Announcement No. 57 [2018] of the General Administration of Customs—Announcement on Issuing the Detailed Rules for the Implementation of the Registration Administration of Domestic Consignees of Imported Solid Wastes That Can Be Used as Raw Materials

Announcement No. 57 [2018] of the General Administration of Customs—Announcement on Issuing the Detailed Rules for the Implementation of the Registration Administration of Domestic Consignees of Imported Solid Wastes That Can Be Used as Raw Materials Announcement of the General Administration of Customs of the people's Republic of China (No. 57 [2018]) According to the Measures for the Inspection, Quarantine, Supervision and Administration of Imported Solid Wastes That Can Be Used as Raw Materials , the General Administration of Customs formulated the Detailed Rules for the Implementation of the Registration Administration of Domestic Consignees of Imported Solid Wastes That Can Be Used as Raw Materials, which are hereby issued for effect as of August 1, 2018. The Detailed Rules for the Implementation of the Registration Administration of Domestic Consignees of Imported Solid Wastes That Can Be Used as Raw Materials (for Trial Implementation) (Issued by Announcement No. 91 [2009], former General Administration of Quality Supervision, Inspection and Quarantine) shall be repealed concurrently. If an enterprise that has been registered as a domestic consignee of imported solid wastes that can be used as raw materials specializes in the processing and utilization of wastes, it shall promptly apply to the customs directly under the General Administration of Customs in the place of industrial and commercial registration for a new certificate of registration; and if it specializes in trade, the registration shall automatically become without effect. General Administration of Customs June 15, 2018 Detailed Rules for the Implementation of the Registration Administration of Domestic Consignees of Imported Solid Wastes That Can Be Used as Raw Materials Chapter I General Provisions Article 1 For the purposes of strengthening and regulating the registration and supervisory administration of domestic consignees (hereinafter referred to as the “consignees”) of imported solid wastes that can be used as raw materials (hereinafter referred to as the “waste raw materials”), these Detailed Rules are developed according to the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection and the Measures for the Inspection, Quarantine, Supervision and Administration of Imported Solid Wastes That Can Be Used as Raw Materials . Article 2 These Detailed Rules shall apply to the registration and supervisory administration of consignees of imported waste raw materials. The registration administration of consignees shall include matters such as acceptance, examination, approval, and supervisory administration of registration. Article 3 The General Administration of Customs ("GACC") shall be responsible for the inspection, quarantine and supervisory administration of imported waste raw materials. The customs offices directly under the GACC shall be responsible for the acceptance, examination, approval, and supervisory administration of the applications for registration from consignees in their respective jurisdictions. Article 4 An enterprise applying for the registration of a consignee of imported waste raw materials shall first obtain register with the customs as a consignee and consignor of goods imports and exports. Article 5 A consignee shall carry out import and other activities in accordance with the scope of business as registered. The waste raw materials imported by the consignee shall be used for processing and utilization only by itself and shall not be delivered to any other entity, organization, or individuals in any manner. The consignee or an affiliate thereof may not engage in pre-shipment inspection of waste raw materials. Article 6 An applicant for consignee registration shall meet the following conditions: (1) A processing and utilization enterprise that can lawfully import goods. (2) Having a permanent office venue and corresponding infrastructure; and having radioactive detection equipment and testing capabilities. (3) Being familiar with and abiding by the laws, regulations, and relevant standards issued by China in relation to entry and exit inspection and quarantine, environmental protection, and solid waste management. (4) Having the measures and capabilities for environmental quality control, processing, and utilization of waste raw materials and having established a corresponding management system so as to ensure that the waste raw materials meet the mandatory requirements of the national technical specifications issued by China in relation to entry and exit inspection and quarantine, environmental protection, and solid waste management. Chapter II Acceptance Article 7 An applicant shall submit an application for registration through the regulatory system for inspection and quarantine of inbound goods and file the following written materials to the customs office directly under the GACC within 30 calendar days after successful online submission of the application for registration: (1) A registration application generated and printed through the application system (see Annex 1). (2) A written proof that the environmental protection authorities approve its engagement in the processing and utilization of imported solid wastes. Article 8 The customs offices directly under the GACC shall, according to the following cases, respectively process the applications for consignee registration submitted by applicants: (1) If the application materials are incomplete or not in the statutory form, the applicant shall be informed of all the supplements and corrections as required at a time on the spot, or within five days after receiving the written materials, and notified that the applicant makes a supplement or correction within 30 calendar days. If the applicant is not thus informed, acceptance shall be granted on the date of receipt of the application materials. (2) If the application materials are complete and in the statutory form, or the applicant submits all the supplements and corrections as required by the Customs in the statutory form, acceptance shall be granted. (3) If no supplements and corrections are made within the prescribed time limit, processing of the registration shall be terminated. (4) If no supplement or correction is made as required, or the application materials still do not meet the requirements of the statutory form after the supplement or correction, the application shall be rejected. Chapter III Examination and Approval Article 9 The customs offices directly under the GACC shall form an expert assessment team within ten days from the date of acceptance of an application to conduct a written assessment and on-site audit. Article 10 An examination shall be made by means of written assessment or on-site audit to verify the authenticity, validity, and consistency of application materials, inspect the validity of the in-house management and quality control measures of the consignee, and evaluate its capability of ensuring that its imported raw waste materials meet the requirements of the environmental protection control standards issued by China. Article 11 An assessment team shall be responsible for the written assessment of the written materials provided by the applicant and the on-site audit of the applicant if it is found to be qualified through written assessment. An assessment team shall be organized by the customs directly under the GACC in the place in which the consignee operates and composed of two to five persons, and may, according to the circumstances, invite the customs office directly under the GACC at the main import port to participate and, where it is necessary, employ relevant professionals to assist the on-site audit. The assessment shall be subject to the team leader responsibility system. The leader of an assessment team shall be responsible for the organization and coordination of the assessment. Article 12 Upon written assessment of the authenticity, validity, and consistency of the writ......