Opening case.
After our investigation, the party has the following illegal acts: the party entrusted the chain management *** to declare to the customs on August 10, 2023 to export 380 grams of oxadone suspension 6976 kg in a general way, with a total declared price of FOB 69760 US dollars, the declared commodity number is 3808931190, and the customs declaration number is *** After investigation, the actual goods are preparations containing chlorpypate in retail packaging (content of 368g l), should be classified into the commodity number 3808911990, export should provide the correct "pesticide export registration management release notice".
After verification, the value of the goods is RMB 49868634 yuan.
The above facts have constituted a violation of customs supervision regulations.
The above acts are evidenced by the customs declaration documents for export goods, the entry and exit manual inspection records of the customs, the customs tax calculation and verification certificate for goods, the customs inquiry records, the explanation of the situation and other evidence.
In accordance with the provisions of Article 86 (3) of the Customs Law of the People's Republic of China, Article 32 (5) of the "Administrative Punishment Law of the People's Republic of China", and Article 15 (3) of the "Regulations of the People's Republic of China on the Implementation of Customs Administrative Penalties", it is decided to impose the following administrative penalties on the parties:
Penalty of a fine of RMB: 2490,000 yuan.
Pesticides are included in the Catalogue of Hazardous Chemicals (2015 Edition).
Why are pesticides listed as hazardous chemicals?
There are many varieties of pesticides, which are divided into raw materials, parent drugs and preparations according to their composition. The original ingredient refers to the product that contains only the active ingredients and impurities, and does not contain visible foreign substances and any additives. The parent drug is a mixture obtained by dissolving the active ingredient in a certain solvent with a high content. Preparation is a pesticide product formed by adding solvents, surfactants, fillers, etc. to the original drug or parent drug. Common dosage forms include: emulsifiable concentrate (EC), wettable solvent (WP), granule (GR), soluble powder (SP), suspension agent (SC), etc. The widespread use of different types of pesticides has caused pollution to the environment to a certain extent, and may cause harm to human health if not properly disposed of, and there are also potential transportation safety hazards. Therefore, some pesticide products have been included in China's "Catalogue of Hazardous Chemicals" (2015 Edition) for management.
Which pesticides are listed as hazardous chemicals?
By querying the Catalogue of Hazardous Chemicals (2015 Edition), we can clearly know the types of pesticides listed in the hazardous chemicals. It should be noted that some chemicals are included in the "Catalogue of Hazardous Chemicals" with "calibration content", and if they are within the calibration range, they are also included in the catalogue.
Tips: Some pesticide preparations are flammable liquids due to their solvent composition, and according to factors such as closed-cup flash point and continuous flammability experimental data, such as meeting the requirements of item 2828 of the "Catalogue of Hazardous Chemicals" (synthetic resins, paints, auxiliary materials, coatings and other products containing flammable solvents [closed-cup flash point 60]), they will also be included in the hazardous chemicals, which is also a common occurrence of false concealment and evasion detection.
For example, some emulsifiable pesticides usually contain 1%-5% active ingredients and are not included in the "Catalogue of Hazardous Chemicals", but their main body is flammable solvents such as toluene, xylene, and methanol listed in the "Catalogue of Hazardous Chemicals". Whether emulsifiable concentrate pesticides are hazardous chemicals depends on the type and content of such solvents, and needs to be determined according to the measured value of flash point.
Brief introduction. There are many varieties of pesticides, which can be divided into original drugs, parent drugs and preparations according to their composition. The original ingredient refers to the product that contains only the active ingredients and impurities, and does not contain visible foreign substances and any additives. The parent drug is a mixture obtained by dissolving the active ingredient in a certain solvent with a high content. In layman's terms, the parent drug is a pesticide prepared from the original drug. The role of both the original drug and the parent drug is to formulate various preparations. Preparation is a pesticide product formed by adding solvents, surfactants, fillers, etc. to the original drug or parent drug. Common dosage forms include: emulsifiable concentrate (EC), soluble powder (SP), wettable powder (WP), suspension agent (SC), etc. (see GB T 19378-2017 "Pesticide Dosage Form Names and **" for details).
There are more than 500 kinds of synthetic chemical pesticides, and the widespread use of these pesticides will cause environmental pollution to a certain extent, and if they are not properly handled, they will bring hidden dangers to human health and transportation safety. Therefore, some pesticide products are also included in China's "Catalogue of Hazardous Chemicals" (2015 Edition) (hereinafter referred to as the "Catalogue") for management.
How to determine whether it is included in the Catalogue?
01 The principle of "original ingredient content".
The "Explanation - Other Matters - Article 4" in the Table of Contents is as follows:
The entries in the catalogue that do not contain a description other than mixtures refer to the industrial products or chemicals with a purity higher than the industrial products, and when used as pesticides, they refer to the original ingredients.
The content of the original drug product will not be stated in the catalog, so for the original drug product, the key is to know the content standard and verify its authenticity. See examples of how to do this.
Q&A time -
A product information: Product name: acetochlor TC;Ingredient content: acetochlor: 93%, impurities and water: 7%. Is the product included in the Catalogue?
Step 1: Check the criteria, the standards of acetochlor are as follows:
It can be seen from the standard that when the acetochlor content is 93%, it is the original drug. When acetochlor content is 93%, it is a preparation.
From this, it can be judged that the product is an active ingredient product that meets the standards.
Step 2: Check the catalogue of hazardous chemicals, and the entries listed in the catalogue are as follows:
According to the description of the Catalogue, the original drug product shall be listed in Item 2585 of the Catalogue.
02 The principle of "indicating the content".
If there is a description of the content in the catalog, it shall be included in accordance with the content listed.
Q&A time -
A product information: Product name: 30% poisonous insect phobia emulsifiable concentrate (solvent: 150 solvent oil). Is the product included in the Catalogue?
Query the "Catalogue", and the entries in the "Catalogue" are listed as follows:
It can be seen that when the content of poisonous insects is 20%, it needs to be included in the "Catalogue". Therefore, the product needs to be listed in item 665 of the Catalogue.
03 "70%" principle.
Article 5 of the Catalogue Implementation Guidelines is as follows:
The main components are all hazardous chemicals listed in the "Catalogue", and the sum of the mass ratio or volume ratio of the main components is not small.
At 70% of the mixture (except for those that have been identified as not belonging to the principle of determining hazardous chemicals), they can be regarded as hazardous chemicals and managed as hazardous chemicals (link to implementation guide**).
That is, when the sum of the components included in the catalogue in the mixture is 70%, the mixture needs to be included.
Q&A time -
A product information: product name: trichlorfon 80% sp;Ingredient content: trichlorfon: 80%, kaolin, additives, etc.: 20%. Is the product included in the Catalogue?
Query the "Catalogue", trichlorfon in the catalogue of hazardous chemicals listed items as follows:
The main ingredient "trichlorfon" is listed in the list of hazardous chemicals, and the content is 70%. Therefore, the product needs to be listed in Catalogue Item 365.
04 The "flash point" principle.
Article 7 of the Implementation Guidelines of the Catalogue is as follows:
As long as the chemicals meet the flash point criteria of item 2828 in the catalogue, they are classified as hazardous chemicals in item 2828 (link to the implementation guide**).
Pesticide products with a flash point of 60 shall be listed in Item 2828 of the Catalogue:
Q&A time -
A product information: product name: 18% avermectin EC (solvent: 150 solvent oil);Physical and chemical properties of the product: flash point 22. Is the product included in the Catalogue?
The flash point of the product is 60, in line with the 2828 entry, so the product is included in the list of hazardous chemicals.
Brief summary. Key points for judging the inclusion of pesticide products in the list of hazardous chemicals:
Original drug: see whether it is listed in the list of hazardous chemicals.
Preparation: see whether the content is listed in the list of hazardous chemicals.
70% principle.
2828 principle.
*: Allah customs officer.