No permission to import used mixture of oil to make animal feed

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In order to answer Kyodo Sojitz Feed Co., Ltd, the General Department of Customs has issued a document exchanging with the Ministry of Industry and Trade, Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development. Based on the opinions of the specialized ministries, the General Department of Customs has attempted to clarify this kind of merchandise according to Circular No. 14/2015 / TT-BTC of the Ministry of Finance on the guideline for classification of goods, analysis to classify goods and analysis for quality control, food safety inspection and based on the List of export and import goods of Vietnam, issued together with Circular No. 103/2015 / TT-BTC of the Ministry Finance.

However, about the recent commodity regulation, as defined in Paragraph 6 of Article 3 of Law No. 55/2014/QH13 dated 23-6-2014 of the National Assembly on environmental protection, that “Scrap is a material that is recovered, classified, and selected, product that has been removed from the process of production or consumption for use as raw materials for other production processes". Therefore, the merchandise that the company planned to import is used oil mixture or animal fat or vegetable oil to that can make into animal feed is classified as scrap.

Based on Paragraph 1 of Article 5 of Decree 187/2013/ND-CP dated 20-11-2013 of the Government regulation details the implementation of Commercial Law regarding activities of international trade of goods and trade agency activities, processing and transit of goods with foreign countries and the list of goods banned from import issued with Decree No. 187/2013 / ND-CP of the Government dated 20-11-2013, defined in Annex 1, No.10, Section II (goods banned from import); Decision No.73/2014 / QD-TTg of the Prime Minister defined a list of scrap permitted imports from foreign producers of raw materials; Article 9 of Circular No.41/2015/TT-BTNMT of the Ministry of Natural Resources and Environment on environmental protection on importing scrap as raw material production, the commodities which the Company expected to import is not classified as the category of animal feed that are allowed to circulate in Vietnam.

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For such reason the merchandise is classified as used oil mixture from animal fats and fats or vegetable oil to make into animal feed cannot be imported into the Vietnam domestic market.

The General Department of Customs has informed, in the case that the company wanted to import this kind of merchandise, then the merchandise has to be in the category of scrap that can be imported from foreign countries as raw materials for production in accordance with Decision No. 73/2014 /QD-TTg of the Prime Minister specified list of scrap permitted imports from foreign producers of raw materials and the company must register circulative procedures as defined in the Circular No. 50/2014/TT-BNN of the Ministry of Agriculture and rural Development.