Is the unused machine also an old mechanical and electrical product?
- Author:sofreight.com
- Release Date:2023-03-16
basic situation
In September 2021, Company A declared an import of valve/overflow valve to the B customs, with a product coding of 8481400,000.According to inspection, the B Customs found that the color of the goods was obvious in color and suspected to be old mechanical and electrical products.Company A argued that the goods were new products that have not been used. The reason for the obvious material of the material is that the inventory time is long, the surface aluminum material is worn out, and there is no trace of actual use.Customs B found that the production date of this batch of goods was 2000 years, and the quality guarantee period was 15 years. It belonged to the old mechanical and electrical products, but did not involve licensed documents.After further investigation and verification, Customs B punish Company A in accordance with the "Regulations on the Implementation of the Inspection Law of the People's Republic of China" (hereinafter referred to as the "Implementation Regulations").Company A believes that even if it belongs to the old mechanical and electrical products, the code of this product is not included in the "Entry -Exit and Quarantine of Entry -Exit Inspection and Quarantine Institutions" (hereinafter referred to as the "Law Inspection Catalog").No other inspection and quarantine supervision requirements.
Point analysis
Why does the unused machine also belong to the old mechanical and electrical products?
The "Measures for the Inspection and Supervision and Supervision of Imported Old Mechanical and Electrical Products" (hereinafter referred to as the "Administrative Measures") stipulates that old mechanical and electrical products refer to mechanical and electrical products with one of the following conditions: (1) have been used (excluding pre -use testing, debugging, debugging, debugging, debugging, debuggingThe equipment) still has basic functions and certain use value;Losses; (4) Mixed new components; (5) refurbishment.It can be seen from the above provisions that old mechanical and electrical products are commonly known as "old goods" or products commonly used in.Although it is not used, electromechanical products that exceed the quality guarantee period or the components are obviously damaged, and it also belongs to the category of old mechanical and electrical products.
In this case, the factory date marked by the goods and product instructions involved in the case is 2000 years, and the quality guarantee period marked is 15 years. It has exceeded the quality guarantee period when importing.The provisions of electromechanical products are declared, inspected and supervised.
Which old mechanical and electrical products are legal inspection products?
According to the "Implementation Regulations", the two types of goods are included in the statutory inspection according to law: one is included in the import and export product catalogs that should be implemented in the General Administration of Customs, and the other types should be implemented by laws and administrative regulations.At the same time, the "Implementation Regulations" also specifically stipulate that the country's allowed imported old mechanical and electrical products should be inspected by the customs; high -risk imports of old electromechanical products that are high, high -risk imported old electromechanical products involving personal property safety, health, and environmental protection projects shall also implement transportation.Previous inspection.The "Administrative Measures" further refine and clear. Importing old mechanical and electrical products that need to be inspected before the transportation should be performed in advance. After importing, the port customs shall be inspected by the port customs, and the destination inspection will be performed by the destination customs.In addition, the "Announcement on Adjusting the Inspection and Supervision of Imported Old Mechanical and Electrical Products" (hereinafter referred to as the "Announcement") also clarifies relevant specific inspection and supervision measures.According to the above provisions, the products included in the "Announcement" attachment "Implementation of Inspection and Supervision" must be implemented with legal inspections.
Can customs punish Company A?
In this case, after investigation and verification, the goods involved are old mechanical and electrical products allowed by the state. Although the product coding 8481400000 has not been included in the "Law Inspection Catalog", it has been included in the "Implementation and Supervision of the Imported Old Mechanical and Electrical Products".The "Implementation Regulations" and "Administrative Measures" and "Announcement" stipulate that it is the category of legal inspection products. Portal inspections and destination inspection must be implemented without the need to transport pre -testing.Company A equates the legal inspection product with the "Law Inspection Catalog".Company A has not fulfilled the obligations of truth inspection in accordance with the law, and has not fulfilled the truthful inspection obligations, and violated the Regulations on Implementation.According to its regulations, it is better to provide the real situation of import and export goods, obtain the relevant certificates of entry and quarantine agencies, or not be approved for the inspection of import and export products of legal inspections, and evading the inspection of import and export goods, and the entrance and exit inspection and quarantine will be quarantine and quarantine.The institution confiscated illegal income and imposed a fine of less than 5%or less.
Case Revelation
Article 4 of the Implementation Regulations stipulates that the entry -exit inspection and quarantine agencies shall be inspected for the implementation of other import and export goods inspected by the entry -exit inspection and quarantine institutions that are included in the import and export goods and laws and administrative regulations.Therefore, the French inspection products do not simply refer to the products listed in the "Law Inspection Catalog", but also include other products that are inspected by laws and administrative regulations such as hazardous chemicals, old mechanical and electrical products, and compulsory certification products.
In September 2021, Company A declared an import of valve/overflow valve to the B customs, with a product coding of 8481400,000.According to inspection, the B Customs found that the color of the goods was obvious in color and suspected to be old mechanical and electrical products.Company A argued that the goods were new products that have not been used. The reason for the obvious material of the material is that the inventory time is long, the surface aluminum material is worn out, and there is no trace of actual use.Customs B found that the production date of this batch of goods was 2000 years, and the quality guarantee period was 15 years. It belonged to the old mechanical and electrical products, but did not involve licensed documents.After further investigation and verification, Customs B punish Company A in accordance with the "Regulations on the Implementation of the Inspection Law of the People's Republic of China" (hereinafter referred to as the "Implementation Regulations").Company A believes that even if it belongs to the old mechanical and electrical products, the code of this product is not included in the "Entry -Exit and Quarantine of Entry -Exit Inspection and Quarantine Institutions" (hereinafter referred to as the "Law Inspection Catalog").No other inspection and quarantine supervision requirements.
Point analysis
Why does the unused machine also belong to the old mechanical and electrical products?
The "Measures for the Inspection and Supervision and Supervision of Imported Old Mechanical and Electrical Products" (hereinafter referred to as the "Administrative Measures") stipulates that old mechanical and electrical products refer to mechanical and electrical products with one of the following conditions: (1) have been used (excluding pre -use testing, debugging, debugging, debugging, debugging, debuggingThe equipment) still has basic functions and certain use value;Losses; (4) Mixed new components; (5) refurbishment.It can be seen from the above provisions that old mechanical and electrical products are commonly known as "old goods" or products commonly used in.Although it is not used, electromechanical products that exceed the quality guarantee period or the components are obviously damaged, and it also belongs to the category of old mechanical and electrical products.
In this case, the factory date marked by the goods and product instructions involved in the case is 2000 years, and the quality guarantee period marked is 15 years. It has exceeded the quality guarantee period when importing.The provisions of electromechanical products are declared, inspected and supervised.
Which old mechanical and electrical products are legal inspection products?
According to the "Implementation Regulations", the two types of goods are included in the statutory inspection according to law: one is included in the import and export product catalogs that should be implemented in the General Administration of Customs, and the other types should be implemented by laws and administrative regulations.At the same time, the "Implementation Regulations" also specifically stipulate that the country's allowed imported old mechanical and electrical products should be inspected by the customs; high -risk imports of old electromechanical products that are high, high -risk imported old electromechanical products involving personal property safety, health, and environmental protection projects shall also implement transportation.Previous inspection.The "Administrative Measures" further refine and clear. Importing old mechanical and electrical products that need to be inspected before the transportation should be performed in advance. After importing, the port customs shall be inspected by the port customs, and the destination inspection will be performed by the destination customs.In addition, the "Announcement on Adjusting the Inspection and Supervision of Imported Old Mechanical and Electrical Products" (hereinafter referred to as the "Announcement") also clarifies relevant specific inspection and supervision measures.According to the above provisions, the products included in the "Announcement" attachment "Implementation of Inspection and Supervision" must be implemented with legal inspections.
Can customs punish Company A?
In this case, after investigation and verification, the goods involved are old mechanical and electrical products allowed by the state. Although the product coding 8481400000 has not been included in the "Law Inspection Catalog", it has been included in the "Implementation and Supervision of the Imported Old Mechanical and Electrical Products".The "Implementation Regulations" and "Administrative Measures" and "Announcement" stipulate that it is the category of legal inspection products. Portal inspections and destination inspection must be implemented without the need to transport pre -testing.Company A equates the legal inspection product with the "Law Inspection Catalog".Company A has not fulfilled the obligations of truth inspection in accordance with the law, and has not fulfilled the truthful inspection obligations, and violated the Regulations on Implementation.According to its regulations, it is better to provide the real situation of import and export goods, obtain the relevant certificates of entry and quarantine agencies, or not be approved for the inspection of import and export products of legal inspections, and evading the inspection of import and export goods, and the entrance and exit inspection and quarantine will be quarantine and quarantine.The institution confiscated illegal income and imposed a fine of less than 5%or less.
Case Revelation
Article 4 of the Implementation Regulations stipulates that the entry -exit inspection and quarantine agencies shall be inspected for the implementation of other import and export goods inspected by the entry -exit inspection and quarantine institutions that are included in the import and export goods and laws and administrative regulations.Therefore, the French inspection products do not simply refer to the products listed in the "Law Inspection Catalog", but also include other products that are inspected by laws and administrative regulations such as hazardous chemicals, old mechanical and electrical products, and compulsory certification products.