Hazardous chemicals are important industrial raw materials and industrial living products, such as gasoline, diesel, alcohol, paint, resin, adhesives, etc. Their production, operation and transportation links are related to personal property and social public safety. This article guides enterprises to declare the regulatory norms for import and export of hazardous chemicals and their packaging, so as to avoid unnecessary risks, through the case study of import and export of hazardous chemicals and their packaging.

01 Basic Case

In March 2021, H Customs found that Company A did not apply for inspection of the goods when declaring the export of "hand sanitizer (containing 75% ethanol)". The Report on Classification and Identification of Dangerous Characteristics provided by Company A shows that the goods are dangerous chemicals listed in the Catalogue of Dangerous Chemicals. H Customs believes that Company A is suspected of violating the regulations and fails to apply for inspection of the goods subject to legal inspection.

Company A argues that "hand sanitizer (containing 75% ethanol)" is not included in the Catalogue of Import and Export Commodities Subject to Inspection by the Entry Exit Inspection and Quarantine Authority and is not a "commodity subject to legal inspection". It is unnecessary to apply for inspection to the customs. If the customs penalizes it, there is no evidence.

H The customs shall impose a fine of 10000 yuan (10% of the value of the goods) on the enterprise in accordance with Article 46 of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection.

02 Problems and comments

Question 1: Should dangerous chemicals not listed in the Catalogue of Import and Export Commodities Inspected by Entry Exit Inspection and Quarantine Institutions be declared to the customs?

According to the provisions of the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulations, two types of commodities are included in the category of commodities subject to legal inspection according to law: one is included in the catalogue of import and export commodities that must be inspected published and implemented by the Customs (the General Administration of Quality Inspection); The other is those that must be tested according to laws and administrative regulations. These two types of commodities together constitute the extension of legal inspection commodities.

The Regulations on the Safety Administration of Dangerous Chemicals stipulates that the customs is responsible for the inspection of import and export dangerous chemicals and their packaging; The import and export management of hazardous chemicals shall be implemented in accordance with the provisions of laws, administrative regulations and rules on foreign trade.

In 2020, the General Administration of Customs issued the Announcement on Issues Related to the Inspection and Supervision of Import and Export of Dangerous Chemicals and Their Packages (Announcement No. 129 of the General Administration of Customs in 2020), which made specific requirements for the inspection and supervision of import and export of dangerous chemicals and their packages, strengthened the declaration obligations of enterprises and the responsibilities of enterprises, and adjusted the inspection contents and inspection requirements. The above-mentioned documents are the legal basis for the customs to supervise the import and export of hazardous chemicals.

The "Catalogue of Import and Export Commodities Subject to Inspection by Entry Exit Inspection and Quarantine Institutions" in the full text is revised to "Catalogue of Import and Export Commodities Subject to Inspection and Quarantine by Entry Exit Inspection and Quarantine Institutions". Therefore, dangerous chemicals listed in the Catalogue of Dangerous Chemicals but not listed in the Catalogue of Entry Exit Commodities Subject to Inspection and Quarantine by Entry Exit Inspection and Quarantine Institutions are also subject to legal inspection.

Question 2: Can the customs punish the enterprises involved?

Commenting on Article 46 of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection, which stipulates that the consignee, consignor, agent inspection application enterprise or entry-exit express operation enterprise or inspection application personnel of import and export commodities fail to provide the true information of import and export commodities, obtain the relevant certificates from the entry-exit inspection and quarantine authority, or refuse to apply for inspection of import and export commodities subject to statutory inspection, and evade the inspection of import and export commodities, The entry-exit inspection and quarantine organ shall confiscate the illegal income and impose a fine of 5% to 20% of the value of the goods.

In this case, the Report on the Classification and Identification of Dangerous Characteristics of the goods involved in the case "hand sanitizer (containing 75% ethanol)" shows that the goods are dangerous chemicals listed in the Catalogue of Dangerous Chemicals, which means they are legally inspected goods. If an enterprise fails to apply to the customs for inspection of hazardous chemicals when exporting, which has constituted an offence, the customs may punish it according to law.

Question 3: What is the difference between dangerous chemicals, dangerous goods and dangerous goods packaging?

Comment on hazardous chemicals

It refers to highly toxic chemicals and other chemicals with toxic, corrosive, explosive, combustion, combustion supporting and other properties that are harmful to human beings, facilities and the environment. According to Announcement No. 129 of the General Administration of Customs in 2020, the customs will inspect the hazardous chemicals listed in the Catalogue of Hazardous Chemicals (2015 Edition).

Dangerous goods refer to substances and articles with explosive, flammable, toxic, infectious, corrosive, radioactive and other dangerous characteristics, which are easy to cause personal injury, property damage or environmental pollution during transportation, storage, production, operation, use and disposal and need special protection.

Packaging of dangerous goods

It refers to the packaging containers containing dangerous goods, which usually include packaging containers with a capacity of no more than 450L and a net weight of no more than 400kg, medium bulk containers, large containers (large packaging), pressure containers, spray cans, small gas containers, portable tanks and multi gas containers.

For example: matches, car airbags, etc. are dangerous goods, but not dangerous chemicals; Boric acid is a dangerous chemical, but not a dangerous goods; Ethanol is both dangerous goods and dangerous chemicals; Packaging such as barrels, cans and cartons containing matches and ethanol belongs to packaging of dangerous goods.

03 Enlightenment from case law popularization

Whether the imported and exported dangerous chemicals belong to the commodities subject to legal inspection is the premise and basis for customs supervision of dangerous chemicals. Therefore, an accurate understanding of the scope of forensic examination is essential.

In this regard, relevant laws and administrative regulations have made relatively clear provisions. Commodities subject to legal inspection include import and export commodities listed in the catalogue of import and export commodities subject to inspection and other import and export commodities subject to inspection as prescribed by laws and administrative regulations.

It should be reminded that, according to the Commodity Inspection Law and its implementing regulations, the manufacturer of packaging containers for export dangerous goods should apply to the customs for performance appraisal of packaging containers. Packaging containers can only be used for packaging dangerous goods if they have passed the customs appraisal and obtained the performance appraisal certificate. A production enterprise that exports dangerous goods shall apply to the customs for the identification of the use of the packaging containers for dangerous goods. Dangerous goods that use packaging containers that have not been identified or that have been identified as unqualified shall not be exported.