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Detailed Interpretation of China's Announcement on Relevant Issues Concerning Inspection and Supervision of Import and Export Dangerous Chemicals and Their Packaging

On December 18, 2020, the General Administration of Customs issued the Announcement on Relevant Issues Concerning Inspection and Supervision of Import and Export Dangerous Chemicals and Their Packaging (Announcement No.129 of the General Administration of Customs in 2020). The announcement shall be implemented as of January 10, 2021, and the announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine in 2012 shall be abolished at the same time.

Compared with the original announcement No.30, the main changes are as follows:

1. The latest edition of the Catalogue of Hazardous Chemicals is applicable;

2. Deleted the expression of "declaration according to the name in the List of Hazardous Chemicals" in the third point;

3. The expression "import and export of hazardous chemicals and their packaging shall be subject to inspection and supervision according to the following requirements (5) The technical requirements in trade contracts are higher than those specified in (1) to (4) of this Article" has been deleted in the fourth point;

4. Deleted the expression "whether it meets the requirements of safety, hygiene, health, environmental protection, fraud prevention, and related items such as quality, quantity and weight" in the fifth point;

5. The styles of Appendix "Declaration of Conformity of Enterprises Importing Dangerous Chemicals" and "Declaration of Conformity of Enterprises Exporting Dangerous Chemicals" were revised.

Compared with the announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine in 2012, the announcement No.129 of the General Administration of Customs in 2020 has six key changes.

First, the law enforcement duties remain unchanged, and the inspection scope is updated.

Article 1 of Announcement No.129 makes it clear that the customs will inspect the import and export hazardous chemicals listed in the Catalogue of Hazardous Chemicals (latest edition),The main change is that the Catalogue of Hazardous Chemicals replaces the Catalogue of Hazardous Chemicals.

Announcement No.129 of the General Administration of Customs

Announcement No.30 of the former AQSIQ

The Customs shall inspect the import and export hazardous chemicals listed in the National Catalogue of Hazardous Chemicals (latest edition).

Entry-exit inspection and quarantine institutions shall inspect the import and export hazardous chemicals listed in the National List of Hazardous Chemicals (see Appendix).

 In 2015, the publication of the Catalogue of Hazardous Chemicals (2015 Edition) replaced the Catalogue of Hazardous Chemicals (2002 Edition), so this announcement was updated. In the future, the Catalogue of Hazardous Chemicals will be updated continuously, so Announcement No.129 directly indicates the implementation of the latest version, which also solves the problem of lagging adjustment of regulatory scope due to the subsequent version update.

Second, the materials provided are unchanged, and the items reported are increased.

Import dangerous chemicals

Announcement No.129 of the General Administration of Customs

Announcement No.30 of the former AQSIQ

When the consignee of imported dangerous chemicals or his agent declares the customs, the items to be filled in shall include danger category, packaging category (except bulk products), UN number of dangerous goods, UN mark of dangerous goods packaging (except bulk products), etc. The following materials shall also be provided:

(a) the declaration of conformity of enterprises importing dangerous chemicals

(two) 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) Chinese hazard publicity labels (except bulk products, the same below) and Chinese safety data sheet samples.

The consignee or its agent of imported dangerous chemicals shall report to the inspection and quarantine institution at the customs declaration place in accordance with the Provisions on Inspection and Quarantine of Entry-Exit Inspection and Quarantine, and shall declare according to the name in the List of Dangerous Chemicals when reporting for inspection, and shall also provide the following materials:

(a) the declaration of conformity of enterprises engaged in the import of dangerous chemicals

(two) 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) Chinese hazard publicity labels (except bulk products, the same below) and Chinese safety data sheet samples.

 

Article 2 of Announcement No.129 emphasizes the safety responsibility of the consignee of imported dangerous chemicals, and clearly stipulates that the dangerous category, packaging category (except in bulk), UN dangerous goods number (UN number) and UN dangerous goods packaging mark (except in bulk) should be truthfully reported when customs declaration is made.

On December 24, 2020, a single window issued a notice on standardizing the declaration of imported dangerous chemicals.  Since January 10, 2021, products with HS code involving hazardous chemicals must check one of "bulk hazardous chemicals", "package hazardous chemicals" and "non-hazardous chemicals" in the "goods attribute" column before they can continue to declare. At the same time, fill in the column of "Dangerous Goods Information".

Third, the materials provided are unchanged, and the exemption clauses are increased.

Export of hazardous chemicals

Announcement No.129 of the General Administration of Customs

Announcement No.30 of the former AQSIQ

Three, the consignor of export dangerous chemicals or their agents to the customs inspection, shall provide the following materials:

(1) Declaration on Conformity of Enterprises Producing Hazardous Chemicals for Export (see Annex 2 for the format);

(two) "outbound goods transport packaging performance test results list" (except for bulk products and international regulations exempt from the use of dangerous goods packaging);

(3) Report on classification and identification of hazardous characteristics;

(4) Samples of danger publicity labels (except bulk products, the same below) and safety data sheets, if they are foreign language samples, corresponding Chinese translations shall be provided;

(five) for products that need to be added with inhibitors or stabilizers, the name and quantity of the inhibitors or stabilizers actually added shall be provided.

3. The consignor or his agent for exporting dangerous chemicals shall report to the inspection and quarantine institution of the place of origin in accordance with the Provisions on Inspection and Quarantine for Entry-Exit Inspection and Quarantine, and declare according to the name in the List of Dangerous Chemicals at the time of inspection, and shall also provide the following materials:

(1) declaration of conformity of enterprises producing dangerous chemicals for export (see annex 2 for the format).

(two) "outbound goods transport packaging performance inspection results" (except bulk products);

(3) Report on classification and identification of hazardous characteristics;

(4) Samples of danger publicity labels and safety data sheets, if they are foreign language samples, corresponding Chinese translations shall be provided;

(five) for products that need to be added with inhibitors or stabilizers, the name and quantity of the inhibitors or stabilizers actually added shall be provided.

 Article 3 (2) of Announcement No.129 adds an exemption clause,If the exported dangerous chemicals meet the requirements of international regulations (for example, the United Nations Recommendations and Rules on the Transport of Dangerous Goods, the International Maritime Dangerous Goods Rules, etc.), it is not necessary to provide the Performance Inspection Results of Outbound Goods Transport Packaging at the time of declaration.

This clause applies to limited or exceptional quantities of dangerous goods (except by air). In addition, the Chinese GHS label is not required for the declaration of dangerous chemicals transported in bulk.

Article 3 (2) of Announcement No.129 adds an exemption clause,If the exported dangerous chemicals meet the requirements of international regulations (for example, the United Nations Recommendations and Rules on the Transport of Dangerous Goods, the International Maritime Dangerous Goods Rules, etc.), it is not necessary to provide the Performance Inspection Results of Outbound Goods Transport Packaging at the time of declaration.

Fourth, the technical requirements have changed, and the main responsibility is clear.

Announcement No.129 of the General Administration of Customs

Announcement No.30 of the former AQSIQ

Four, dangerous chemicals import and export enterprises shall ensure that dangerous chemicals meet the following requirements:

(1) Mandatory requirements of China's national technical specifications (applicable to imported products);

(two) the relevant international conventions, international rules, treaties, agreements, protocols, memos, etc.;

(3) importing technical regulations and standards of countries or regions (applicable to export products);

(4) Technical specifications and standards designated by the General Administration of Customs and the former AQSIQ.

Four, import and export of dangerous chemicals and their packaging in accordance with the following requirements for inspection and supervision:

(1) Mandatory requirements of China's national technical specifications (applicable to imported products);

(two) international conventions, international rules, treaties, agreements, protocols, memos, etc.;

(3) importing technical regulations and standards of countries or regions (applicable to export products);

(4) Technical specifications and standards designated by AQSIQ;

(5) The technical requirements in the trade contract are higher than those specified in items (1) to (4) of this Article.

The former General Administration of Quality Supervision, Inspection and Quarantine Announcement No.30, "Import and export of hazardous chemicals and their packaging shall be inspected and supervised according to the following requirements", was updated to the announcement No.129 of General Administration of Customs, "Import and export enterprises of hazardous chemicals shall ensure that hazardous chemicals meet the following requirements", which further clarified the quality and safety requirements and the main responsibilities of enterprises in the process of import and export of hazardous chemicals. Delete "(5) technical requirements in trade contracts higher than those specified in (1) to (4) of this article. ".

Article 4 of Announcement No.129 clarifies the main responsibility of enterprises, and enterprises should ensure that the import and export of dangerous chemicals meet the relevant requirements, and delete the "technical requirements in trade contracts higher than those specified in (1) to (4) of this Article" in the original Announcement No.30, and no longer take commercial trade contracts as the inspection basis for dangerous chemicals.

Fifth, check the content and focus on safety.

Announcement No.129 of the General Administration of Customs

Announcement No.30 of the former AQSIQ

Five, import and export of dangerous chemicals inspection contents include:

(1) Whether the main componentscomponent information, physical and chemical characteristics and hazard categories of the products comply with the provisions of Article 4 of this announcement.

(two) whether there is a danger publicity label on the product packaging (imported products should have a Chinese danger publicity label), and whether it is accompanied by a safety data sheet (imported products should be accompanied by a Chinese safety data sheet); Whether the contents of the danger publicity label and safety data sheet conform to the provisions of Article 4 of this announcement.

 

Five, import and export of dangerous chemicals inspection content, including whether it meets the requirements of safety, hygiene, health, environmental protection, fraud prevention and related quality, quantity, weight and other items. Among them, safety requirements include:

(1) Whether the main componentscomponent information, physical and chemical characteristics and hazard categories of the products comply with the provisions of Article 4 of this announcement.

(two) whether there is a danger publicity label on the product packaging (imported products should have a Chinese danger publicity label), and whether it is accompanied by a safety data sheet (imported products should be accompanied by a Chinese safety data sheet); Whether the contents of the danger publicity label and safety data sheet conform to the provisions of Article 4 of this announcement.

 Article 5 of Announcement No.129, concerning the inspection contents of import and export hazardous chemicals, only the safety requirements in the original Announcement No.30 have been retained, and the "safety" requirements have been paid more attention, instead of the related items such as quality, quantity and weight, so that the purpose and focus of the inspection can be seen at a glance.

Sixth, packaging requirements in line with international regulations.

Announcement No.129 of the General Administration of Customs

Announcement No.30 of the former AQSIQ

Seven, the export of dangerous chemicals packaging, should be in accordance with the shipping, air transport, road transport and railway transport export dangerous goods packaging inspection management regulations, standards, the implementation of performance inspection and use identification, respectively, issued by the "outbound goods transport packaging performance inspection results" and "outbound dangerous goods transport packaging use identification results".

Seven, the export of dangerous chemicals packaging, should be in accordance with the shipping, air transport, automobile, railway transport export dangerous goods packaging inspection management regulations, standards, implementation of performance inspection, use appraisal, respectively, issued by the outbound goods transport packaging performance inspection results ","outbound dangerous goods transport packaging use appraisal results ".

In Announcement No.129 of the General Administration of Customs, "automobile" was changed to "road transport", and other inspection requirements for packaging of dangerous chemicals remained unchanged. It reflects the further integration of China's laws and regulations with international technical regulations.

The international regulations commonly used for dangerous chemicals and dangerous goods include GHS, whose cover is purple and commonly known as purple book,The cover of United Nations TDG is orange, which is also commonly known as orange book. According to different modes of transportation, there are International Maritime Organization's International Maritime Dangerous Goods Code (IMDG Code) and International Civil Aviation Organization's Technical Rules for the Safe Transport of Dangerous Goods by Air (ICAO); Rules for International Carriage of Dangerous Goods by Rail (RID) and European Agreement on International Carriage of Dangerous Goods by Road (ADR), etc. It is suggested that enterprises should know more about these laws and regulations before handling import and export of hazardous chemicals, or contact us for consultation. 


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