There is a special situation in the supervision and enforcement of CCC certification, and some products do belong to the CCC catalog according to their use and main functions, but they can be exempted from certification in practice, that is, the "CCC exemption" stipulated in Article 42 of the "Compulsory Product Certification Management Regulations".
There are several key points to understand this provision:First of allSince the establishment of the system, the "CCC exemption" has only been for products in the "import" link, and the daily "domestic production + domestic sales" products are not included (in 2020, when the "Provisions" were proposed to be revised for comments, some people proposed that imported and domestic products should be treated equally, and consideration was given to setting exemption conditions for domestic production + sales products, but there has been no progress in subsequent revisions);
SecondlyNot all imported goods can be exempted, and they must be used in eight specific circumstances (excluding the catch-all clause in item 9) to be exempted; Third,The exemption does not mean that you do not need to go through any procedures, but you must submit relevant information to the market supervision department of the territory (generally the place of registration of the importer, seller or user), and only after approval and obtaining the "exemption certificate" can you be exempted from CCC certification in the import link and the subsequent sales and use links; Finally,Even if the product is successfully exempted, it must be used according to the original declared purpose (eight situations).
Looking at the above eight types of "CCC exemption" situations, they can be roughly divided into two types: one is that the product itself or the whole machine (assembled as accessories) is not finally circulated, sold and used in the domestic market, such as "(1) scientific research and testing products", "2) parts and components introduced by assessment technology", "5) commercial display only", "6) need to be returned and shipped out of customs (exhibits) after temporary import", (7) (8) all exports of the whole machine (general, imported or processed with supplied materials)" and other purposes. Considering that one of the core purposes of the CCC system is to protect the health and safety of humans, animals and plants, even if there are quality problems in the products exempted for these purposesIt will not adversely affect the economy, transaction order, health and safety in our country；The other is generally not circulated or sold in China, but still appears in the use link, such as "(3) directly required for the maintenance purpose of the end user", "4) the equipment parts equipped with the factory production line (excluding office supplies)", but combined with the adjustment scope of the CCC system (factory, sales, import or use in other business activities) to define, used as the user's maintenance of spare parts or parts of the factory production lineIt does not belong to the factory, sales, and does not meet the scope of "use in other business activities".It is estimated that it is also for these reasons that it is included in the exemption.
Because the CCC exemption work is limited to the inspection and control of products in the import process, it has been responsible for the inspection and quarantine bureaus directly under the former General Administration of Quality Supervision, Inspection and Quarantine in various places for more than ten years, but in 2018, the inspection and quarantine department was transferred to the General Administration of Customs in the institutional reform, taking into account the unification of the supervision and law enforcement powers of the "Certification and Accreditation Regulations", in March 2019, the State Administration for Market Regulation and the General Administration of Customs jointly issued the "Announcement on the Relevant Arrangements for Exemption from Compulsory Product Certification" (Announcement No. 13 2019). It is clearly stipulated that "the State Administration for Market Regulation is responsible for the organization, implementation, supervision and management of the compulsory product certification system." The General Administration of Customs is responsible for the verification of imported goods involving compulsory product certification. The State Administration for Market Regulation and the General Administration of Customs shall establish an online verification, notification and coordination mechanism for information such as compulsory product certification certificates or supporting documents. From April 1, 2019, the market supervision department will undertake the relevant work of exemption from compulsory product certificationAlthough the announcement itself did not specify that the CCC exemption supervision and law enforcement were all transferred to the market supervision department, the CFDA subsequently issued the "Notice on Clarifying the Requirements for Exemption from Compulsory Product Certification" (Guo Shi Jian Certification Letter 2019 No. 153), which further clarified the review and follow-up regulatory requirements for the eight exemption situations, and in the "Notice on Strengthening Certification and Supervision", the certification and supervision functions of the municipal supervision departments at all levels were also summarized as " Carry out the supervision and inspection of compulsory product certification (CCC) activities, and be responsible for investigating and punishing illegal acts of CCC certification", which naturally includes illegal acts in terms of CCC exemption, that is, "in violation of Article 42 of the provisions of the Regulations, fabricating false materials to deceive the "exemption from compulsory product certification certificate" or obtaining the "exemption from compulsory product certification certificate" after the product is not used in accordance with the original declared purpose, the market supervision and administration department shall order it to correct, Revoke the Certificate of Exemption from Compulsory Product Certificationand shall be punished in accordance with Article 66 of the Certification and Accreditation RegulationsThe false exemption can be identified as an imported uncertified product, and the importer and subsequent sellers shall be given "ordered to make corrections, fined 5-200,000 yuan and confiscated illegal gains" in accordance with the law.
In practice, however, there are very few opportunities for this penalty to be appliedBecause only by tracking and verifying the final use of CCC's exempted products can it be found that the original false declaration or failure to use it according to the declared purpose can this work be basically only involved when the customs department performs the tracking of imported goods, and it is difficult for the market supervision department to implement it on its own, and there is still a situation of poor communication between the two departments in terms of the definition method and coordination mechanism, and some problems are more prominent in practice. On the one handLocal municipal supervision departments often delegate the CCC exemption business to the registration department of the municipal bureau or even the district bureau (rather than the certification supervision department) to be responsible, and the personnel responsible for acceptance and approval basically do not understand the definition of CCC catalog products, so in the face of enterprises applying for exemption, as long as the type of information meets the requirements, they will be issued with exemptions, in fact, most of the products applying for exemption do not belong to the scope of CCC certification at all, but the enterprise heard the feedback from the customs that it needs to be exempted from the first notice to apply; On the other handThe staff of the customs department responsible for import inspection are not familiar with the definition of the CCC catalog, and often only rely on the "Reference Table for the Correspondence between the Compulsory Product Certification Catalogue and the Customs HS Code" (the latest is issued in 2017) issued by the CNCA when the original AQSIQ is issued. For example, the code 8501520000 correspond to 750W-75kW multiphase AC motors in the customs system, but the low-power motors in the CCC catalog are limited to the maximum rated power of 1For a 1kW motor, the range of the latter is much narrower than that of the former. The asymmetry of information directly leads to the fact that most of the CCC exemption corresponding products do not actually belong to the scope of CCC certification, that is, the "wrong certificate", and the staff responsible for acceptance and import inspection are not aware of this, and a lot of useless work is often done in the follow-up tracking and verification of the use of exempted products。Of course, there are also excellent experiencesSome provincial bureaus have not delegated the CCC exemption work to the prefecture and city, but still accept it by the relevant departments of the provincial bureau, but reasonably introduce external forces in the examination and approval, and outsource the overall payment of the definition task to the major CCC certification agencies, and define and feedback technical opinions one by one.
In the "Provisions", there is another situation where "imported goods do not need CCC certification when entering the country", which means that the product belongs to the scope of CCC certification, but there is no need to apply for exemption in advance, and there is no need for certification when entering the country, that is, Article 41 stipulates that "the imported goods included in the catalogue meet one of the following circumstances."There is no need to apply for compulsory product certification when entering the country:(1) Articles for personal use by foreign embassies, consulates or international organizations in China and their diplomatic personnel; (2) Articles for personal use of official institutions and their staff members of the Hong Kong and Macao Special Administrative Regions** in the Mainland; (3) Persons entering the country bring articles for their own use from abroad; (4) Items aided and donated by foreign countries (5) Other circumstances that do not need to be certified for compulsory products in accordance with the law", which are mainly the personal use of overseas diplomats (including Hong Kong and Macao) and foreign aid and gifts, which are easy to understand in accordance with the principle of "whether it will have an adverse impact on the economy, transaction order, health and safety within our country" in the previous article. The main reason is that it is a bit difficult to define the third item "personal use articles brought in by inbound personnel from abroad", because it is not limited to unsealed goods for use, so this actually gives transnational "human flesh" a little room for operation; At the end of 2018, six ministries and commissions, including the Ministry of Commerce, the General Administration of Customs, and the State Administration of Municipal Supervision, jointly issued the Notice on Improving the Supervision of Cross-border E-commerce Retail Imports (Shang Cai Fa 2018 No. 486).Cross-border e-commerce retail imports shall be supervised as imported goods for personal use…Therefore, for cross-border e-commerce retail import operations that meet the requirements, even if the goods themselves fall within the scope of CCC certification, only relevant certification materials are required, and there is no need to re-assess CCC certification in the import and subsequent sales links. 
This article was originally published in the semi-monthly issue of Market Supervision and Administration in Issue 3, 2024Kong Di, Market Supervision Bureau of Dongguan City, Guangdong Province.
Audit |Yu Jackie Chan Zhang Lijuan.
Edit |Chen Ying.
Editor-in-Charge |Tian Ying.
Internship Editor |Yang Qi.
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