A recent case of administrative punishment for the import of solid waste has attracted widespread attention. On February 24, 2019, a company declared to Customs the import of a shipment of LLDPE recycled pellets in a general** regulatory manner. They declared a product code of 3901402000, a quantity of 52,000 kilograms, and a total C&F price of $41,600.
However, after customs inspection and identification by the former Ningbo Entry-Exit Inspection and Quarantine Department, it was found that this batch of goods was actually waste lldpe recycled particles, which should be classified under the commodity code 3915100000, which belongs to the solid waste prohibited from import by the state.
After investigation, the company imported solid waste, which is prohibited by the state, in violation of Article 25, Paragraph 3 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste. Therefore, in accordance with the first paragraph of Article 78 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, the Customs decided to impose a fine of 160,000 yuan on the company.
This case is a wake-up call for us that any act of importing solid waste must strictly comply with national laws and regulations. If the regulations are violated, not only will the goods be returned, but they will also face hefty fines. If you are planning to import goods, it is important to understand the relevant regulations and requirements to avoid unnecessary losses.
In addition, if the parties are not satisfied with the penalty decision, they may apply to Ningbo Customs for administrative reconsideration within 60 days, or file a lawsuit with the Ningbo Intermediate People's Court within 6 months. However, it should be noted that if the fine is not paid when due, the customs can impose an additional fine of 3% of the fine amount.
In addition, if the party fails to perform the penalty decision within the time limit and does not prosecute, the Customs has the right to sell the detained goods, articles or means of transport to offset the fine, or use the guarantee provided by the party to offset the payment, and may also apply to the court for compulsory enforcement. Therefore, both importers and practitioners in related industries should understand and comply with the national regulations and requirements for solid waste imports, so as to avoid unnecessary troubles and losses caused by ignorance and violating the law. Only by doing this, can our environment be better protected and the healthy development of the industry can be guaranteed.