China Customs clarify many issues in new food import regulations

VCN - Order 248 on "Regulations on registration for enterprises producing imported foreign food" and Order 249 on "Measures to manage import and export food safety" of China will take effect from January 1, 2022. The General Administration of Customs of China has just answered and clarified some key queries of these Orders.
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From January 1, 2022, all foreign enterprises producing food for export to China must register with the General Administration of Customs of China. Photo: NT
From January 1, 2022, all foreign enterprises producing food for export to China must register with the General Administration of Customs of China. Photo: NT

Order 248 does not apply to commercial enterprises

On November 24, 2021, the ASEAN Secretariat held an online conference for the General Administration of Customs of China to introduce Regulations of Order 248 and Order 249 to all related associations and parties.

Talking to a reporter of Customs News after this event, Ngo Xuan Nam, Deputy Director of the Vietnam SPS Office (MARD) said the General China Customs Department had answered some key questions.

Accordingly, Order 248 only applies to processing, production and preservation enterprises, not to commercial enterprises.

Enterprises producing various types of products must register through a competent authority and a registration account will be issued by a competent authority of the exporting country. They must also request the competent authority to contact the General Administration of Customs of China for confirmation.

Before January 1, 2022, the competent authority of the country (the export area) can use two forms: Register on the website, singlewindow.cn, or follow the current method between the two parties. After January 1, 2022, businesses will be required to log in on the website (www.singlewindow.cn) of the General Administration of Customs of China to register.

If the competent authority of the exporting country and the General Administration of Customs of China have an agreement regarding the 18 types of products in the list mentioned in Article 7, Order 248, then the enterprise will register dossiers from January 1, 2022 and will be required to submit via the online system, the leader of SPS Vietnam Office stated.

No disruption to ASEAN-China trade

In the case of self-registered enterprises, Ngo Xuan Nam said, “the General Department of Customs of China stated that the technical dossiers required of enterprises registered include: Descriptions of technology, main production lines, raw materials used, origin of raw materials and the ingredient ratio.

Registration records of self-registered enterprises can be looked up on the registration link of the General Administration of Customs of China (using the registered name and account)

All records of enterprises when logging into the system are confidential. The registered account of the enterprise (account name, password) must be self-preserved and not shared to avoid information loss. The form for enterprise registration through the competent authority and the form for self-registration of enterprises can be done at the same time.

In addition, when registering a business, each product of each enterprise will be given a unique code. Enterprises with many products will be granted corresponding codes. One manufacturing factory will be used to register multiple products with the General Administration of Customs of China, multiple factories using one registration code will not be allowed.

Ngo Xuan Nam added, from January 1, 2022, when declaring customs procedures for export shipments, the dossier must include a code issued by the General Department of Customs of China. If the registration is not completed, the shipment will not be cleared.

Pursuant to Article 19, Order 248, when the legal representative of the registered enterprise/factory or the registration number is changed, then the form shall not be valid. Enterprises will have to adjust and submit new registration documents and documents, according to the registration process on the system.

After the new registration file is approved, the code previously issued at the General Administration of Customs of China will be automatically canceled.

Before the enterprise is issued a new registration code by the General Department of Customs of China, the enterprise shall make a new issuing code to declare customs clearance.

With the goal of not disrupting trade between ASEAN members, during the implementation of the 2 Orders, the General Administration of Customs of China will review the agricultural trade situation of the two sides to make reasonable arrangements. The General Administration of Customs of China requested relevant parties to complete the registration of enterprises by December 31, 2021.

“The SPS Vietnam office will continue to contact the General Department of Customs of China to respond quickly to enterprises and Vietnamese authorities in areas regarding: application forms, report forms, registration methods for raw seafood, information on technical parameters on seafood product labels, provision of accounts to Vietnamese competent authorities and unification of business registration codes”, Ngo Xuan Nam emphasized.

By Thanh Nguyen/ Huu Tuc

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