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Detailed Interpretation of China's Announcement on Issues Concerning the Inspection and Supervision of Imported and Exported Hazardous Chemicals and Their Packaging
Release time:
2021-06-02 12:02
On December 18, 2020, the General Administration of Customs issued the Announcement on Issues Relating to the Inspection and Supervision of Imported and Exported Hazardous Chemicals and Their Packaging (General Administration of Customs Announcement No. 129 of 2020). The announcement shall be implemented as of January 10, 2021, and the original AQSIQ Announcement No. 30 of 2012 shall be abolished at the same time.
Compared with the original announcement No. 30, the following modifications have been made:
1. The Catalogue of Hazardous Chemicals applies to the latest edition;
2. Deleted the third point in the "inspection in accordance with the name of the" list of hazardous chemicals to declare "expression;
3. Deleted the fourth point "import and export of hazardous chemicals and their packaging in accordance with the following requirements to implement inspection and supervision (V) trade contracts higher than the (I) to the (IV) provisions of the technical requirements" expression;
4. Delete the expression "whether it meets the requirements of safety, hygiene, health, environmental protection, fraud prevention and related quality, quantity, weight and other items" in the fifth point;
5. Revised the appendix "Declaration of Conformity of Enterprises Importing Hazardous Chemicals" and "Declaration of Conformity of Enterprises Exporting Hazardous Chemicals.
The General Administration of Customs Announcement No. 129 of 2020 has six key changes compared to the original AQSIQ Announcement No. 30 of 2012.
1. law enforcement responsibilities remain unchanged, and inspection scope is updated
Article 1 of Announcement No. 129 clarifies that the customs shall inspect the import and export hazardous chemicals listed in the "Hazardous Chemicals Catalog" (latest edition). The main change is that the "Hazardous Chemicals Catalog" replaces the "Hazardous Chemicals Catalog".
Announcement No. 129 of the General Administration of Customs | Announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine |
The Customs shall inspect the import and export of hazardous chemicals listed in the National Catalogue of Hazardous Chemicals (the latest edition). | The entry-exit inspection and quarantine institution shall inspect the import and export of hazardous chemicals listed in the National List of Hazardous Chemicals (see Appendix). |
In 2015, the catalogue of hazardous chemicals (2015 edition) replaced the list of hazardous chemicals (2002 edition), so the announcement was updated. In the future, the Catalogue of Hazardous Chemicals will be continuously updated, so Announcement No. 129 directly indicates the implementation of the latest version, which also solves the problem of lagging adjustment of the regulatory scope caused by subsequent version updates.
The materials provided by the 2. remain unchanged, and the items to be filled in are increased.
Imported hazardous chemicals
Announcement No. 129 of the General Administration of Customs | Announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine |
When the consignee of imported dangerous chemicals or his agent declares customs, the items to be filled in shall include the dangerous category, packaging category (except bulk products), United Nations dangerous goods number (UN number), United Nations dangerous goods packaging mark (packaging UN mark) (except bulk products), etc., and the following materials shall also be provided: (I) Declaration of Conformance of Enterprises Importing Hazardous Chemicals The (II) shall provide the description of the name and quantity of the inhibitor or stabilizer actually added for the product to which the inhibitor or stabilizer needs to be added; (III) Chinese hazard publicity labels (except bulk products, the same below), Chinese safety data sheet samples. | The consignee of imported hazardous chemicals or his agent shall, in accordance with the provisions on the application for entry and exit inspection and quarantine, apply for inspection to the inspection and quarantine institution at the place of customs declaration. When applying for inspection, the consignee shall declare according to the name in the list of dangerous chemicals, and shall also provide the following materials: (I) Declaration of Conformity of Enterprises dealing in Imported Hazardous Chemicals The (II) shall provide the description of the name and quantity of the inhibitor or stabilizer actually added for the product to which the inhibitor or stabilizer needs to be added; (III) Chinese hazard publicity labels (except bulk products, the same below), Chinese safety data sheet samples.
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Article 2 of Announcement No. 129 emphasizes the safety responsibility of the consignee of imported hazardous chemicals, and clearly stipulates that when customs declaration, the hazardous category, packaging category (except in bulk), United Nations dangerous goods number (UN number), United Nations dangerous goods packaging mark (packaging UN mark) (except in bulk) shall be truthfully filled in.
On December 24, 2020, the Single Window issued a notice on regulating the declaration of imported hazardous chemicals. From January 10, 2021, products with HS codes involving hazardous chemicals must check one of "bulk hazardous chemicals", "packaged hazardous chemicals" and "non-hazardous chemicals" in the "cargo attributes" column to continue to declare. At the same time, the "dangerous goods information" column to fill in the provisions.
3. provided materials unchanged, exemption clause increased
export of hazardous chemicals
Announcement No. 129 of the General Administration of Customs | Announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine |
The consignor or his agent 3. the export of dangerous chemicals shall provide the following materials when reporting to the Customs for inspection: (I) Declaration of Conformance of Export Hazardous Chemicals Production Enterprises (see Annex 2 for the format); (II) of the Outbound Cargo Transport Package Performance Inspection Results Sheet (except for bulk products and international regulations exempt from the use of dangerous goods packaging); Classification and identification report of (III) hazard characteristics; (IV) hazard publicity labels (except bulk products, the same below), safety data sheet samples, if it is a foreign language sample, should provide the corresponding Chinese translation; The (V) shall provide the description of the name and quantity of the inhibitor or stabilizer actually added for the product requiring the addition of the inhibitor or stabilizer. | The consignor or his agent 3. the export of dangerous chemicals shall apply to the inspection and quarantine institution of the place of origin in accordance with the provisions on the application for entry-exit Inspection and Quarantine, and shall declare in accordance with the name in the list of dangerous chemicals when applying for inspection, and shall also provide the following materials: Declaration of conformity of (I) export hazardous chemicals production enterprises (see Annex 2 for the format). (II) Outbound Cargo Transport Package Performance Inspection Result Sheet (except bulk products); Classification and identification report of (III) hazard characteristics; (IV) hazard publicity labels, safety data sheet samples, such as foreign language samples, should provide the corresponding Chinese translation; The (V) shall provide the description of the name and quantity of the inhibitor or stabilizer actually added for the product requiring the addition of the inhibitor or stabilizer. |
A new exemption clause has been added to the (II) clauses of Article 3 of Announcement No. 129. If the export of dangerous chemicals meets the requirements of international regulations (for example, the United Nations "Model Recommendations on the Transport of Dangerous Goods", "International Maritime Dangerous Goods Rules", etc.) Exemption from the use of dangerous goods packaging requirements, there is no need to provide the "Outbound Goods Transport Packaging Performance Inspection Results" when declaring.
This provision applies to dangerous goods in limited quantities or in exceptional quantities (except by air). In addition, dangerous chemicals transported in bulk do not need to provide Chinese GHS labels at customs declaration.
A new exemption clause has been added to the (II) clauses of Article 3 of Announcement No. 129. If the export of dangerous chemicals meets the requirements of international regulations (for example, the United Nations "Model Recommendations on the Transport of Dangerous Goods", "International Maritime Dangerous Goods Rules", etc.) Exemption from the use of dangerous goods packaging requirements, there is no need to provide the "Outbound Goods Transport Packaging Performance Inspection Results" when declaring.
4. technical requirements change, the main responsibility is clear
Announcement No. 129 of the General Administration of Customs | Announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine |
4. import and export enterprises of hazardous chemicals shall ensure that hazardous chemicals meet the following requirements: (I) the mandatory requirements of China's national technical specifications (applicable to imported products); (II) relevant international conventions, international rules, treaties, agreements, protocols, memorandums, etc; Technical regulations and standards of the country or region where the (III) is imported (applicable to export products); (IV) the technical specifications and standards designated by the General Administration of Customs and the former General Administration of Quality Supervision, Inspection and Quarantine. | 4. import and export of hazardous chemicals and their packaging shall be inspected and supervised in accordance with the following requirements: (I) the mandatory requirements of China's national technical specifications (applicable to imported products); (II) international conventions, international rules, treaties, agreements, protocols, memorandums, etc; Technical regulations and standards of the country or region where the (III) is imported (applicable to export products); (IV) the technical specifications and standards designated by the AQSIQ; (V) trade contracts are higher than the technical requirements specified in the (I) to (IV) of this article. |
The original AQSIQ Announcement No. 30 "Import and export of hazardous chemicals and their packaging shall be subject to inspection and supervision in accordance with the following requirements" was updated to "Hazardous chemicals import and export enterprises shall ensure that hazardous chemicals meet the following requirements" in the 129 announcement of the General Administration of Customs, further clarifying the quality and safety requirements in the process of import and export of hazardous chemicals and the main responsibility of enterprises. Delete the words "(V) trade contracts higher than the technical requirements specified in the (I) to (IV) of this article."
Article 4 of Announcement No. 129 clarifies the main responsibility of the enterprise. The enterprise shall ensure that the import and export of hazardous chemicals meet the relevant requirements, and delete the original Announcement No. 30 "trade contracts are higher than the technical requirements specified in the (I) to (IV) of this article". Commercial trade contracts are no longer used as the basis for the inspection of hazardous chemicals.
5. inspection content, focus on safety
Announcement No. 129 of the General Administration of Customs | Announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine |
The inspection of 5. import and export hazardous chemicals includes: (I) whether the main ingredients/component information, physical and chemical characteristics, hazard categories, etc. of the product comply with the provisions of Article 4 of this Announcement. (II) whether there is a danger publicity label on the product package (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.
| The contents of the inspection of 5. import and export hazardous chemicals, including whether they meet the requirements of safety, hygiene, health, environmental protection, fraud prevention, etc., and related quality, quantity, weight, etc. The safety requirements include: (I) whether the main ingredients/component information, physical and chemical characteristics, hazard categories, etc. of the product comply with the provisions of Article 4 of this Announcement. (II) whether there is a danger publicity label on the product package (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, regarding the inspection content of import and export hazardous chemicals, only the safety requirements in the original Announcement No. 30 are retained, and the "safety" requirements are more focused, and the relevant quality, quantity, weight and other items are no longer paid attention to. The purpose and focus of the inspection are clear at a glance.
6. packaging requirements in line with international regulations
Announcement No. 129 of the General Administration of Customs | Announcement No.30 of the former General Administration of Quality Supervision, Inspection and Quarantine |
For the packaging of export dangerous chemicals, the 7. shall implement performance inspection and use appraisal in accordance with the regulations and standards for the inspection and management of the packaging of export dangerous goods transported by sea, air, road and railway, and issue the "Outbound Goods Transport Packaging Performance Inspection Results Sheet" and "Outbound Dangerous Goods Transport Packaging Use Appraisal Results Sheet" respectively. | For the packaging of export hazardous chemicals, the 7. shall implement performance inspection and use appraisal in accordance with the regulations and standards for the inspection and management of the packaging of export dangerous goods transported by sea, air, automobile and railway, and issue the "Outbound Goods Transport Packaging Performance Inspection Results Sheet" and "Outbound Dangerous Goods Transport Packaging Use Appraisal Results Sheet" respectively. |
General Administration of Customs Announcement No. 129 will be "car" to "road transport", other inspection requirements for the packaging of dangerous chemicals unchanged. It reflects the further integration of China's laws and regulations with international technical regulations.
International regulations commonly used for dangerous chemicals and dangerous goods include the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), whose cover is purple and commonly known as the purple book; and the United Nations Model Regulations for the Recommendations on the Transport of Dangerous Goods (TDG), whose cover is orange and commonly known as the orange book. According to different modes of transport, there are the International Maritime Organization's International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Code for the Safe Transport of Dangerous Goods by Air (ICAO); the International Rail Transport of Dangerous Goods Code (RID) and the European Agreement on the International Transport of Dangerous Goods by Road (ADR), etc. It is recommended that enterprises increase their understanding of these regulations before handling the import and export of hazardous chemicals, or contact us for consultation.
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