Tuesday, March 8, 2011

Registration of the Import/Export of Toxic Chemicals in China

China’s existing chemicals management regulations only cover toxic chemicals, which are listed in the “List of toxic chemicals severely restricted to be imported into or exported from People Republic of China” The Chinese government released the Provisions on the First Import of Chemicals and the Import and Export of Toxic Chemicals in 1994, which was amended several times years later. Companies which deal with import and/or export of those toxic chemicals need to register with the Chemical Registration Centre (CRC) and apply for relevant registration certificates or custom clearance notification.

Note 2015:  The registration of restricted toxic chemicals has been replaced by China MEP Order 22 issued in 2013. More info can be found in MEP order 22.

Foreign companies which export toxic chemicals (as listed) to China will need to apply for a Registration Certificate. One Registration Certificate is issued for only one type of toxic chemical, to only one foreign company with only one China domestic company as its trader; and each Registration Certificate is issued with a quantity limit and with a valid period of two years.

For every batch of goods introduced to China, the importer (China domestic company) shall apply for an Import Clearance Notification by providing a copy of the Registration Certificate obtained from its contract partner, i.e. a foreign company which exports goods to China.

Domestic companies shall apply for Export Clearance Notification for every batch of toxic chemicals before exporting those goods to other countries.

Application of a Registration Certificate
1. The foreign exporter shall prepare the following materials and submit those documents to CRC:

- Application form;
- Business contract or agreement (reflecting two years' trade information);
- Duplicate copy of Verification of Import/Export Right.


2. Registration fee $10,000 per certificate or equivalent RMB is acceptable.


3. CRC will conduct completeness and correctness check within 5 days from the receipt of all documents and application fee. A reference number will be allocated for each application and preliminary feedback will be given on CRC’s website.


4. CRC will review each application and provide the results from their basic processing to the SEPA. Once the application is approved by SEPA, a “Registration Certificate” will be issued by SEPA and distributed by CRC. If the application is denied, the applicants will be duly notified by CRC. The whole processing period is within 30 working days on the arrival of the completed application materials.



Application of Import Clearance Notification
1. The domestic importers shall submit following materials to CRC:

Application form;
Duplicate copy of “Registration certificate” obtained from the foreign business partner;
Original contract for every batch of goods;
Document to communicate information to downstream users;
Verification of Import/Export Right;


2. CRC will conduct completeness and correctness check within 5 days from the receipt of all documents. A reference number will be allocated for each application and preliminary feedback will be given on the CRC’s website.



3. CRC will review each application and provide details on the outcome of their basic processing to the SEPA. Once the application is approved by SEPA, “Import Clearance Notification” will be issued by SEPA and distributed by CRC. If the application is denied, the applicants will be duly notified by CRC. The whole processing period lasts no more than 20 working days from the arrival of the completed application materials.


Application of Export Clearance Notification
1. The domestic exporters shall prepare following materials for applying for Export Clearance Notification

- Application form;
- Original contract for every batch of goods;
- Document to communicate information to downstream users;
- Verification of Import/Export Right;


2. Special rules apply to some toxic chemicals, for example, arsenic and its compound products, sodium cyanide, mercury and it compound products, etc.


Rule (1): The supplier of Arsenic and its compound products should have been approved by local Environmental Protection Bureau to produce these products.


Rule (2): For DDT, Hexachlorobenzene, Sodium cyanide, Tetramethyllead, Tetraethyllead, Pentachlorophenol, Chlordane, Oxirane, and Hexachlorocycloh (BHC), Rule (1) is also applied. Pursuant to the “Prior Informed Consent (PIC) procedure”, a “Response Letter” from the import country’s designed national authority (DNA) is compulsory for the application.


Rule (3): Rule (1), (2) are also applied to Mercury and its compound products. In addition, the applicant should provide an “Opinion Letter” issued by local Environmental Protection Bureau.


3. CRC will conduct completeness and correctness check within 5 days of the receipt of all documents. A reference number will be allocated for each application and preliminary feedback will be given on CRC’s website.


4. CRC will review each application and give basic processing opinion to the SEPA. Once the application is approved by SEPA, “Export Clearance Notification” will be issued by SEPA and distributed by CRC. Otherwise, the applicants will be duly notified by CRC if the application is denied. The whole processing period lasts no more than 20 work days from the arrival of the completed application materials.

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