Recently, the Customs of Shanghai Waigaoqiao Port District issued an administrative penalty decision on Zhuji Ainan Import and Export Co., Ltd. (Shanghai Waigaoqiao Port Customs Inspection No. [2022] 0056).
Administrative Penalty Decision of Shanghai Waigaoqiao Port District Customs District, the People's Republic of China
Shanghai Waigaoqiao Port Customs Inspection Violation No. [2022] No. 0056
Party Name: Zhuji Ainan Import and Export Co., Ltd.
Legal Representative: Hongliya
Customs Code: 3322961CF1
Address: No. 32, Liangjiabu Village, Jiyang Street, Zhuji City, Zhejiang Province-1
The party entrusts Shanghai Lanzhou International Cargo Transportation Agency Co., Ltd. to declare a batch of goods to the customs in the form of general trade on July 3, 2022. The declared product name is reactive dye, orange-based GC, etc., the total declared weight is 36211 kilograms, and the total declared value is FOB37369.7 US dollars. Export customs declaration form number 222920220001731044. After investigation, it was found that the thirteenth item of the actual goods was orange-based GC, with a quantity of 750 kg and a value of FOB of US$750. It should be classified as commodity number 2921420090. The orange-based GC was included in the "Catalogue of Hazardous Chemicals", and the parties did not declare export inspection. The parties exported the exported goods that were statutoryly inspected without inspection and without authorization.
The actions of the parties violated Article 15 of the "Implementation Law of the People's Republic of China" and Article 24, paragraph 1 of the "Implementation Regulations of the Import and Exportation Goods Inspection Law of the People's Republic of China".
or above are export goods customs declaration documents and accompanying documents, interrogation records, business licenses of the parties involved and statements of the parties involved.
According to Article 32 of the "Implementation and Export Commodity Inspection Law of the People's Republic of China" and Article 43 of the "Implementation Regulations of the Import and Export Commodity Inspection Law of the People's Republic of China", it was decided to impose the following administrative penalties on the parties:
Section imposes a fine of RMB 607.
The parties shall perform the above penalty decision within 15 days from the date of delivery of this penalty decision, in accordance with the provisions of Articles 66, 67 and 69 of the Administrative Penalty Law of the People's Republic of China.
If the parties are dissatisfied with this penalty decision, they may apply for administrative reconsideration to Shanghai Customs within 60 days from the date of delivery of this penalty decision, or directly file a lawsuit with Shanghai No. 1 Intermediate People's Court within 60 days from the date of delivery of this penalty decision, or within 6 months from the date of delivery of this penalty decision.
According to Article 72 of the Administrative Penalty Law of the People's Republic of China, if a fine is not paid when it expires, a fine may be imposed at three percent of the amount of the fine every day, and the amount of the additional fine shall not exceed the amount of the fine.
According to Article 93 of the Customs Law of the People's Republic of China and Article 60 of the "Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China", if the parties fail to perform the penalty decision within the deadline and fail to apply for reconsideration or file a lawsuit with the people's court, the customs may offset the detained goods, items, and means of transportation in accordance with the law, or pay with the guarantee provided by the parties; or apply for compulsory execution by the people's court.
August 12, 2022
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-