrunch.com/2020/02/11/mastercard-given-approval-to-prepare-for-entry-into-chinas-payments-market/
- https://www.bloomberg.com/news/articles/2020-01-11/china-pension-fund-looks-abroad-for-investment-opportunities
- https://www.businessinsider.com/us-china-agreed-on-phase-one-of-trade-deal-2020-1?IR=T
- http://www.gov.cn/xinwen/2018-03/22/content_5276378.htm
- http://www.gov.cn/zhengce/2018-03/22/content_5276487.htm
- https://ustr.gov/sites/default/files/files/agreements/phase%20one%20agreement/Economic_And_Trade_Agreement_Between_The_United_States_And_China_Text.pdf
- https://www.scmp.com/economy/china-economy/article/3162111/us-china-relations-beijing-washington-reach-trade-talk
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CHINA
Since August 2018, entry into force in January 2019
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
E-Commerce Law of the People’s Republic of China 《中华人民国电子商务法》
China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9 of the law, it applies to all "e-commerce operators," including all individuals and legal entities engaged in the business of selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. In addition, according to arts. 10-14 of the law, all e-commerce operators are obliged to obtain business licenses and register with the tax authorities, as well as to ensure that information on their business and administrative licenses related to their business services is displayed online in a clearly readable form at all times.
Coverage E-Commerce