Views: 0 Author: Site Editor Publish Time: 2026-11-05 Origin: Site
【Ji Fa Shuo】
Interpretation of Common Illegal Behaviors in Customs Inspection and Quarantine
Hazardous chemicals and dangerous goods
Explain the law with cases
Import and export commodity inspection is an important link in maintaining national security, protecting consumer rights and interests, and promoting the healthy development of foreign trade. Among them, hazardous chemicals and dangerous goods have dangerous properties such as flammable, explosive, poisonous, and corrosive. Improper management in the import and export process can easily cause safety accidents. In the field of import and export commodity inspection, they often involve two types of typical illegal acts - 'using unidentified export dangerous goods packaging containers' and 'failure to submit inspections for imported and exported hazardous chemicals in accordance with the law .' This issue selects the above two types of illegal situations, combines relevant cases, and explains the law through cases to help you understand legal red lines and compliance risks.
01 Case 1: Using unidentified export dangerous goods packaging containers
Case introduction
A company declared to the customs to export a batch of 'lithium-ion rechargeable battery packs' in the form of general trade. After inspection, the customs found that the goods belonged to Category 9 dangerous goods, but there were no dangerous goods-related markings on the outer packaging of the goods, and the company was unable to provide the 'Outbound Dangerous Goods Transport Packaging Usage Appraisal Result Sheet'. The above-mentioned behavior of the parties constitutes an illegal act of using export dangerous goods packaging containers that have not been authenticated by the entry-exit inspection and quarantine agency.
Law applies
Article 17 of the 'Import and Export Commodity Inspection Law of the People's Republic of China' stipulates that enterprises that produce packaging containers for the export of dangerous goods must apply to the commodity inspection agency for performance appraisal of the packaging containers. Enterprises that produce and export dangerous goods must apply to the commodity inspection agency for identification of packaging containers. Dangerous goods using unidentified packaging containers are not allowed to be exported.
Paragraph 2 of Article 29 of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China' stipulates that manufacturing enterprises that export dangerous goods shall apply to the entry-exit inspection and quarantine agency for identification of the use of dangerous goods packaging containers. Dangerous goods using unidentified or unqualified packaging containers shall not be exported.
Paragraph 1 of Article 50 of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China' stipulates that if you provide or use packaging containers for export dangerous goods that have not been authenticated by the entry-exit inspection and quarantine agency, the entry-exit inspection and quarantine agency will impose a fine of not more than 100,000 yuan.
Processing results
The illegal behavior of the party concerned is a general circumstance and violates Article 17 of the 'Import and Export Commodity Inspection Law of the People's Republic of China' and Article 29, paragraph 2, of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China', and shall be subject to administrative penalties in accordance with Article 50, paragraph 1, of the 'Import and Export Commodity Inspection Law of the People's Republic of China Implementation Regulations'.
Explaining the law with cases·Interpretation of questions and answers
What are dangerous goods?
According to the 'Classification and Name Number of Dangerous Goods' (GB 6944-2025), dangerous goods refer to substances and items that have dangerous properties such as explosive, flammable, poisonous, infectious, corrosive, radioactive, etc., and that during transportation, storage, production, operation, use and disposal, may easily cause personal casualties, property damage or environmental pollution and require special protection.
What is dangerous goods packaging?
Dangerous goods packaging refers to packaging containers for dangerous goods, which usually include conventional packaging containers, medium bulk containers, large packages, etc. with a maximum capacity of no more than 450L and a net weight of no more than 400kg. Also included are portable tanks and multi-element gas containers, gas nebulizers and small gas containers.
What are the main contents of the customs inspection and supervision of export dangerous goods packaging?
(1) Code management of export dangerous goods packaging production enterprises
Export dangerous goods packaging production enterprises must apply for a code to the customs. The 'Announcement on Adjusting the Production Enterprise Code of Export Dangerous Goods Packaging' stipulates that export dangerous goods packaging should bear the dangerous goods packaging mark specified by the United Nations, and the mark should include the production enterprise code. The production enterprise code consists of the uppercase English letter C (representing 'Customs') and six Arabic digits. The first two Arabic digits represent the direct customs code of the area where the enterprise is located, and the last four Arabic digits 0001-9999 represent the production enterprise.
(2) Performance inspection of packaging of dangerous goods for export
Customs implements a model that combines periodic inspections and quality spot checks for packaging performance inspection of export dangerous goods. During the performance inspection cycle, the dangerous goods packaging manufacturer can fill in the outbound cargo transportation packaging inspection application form, and at the same time submit the factory inspection results sheet, the processing contract or ordering agreement between the packaging container manufacturer and the user unit and other information to the local customs. After customs inspection passes the inspection, a performance inspection result sheet for the packaging performance of the entry-exit goods will be issued.
(3) Appraisal of the use of packaging containers for export dangerous goods
Manufacturing enterprises that export dangerous goods shall apply to the customs office of the place of origin for identification of the use of dangerous goods packaging containers. Dangerous goods using unidentified or unqualified packaging containers shall not be exported.
Manufacturers or their agents that export dangerous goods should provide the local customs with the entry and exit goods packaging performance inspection results sheet, factory inspection sheet and other information. Customs shall inspect whether the use of dangerous goods packaging can meet the requirements for transporting dangerous goods in accordance with the relevant rules of the corresponding transportation forms, such as the International Maritime Dangerous Goods Regulations and the International Railway Dangerous Goods Regulations. After passing the inspection by the customs, an 'Outbound Dangerous Goods Transport Packaging Use Appraisal Result' will be issued. The freight department will accept and arrange consignment based on the 'Outbound Dangerous Goods Transport Packaging Use Appraisal Result' issued by the customs.
02 Case 2: Export of dangerous chemicals was not declared in accordance with the law and unidentified export dangerous goods packaging containers were used
Case introduction
When the customs inspected a shipment of export goods declared as 'acrylic ester polymer', they found that the outer packaging of the goods had a dangerous goods label and the words 'acrylic resin' printed on it, but the company did not declare acrylic resin. After identification, the undeclared goods were indeed acrylic resin, which belonged to the hazardous chemicals and Category 3 dangerous goods (flammable liquids) listed in the 'Catalogue of Hazardous Chemicals' (2015 Edition). The party concerned was unable to provide the 'Outbound Dangerous Goods Transport Packaging Use Appraisal Result Sheet'. The above-mentioned behavior of the parties has constituted the illegal act of failing to declare export hazardous chemicals in accordance with the law and using unidentified packaging containers for export dangerous goods .
Law applies
Article 7, paragraph 1, item 9 of the 'Hazardous Chemicals Safety Law of the People's Republic of China' stipulates that the relevant departments that implement safety supervision and management of the production, storage, use, operation, and transportation of hazardous chemicals shall perform their duties in accordance with the following provisions... (9) Customs is responsible for inspecting imported and exported hazardous chemicals and their packaging in accordance with the law.
Item 3 of Article 6 of the 'Regulations on the Safety Management of Hazardous Chemicals' stipulates that the relevant departments that implement safety supervision and management of the production, storage, use, operation and transportation of hazardous chemicals shall perform their duties in accordance with the following provisions... (3) The quality supervision, inspection and quarantine department is responsible for issuing industrial product production licenses for manufacturers of hazardous chemicals and their packaging and containers (excluding fixed large storage tanks for storing hazardous chemicals), supervising the quality of their products in accordance with the law, and responsible for inspecting imported and exported hazardous chemicals and their packaging.
Article 4, Paragraph 1, of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China' stipulates that entry-exit inspection and quarantine agencies shall conduct inspections on import and export commodities listed in the catalog and other import and export commodities that are required by laws and administrative regulations to be inspected by entry-exit inspection and quarantine agencies.
Paragraph 1 of Article 24 of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China' stipulates that the consignor of export commodities subject to statutory inspection shall apply for inspection to the entry-exit inspection and quarantine agency with necessary documents such as contracts and relevant approval documents at the location and within the time limit specified by the General Administration of Customs. If the export commodities subject to statutory inspection have not been inspected or have failed to pass the inspection, they will not be allowed to be exported.
Article 43 of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China' stipulates that if export commodities that are subject to statutory inspection without inspection or inspection are exported without authorization, or export commodities that should apply for export verification but have not been applied for, the illegal gains shall be confiscated by the entry-exit inspection and quarantine agency, and a fine of not less than 5% but not more than 20% of the value of the commodity shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Processing results
The illegal behavior of the parties involved is a general case . According to the provisions of Article 7, Paragraph 1, Item 9 of the 'Hazardous Chemicals Safety Law of the People's Republic of China', Article 6, Item 3 of the 'Regulations on the Safety Management of Hazardous Chemicals', and Article 4, Paragraph 1 of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China', hazardous chemicals are import and export commodities subject to statutory inspection. The party's unauthorized export of export commodities subject to statutory inspection without reporting for inspection violates the provisions of Article 24, Paragraph 1, of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China' and shall be punished in accordance with the provisions of Article 43 of the 'Regulations on the Implementation of the Import and Export Commodity Inspection Law of the People's Republic of China'. The party's use of unidentified export dangerous goods packaging containers violates the provisions of Article 17 of the 'Import and Export Commodity Inspection Law of the People's Republic of China' and the provisions of Article 29, paragraph 2, of the 'Import and Export Commodity Inspection Law of the People's Republic of China Implementation Regulations', and shall be subject to administrative penalties in accordance with the provisions of Article 50, paragraph 1, of the 'Import and Export Commodity Inspection Law of the People's Republic of China Implementation Regulations'.
Explaining the law with cases·Interpretation of questions and answers
What are hazardous chemicals?
According to Article 3, Paragraph 1 of the 'Hazardous Chemicals Safety Law of the People's Republic of China', hazardous chemicals refer to highly toxic chemicals and other chemicals that are toxic, corrosive, explosive, combustible, and combustion-supporting, and are harmful to the human body, facilities, and the ecological environment.
What requirements should hazardous chemicals import and export enterprises ensure that hazardous chemicals meet?
Enterprises importing and exporting hazardous chemicals shall ensure that hazardous chemicals comply with the following requirements: (1) The mandatory requirements of my country’s national technical specifications (applicable to imported products); (2) Relevant international conventions, international rules, treaties, agreements, protocols, memorandums, etc.; (3) Technical regulations and standards of the importing country or region (applicable to export products); (4) Technical specifications and standards designated by the General Administration of Customs and the former General Administration of Quality Supervision, Inspection and Quarantine.
When exporting goods that are both dangerous chemicals and dangerous goods, what should you pay attention to when applying for inspection from the customs?
When the consignor or his agent exporting hazardous chemicals applies to the customs for inspection, he shall provide (1) 'Declaration of Conformity of Exported Hazardous Chemicals Production Enterprises'; (2) 'Outbound Goods Transport Packaging Performance Inspection Result Sheet' (except for bulk products and those exempted from the use of dangerous goods packaging by international regulations); (3) Hazardous Characteristics Classification Identification Report; (4) Samples of hazard disclosure labels (except bulk products) and safety data sheets. If the samples are in foreign languages, corresponding Chinese translations should be provided; (5) For products that require the addition of inhibitors or stabilizers, the name, quantity and other information of the actual added inhibitors or stabilizers should be provided.
If the export of hazardous chemicals involves controlled items stipulated in the 'Export Control Law of the People's Republic of China', it shall be implemented in accordance with the relevant laws, administrative regulations and rules on export control.
Compliance reminder
Hazardous Characteristics: Accurate identification. Dangerous chemicals and dangerous goods are different concepts. Relevant import and export companies should accurately determine the attributes of the goods before customs declaration. If they are not clear, they can conduct hazardous characteristics identification in advance.
Dangerous Goods: Packaging Must Be Aware of. To export dangerous goods, you must obtain the 'Outbound Dangerous Goods Transport Packaging Appraisal Result Sheet', and it is strictly prohibited to use packaging containers that have not been authenticated or have failed to pass the appraisal.
Hazardous chemicals: Report for inspection in accordance with the law. If the goods are listed in the 'Catalogue of Hazardous Chemicals', the name of the regulatory category (inspection and quarantine name) and the attributes of the goods must be declared as hazardous chemicals.
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