Areas of practice
Mr. Feng specializes in customs and trade compliance, customs dispute resolution and e-commerce.
Mr. Feng has more than 20 years of customs practical experience and undertaken a number of influential trade compliance and cross-border e-commerce compliance cases/projects, involving the business of Internet, finance, clothing, transportation, machinery, light industry and service. Mr. Feng has extensive expertise in the fields of, cross-border e-commerce; customs price review, classification dispute resolution, IPO foreign trade compliance, compliance and planning of customs affairs, taxation and foreign exchange, intellectual property border protection, etc.
Customs and Trade Compliance
Mr. Feng has extensive practical experience in the area of customs compliance, providing timely and effective legal advice for many well-known enterprises on customs price review, customs inspection and customs planning, and customs IPR border protection, helping the clients to respond correctly and timely solve sudden customs management and import and export issues.
Representative cases / projects include:
• Assisted a well-known French auto parts company to establish the import accounting basis, also serve over 40 Chinese subsidiaries to achieve major tax avoidance;
• Assisted a well-known Brazilian company, a Japanese machinery manufacturing company and a German auto corporation to deal with the royalty price disputes;
• Assisted an American daily necessities group to handle price review and tax disputes regarding on trademark royalties and advertising fees;
• Assisted AEO advanced certification application, and provided due diligence and compliance inspection on hazardous chemicals transport and storage for a well-known chemical corporation;
• Provided due diligence and rectification opinions to a Nanjing cross-border e-commerce platform IPO project and a Shenzhen art trading company on their import and export business;
• Provided customs compliance inspection service for a jewelry company;
• Provided advice on intellectual property border protection compliance for a technology firm;
• Issued legal opinions on the customs protection of intellectual property rights for global procurement business of an inland auto company;
• On behalf of a famous battery enterprise on border protection negotiation in the respect of intellectual property.
Dispute Resolution in Customs Cases
Mr. Feng assists clients in dealing with administrative reconsideration; administrative litigation or criminal cases caused by customs affairs, and has handled many major cases,
• Provided legal service on tariff inspection caused by uneven processing manual for a well-known American oil firm, as well as on tariff inspection aroused by declaration error for a client of Air China;
• Assisted US connector manufacturers' wholly-owned processing plants in China to deal with customs inspection of processing trade;
• Issued expert opinions as an expert witness in Singapore International Arbitration Tribunal on issues of place of origin.
E-commerce (Cross-border E-commerce)
Mr. Feng has in-depth research and rich experience in the field of e-commerce law, especially in cross-border e-commerce. He also serves as a long-term legal counsel for many well-known cross-border e-commerce enterprises, logistics companies and advises various multinational corporations, large central SOEs and public companies on a wide range of e-commerce matters, customs compliance review and customs planning, compliance issues for platform structuring, data compliance analysis, e-commerce business model design, cross-border e-commerce compliance training and other legal services.
In addition, Mr. Feng is the constant guest of various seminars on e-commerce law hosted by the China Council for the Promotion of International Trade (CCPIT), the European Union Chamber of Commerce in China, Alibaba Group, etc. CCTV, Legal Daily, also interviewed Mr. Feng and many other media on the hot topics related to the promulgation of E-commerce Law.
Mr. Feng is the member of the research and reform project of the "online purchase of bonded imports" (Customs regulatory method code 1210) entrusted by the General Administration of Customs and the member of the external think tank entrusted by Hainan Free Trade Port Legislative Committee. Regarding to subject of "cross-border e-commerce under RCEP" entrusted by Shanghai Municipal Commission of Commerce and Shanghai Law Society, Mr. Feng has digested cross-border e-commerce policies and has delivered compliance advises for related corporations.
Mr. Feng's individual monograph The Customs Clearance of Cross-border E-commerce: Operations and Compliance, published by Law Press in Jul 2019.
Other works including:
1. China Review of Administration of Justice, Analysis of Several Issues on Cross-border E-commerce Smuggling Crimes;
2. Wolters Kluwer——New Era of Cross-border E-commerce - Regulatory Requirements and Compliance Guidelines for Cross-border E-commerce after Implementation of E-commerce Law；
3. China Forex (June 2021)——"Hainan Free Trade Port Law of the People's Republic of China": A Milestone on the Crest of Opening Up;
4. China Forex (Jan. 2021)——Taking the Compliance Keypoints of B2B Cross-border E-commerce;
5. China Forex (May 2020)——Ways of Cross-border E-Commerce Enterprises to Fight against Epidemic;
6. China Customs Press 2021 — — Impact of the Cyberspace Security Scrutiny and New Regulation on the Cross-border Transfer of Personal Information upon the Data Operation of Cross-border E-commerce
7. China Customs Press 2021——Overview of the Development History of Cross-border E-commerce Retail Imports and Cross-border E-commerce Online Shopping Bonded Imports and Special Regional Export Supervision Models;
8. China Customs Press 2021——Comparative Analysis of Cross-border E-commerce Import and Export Business Models
9. Legal Daily——Legal Analyze on Cross-border E-commerce Smuggling and Practice on Smuggling Compliance Acquittal
Disquisitions published through platforms such as China Law Insight:
1. Further Talk on "Safe Harbor" Rules in E-commerce-Starting from the Zhejiang High Court <Guide to the Trial of Intellectual Property Cases Related to E-commerce Platforms>
2. Guidelines for Epidemic Prevention Materials Exported from China
3. E-commerce compliance observation | "Everything can be Cloud, Everyone is the Host", Discussion on the Compliance of Live E-commerce
4. E-commerce compliance observation | Development Opportunities and Compliance Keypoints of Pharmaceutical E-commerce
5. Understand in One Article: the Impact of the New Drug Administration Law on the Supervision of Imported Drugs
6. Ensuring Criminal Compliance Before Aiming High- Cross-border E-commerce Smuggling Risk Alert and Prevention
7. Innovation for Compliance: Social E-Commerce Business Model and Compliance Essentials
8. Opportunities of Cross-border E-Commerce Provision in the RCEP
Mr. Feng Xiaopeng was rated as "potential lawyer" in the field of Company/Business (East Coast-Guangdong) by Chambers in 2020 Asia-Pacific Guide. In 2020, Mr. Feng was rated as "leading lawyer" by IFLR1000, and "leading lawyer" in the field of International Trade: Customs, Export Controls & Economic Sanctions by Chambers in 2021 Asia-Pacific Guide. Mr. Feng Xiaopeng was awarded the title of "Excellent Communist Party Member" by Guangdong Lawyer Industrial in 2019-2020.
Mr. Feng joined King & Wood Mallesons in 2016.
Mr. Feng graduated from Jilin University, and obtained a bachelor's degree in International Economic Law, a master's degree in Criminal Law and a doctor's degree in Jurisprudence.
Mr. Feng is currently a research fellow at the Research Institute of Customs and Foreign Exchange Law of Renmin University of China, and a graduate advisor at the Law School (School of Intellectual Property) of South China University of Technology.
Mr. Feng's working languages are Chinese and English.