Warning of new violations in importing laughing gas

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Customs officers searchthe container in question at ThienPhu Van Trade and Import-Export Company Limited at Dinh Vu port, Hai Phong in December 2019. Photo: T.B

Strengthen control from imported sources

N2O gas is legally used in industry, but is being abused by young people, causing social disturbances and affecting public health and security.

However, according to current regulations of domestic law and international practices, N2O substances have not been able tobe listedas narcotic substances and precursors.

Therefore, in order to strictly control to ensure this item is used for the right purpose, after reaching an agreement with the competent authorities, the General Department of Customs has issued many documents to direct the local customs departments to strengthen management during import procedures.

Notably, on December 9, 2019, the General Department of Customs issued Document 7619 / TCHQ-GSQL directing the local customs departments to strengthen the management of laughing gas products.

Accordingly, based on the opinion of the Ministry of Industry and Trade (Department of Chemicals), the General Department of Customs requires local customs departments to direct customs sub-departments when carrying out import procedures for chemical goods on the list. The list of chemicals restricted from production and business in the industrial sector is included in Appendix II of Decree No. 113/2017 / ND-CP of October 9, 2017, of the Government (including Dinitrogen monoxide – chemical formula N2O), it is required that the customs declarant presents the license of producing and trading in chemicals restricted from production and trading granted by the Ministry of Industry and Trade as a basis for goods clearance.

Many new violations

Facing strong measures of Customs and authorities, many importers of laughing gashave sought to cope. Recently, Hai Phong Customs has participated in detecting and handling a number of violations.

At the end of December 2019, ThienPhu Van Trading and Import-Export Company Limited (based in Vinh Phuc) opened an import declaration at Dinh Vu Port Customs Branch (Customs Department of Hai Phong Customs). The goods declared are 40-liter steel cylinders used for industrial gas (empty without goods), 100 percent is new goods made in China with 840 units in two containers.

However, the Customs forces discovered many steel tanks containing gas (not empty as declared by the enterprise).

Search results of both containers have 800 cylinders, of which up to 440 gas cylinders according to the enterprise's declaration of N2O gas. Each container contains 24kg, the total weight of laughing gaswithout customs declaration is over 10.5 tons, estimated value of more than VND800 million.

"To avoiding being detected by the functional forces and legalizing the amount of smuggled laughing gas, the enterprise claims to increase the weight of the cylinder compared to the reality by adding the weight of 24kg of laughing gas to the weight of the cylinder shell," a public servant directly involved in handling thecases said.

Talking to a reporter on the morning of March 2, 2020, a civil servant of Hai Phong Customs Control Team said that the case is continuing to be verified and clarified.

According to the representative of Hai Phong Customs Department, another tactic is that the business importslaughing gas with the shipment containing another gas. Recently, Hai Phong Customs Department has thoroughly cleared such a case.

Specifically, at the end of December 2019, interdisciplinary forces, including Customs Control Team (Hai Phong Customs Department), Police Department of Environmental Crime Prevention and Control (Hai Phong City Police), Administration Department Hai Phong market coordinated to search the warehouse of TBcom Vietnam Co., Ltd. (An Duong district, Hai Phong).

This address is also the warehouse and headquarters of Duy Nam Import and Export Co., Ltd. Remarkably, both companies are ledby Nguyen Van Duy and are legal representatives.

According to the investigation, Duy Nam Import and Export Co., Ltd. imported 370 air tanks (100% new, 24kg per bottle), withgoods declared as CO2. Goods have not yet cleared from customs procedures and delivered to enterprises for storage. However, according to the inspection results, in fact, goods have 200 liquefied N2O gas bottles, equivalent to 4,800 kg (4.8 tons) of gas and 170 bottles of CO2 gas.

In particular, although the goods have not been cleared, Nguyen Van Duy has arbitrarily sold 147 laughing gas canistersfor $88.5 per bottle (minus $35/bottle under the contract). Thus, the total value of infringing goods is $17,700 ($88.5 x 200 average), equivalent to about VND400 million.

After the investigation process,the Investigation Police Department (Hai Phong City Police) issued a decision to prosecute a criminal case of smuggling at Duy Nam Import Export Co., Ltd.