On July 5, the General Administration of Customs of P. R. China (GACC) issued the Announcement on the Implementation of the Commitment System of Imported Dairy Inspection Reports (GACC Announcement No. 50 [2021]). The commitment system is implemented from the date of issuance.
Announcement Interpretation
Q: It is said that there is no need to provide inspection reports for imported dairy products, right?
A: It is not correct. The GACC has implemented a notification and commitment system for imported dairy products inspection reports starting from July 5, 2021, and applicants can choose to replace the test report with a notification commitment.
It is also developed by the GACC to further deepen the reform of “decentralization, de-regulation, and service” and optimize the business environment, in accordance with the Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the Notification and Commitment System for Certification Items and Enterprise-related Business Licensing Items (General Office of the State Council No. 42 [2021]).
Q: Then how should the industry do for it?
A: Please have a deep look of the requirements
01 Scope of Application
Transact business of the import declaration of dairy products.
02 Basis for Transaction
Article 92 of the Food Safety Law of the People’s Republic of China: “...Imported foods and food additives shall be accompanied by qualified certification documents in accordance with the requirements of the national entry-exit inspection and quarantine department.”
Article 11 of the Administrative Measures on Inspection, Quarantine and Supervision of Imports and Exports of Dairy Products: “The importers of imported dairy products or its agent(s) shall declare inspection to the China Inspection and Quarantine at the customs of declaration, while providing materials as follows:
...
(iii) A test report of items listed in the corresponding national standards of food safety is required if the dairy is imported for the first time.
(iv) A copy of the test report when first-time imported, and a test report of items requested by GACC is required for the dairy that is not imported for the first time.”
03 Conditions of Commitment
The importers of imported dairy products or its agent(s) shall be a legal person established in accordance with the law and able to bear corresponding legal liability. If the applicant has a poor credit history or has made a false commitment, the notification and commitment system shall not be applied before the credit restoration.
04 Methods of Commitment
The applicant can choose to replace the test report with a notification commitment. If the applicant is unwilling or unable to make a commitment, he/she shall submit an imported dairy products inspection report in accordance with the law. If the applicant is willing to make a commitment, he/she shall submit the original notification commitment with the official seal of unit to the customs. The commitment must be made by the applicant and cannot be replaced to make by others.
05 Validity of Commitment
After the applicant makes a promise in writing indicating the conformity with the notified conditions and requirements and is willing to bear legal liability of false commitment, the customs will no longer ask for the inspection report when accepting the imported dairy product declaration but will transact related issues in accordance with the written commitment.
06 Liabilities for False Commitment
If the applicant makes a false commitment or the content of the commitment is not true, the customs will revoke related decision in accordance with the law. Its benefits obtained based on this notification commitment will not be protected, related imported dairy products inspection report shall be supplemented, and corresponding legal responsibilities arising therefrom shall be assumed. Credit disciplinary measures will be taken against such applicants, and they cannot apply for the notification commitment of certification items on imported dairy products inspection reports within one year. Administrative penalties shall be imposed in compliance with statutory conditions.
07 Procedures
(i) The applicant can download and print copies from the GACC web page or get the text of proof items notification commitment provided by the customs onsite. After carefully reading the notice and commitment, fill in basic information of the applicant, affix the official seal of the unit and fill in the date of application.
(ii) After review, the customs shall fill in the date with signature or seal if it meets the requirements for the notification commitment; if the commitment is found false or unqualified, it shall make a decision of rejection and inform the applicant in time. The customs shall handle related business in accordance with the content of notification commitment.
(iii) Under the premise of meeting conditions of commitment, you can freely choose to adopt notification commitment or submit inspection report to facilitate your declaration.
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