Export bleach, why was it fined 20,0003?
Q: Our company imported a batch of methyl acrylate from abroad, and now it is under customs investigation because it has not been reported for inspection, how will it be punished?
A: If it is verified, you will be fined. According to the Catalogue of Hazardous Chemicals (2015 Edition), methyl acrylate (CAS Number: 96333) is a hazardous chemical and should be truthfully reported for inspection. According to Article 11 of the Law on The Inspection of Import and Export Commodities, the consignee or its agent of imported commodities that must be inspected by the commodity inspection agency shall report to the commodity inspection agency at the place of customs declaration. According to the provisions of Article 33 of the Law on The Inspection of Import and Export Commodities, who, in violation of the provisions of this Law, sells or uses imported commodities that must be inspected by commodity inspection agencies without reporting for inspection, or exports export commodities that must be inspected by commodity inspection agencies without reporting that they have passed inspection, the commodity inspection agencies shall confiscate the illegal gains and impose a fine of not less than 5 percent but not more than 20 percent of the value of the goods; In summary, your company's failure to report inspection in accordance with the law is an illegal act and should be punished by the Customs.
Typical case: On October 26, 2021, a trading company entrusted a driver to drive a hong kong car Guangdong ZXXX0 port with a customs declaration form 534520210450703140 (load list 5100600325081) to export 15,075 kg of clothing bleach by S Customs in the form of general trade, and found that the bleaching content of items 1 and 2 of the goods under the customs declaration form was 6% after on-site inspection by the customs, and it was verified that it belonged to item 166 of the list of hazardous chemicals (2015 edition) , belongs to the hazardous chemicals, belongs to the goods that should be reported for inspection, the parties should report for inspection but have not reported for inspection, this behavior violates the customs supervision regulations. The above acts are evidenced by the "Case Transfer Form", "S Customs Inspection (Inspection) Record Form", "Customs Declaration Form of the People's Republic of China for Export Goods", "Customs Goods Inspection Record Sheet", enterprise interpretation report, copy of enterprise business license, power of attorney, copy of legal representative certificate, photo, etc.
Legal analysis and compliance guidelines: In the field of import and export, according to the provisions of Article 2 of the Announcement of the former General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on Issues Related to the Inspection and Supervision of Import and Export of Hazardous Chemicals and Their Packaging (Announcement No. 30 [2012]), the consignee of imported hazardous chemicals or its agents shall report to the inspection and quarantine agency of the customs declaration place in accordance with the "Regulations on Entry-Exit Inspection and Quarantine Declaration", and declare according to the name in the "Directory of Hazardous Chemicals" when reporting for inspection. At the same time, the following materials should be provided: (1) Declaration of conformity of the imported hazardous chemical trading enterprise (see Annex 1 for the format) ;(2) For products that need to be added with inhibitors or stabilizers, the name and quantity of the actual inhibitors or stabilizers should be provided; (3) samples of Chinese hazard public labels (except for bulk products, the same below), Chinese safety data sheets. The Chinese hazard publicity label here is provided by foreign consignors, and must meet the requirements of China's national standard GB15258-2009 "Regulations on the Preparation of Chemical Safety Labels" when importing. The consignee or its agent of importing and exporting hazardous chemicals shall comply with the above compliance requirements and apply for inspection in accordance with law. In this case, the parties declared the export of 15,075 kilograms of clothing bleach by the S Customs in the form of general trade, and after on-site inspection by the Customs, the chlorine content of the bleaching water in items 1 and 2 of the goods under the customs declaration was found to be 6%, and it was verified to belong to item 166 (2015 edition) of the list of hazardous chemicals (product name: potassium hypochlorite solution [containing effective chlorine >5%]) (CAS number: 7681529). In summary, if the parties in this case export hazardous chemicals that should be reported for inspection according to law and fail to report for inspection, it constitutes an illegality. According to the first paragraph of Article 46 of the Implementing Regulations of the Law of the People's Republic of China on the Inspection of Import and Export Commodities, S Customs decided to impose a fine of RMB 23,400 on the parties concerned.