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On December 22nd, 2020, the General Administration of Customs of the People’s Republic of China (GACC) published the Announcement on Questions Regarding the Inspection on Imported and Exported Hazardous Chemicals and Their Packaging (GACC Announcement No. 129 of 2020) [1]. The Announcement will take effect starting from January 10th, 2021, poised to replace AQSIQ Announcement No. 30 of 2012 [2] as the guiding document for customs agencies to fulfill their duties concerning the inspection on imported and exported hazardous chemicals and their packaging. (Click the picture on the right for English translation.)
ChemLinked has summarized major adjustments made in the new announcement:
l Clarify the scope of hazardous chemicals to be inspected
The new announcement makes clear that hazardous chemicals which are included in the latest version of the Inventory of Hazardous Chemicals [3], if to be imported or exported, are subject to the inspection of customs agencies. This adjustment is made in view of the fact that the Inventory will be updated constantly in the future, so as to avert problems such as regulatory void.
l Specify information to be given in customs declaration
According to the new announcement, a consignee or declarant of imported hazardous chemicals shall provide information including hazard class, packing group (excluding bulk products), UN number, UN packaging symbol (excluding bulk products), etc. in applying for customs declaration. In addition, for both imported and exported chemicals, the new announcement removes the requirement that “the chemical name declared shall be identical to that specified in the Inventory of Hazardous Chemicals”.
l Expand the scope of exemption in document requirements for exported hazardous chemicals
AQSIQ Announcement No. 30 of 2012 stated that in the case of bulk products, the Inspection Result of Transportation Package Performance of Exit Goods is not required. The new announcement expands the scope of exemption to cover also hazardous chemicals which are exempt from the use of dangerous goods packaging according to international regulations, such as the IMDG Code [4]. Meanwhile, , GHS labels are not required for the export of bulk products.
l Ensure that enterprises assume primary responsibilities
AQSIQ Announcement No. 30 of 2012 specified that the inspections on imported and exported hazardous chemicals and their packaging shall be carried out following five requirements, yet without pinpointing which party assumes primary responsibilities. In contrast, the new announcement crosses out the last requirement concerning technical requirements in contracts and specifies that enterprises shall assume primary responsibilities in meeting the remaining requirements.
l Make clear the content of inspections
AQSIQ Announcement No. 30 of 2012 provided that “the inspection of imported and exported hazardous chemicals includes inspection on safety, hygiene, health, environmental protection, honesty, quality, quantity, weight, etc.” However, the new announcement keeps only safety requirements, without mentioning the requirements in other aspects. This change reflects the increased attention paid by customs agencies to safety issues.
