Toxic Chemicals Restricted To Be Imported/Exported

Updated in Jan 2014

While the import and export of some toxic chemicals in China are strictly prohibited(prohibited chemicals), some toxic chemicals are restricted, for example, chemicals in the “List of toxic chemicals severely restricted to be imported into or exported from People Republic of China (currently 162 chemicals updated in 2014). 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 by the notice of Registration of the Import and Export of Toxic Chemicals in China (MEP [2009] 113), which was replaced by MEP's order 22 -The Measures for Environmental Administration Registration of Hazardous Chemicals(2012).

Pursuant to MEP's order 22, companies which deal with import and/or export of those toxic chemicals need to register with the Chemical Registration Centre (CRC) of MEP and apply for relevant registration certificates or custom clearance notification. The list will be renamed as the list of hazardous chemicals severely restricted to be imported into or exported from China under MEP's order 22 in the future.

Those above toxic chemicals are highly likely existing hazardous chemicals, which require further registration with national registration center for chemicals(NRCC) of the State Administration of Work Safety(SAWS). Read more.

Roles and Obligations

Different actors in the supply chain have different obligations, which are listed in the table below:

Roles Definitions Obligations
Foreign exporter Foreign companies exporting toxic chemicals to China Apply for Registration Certificate for the Environmental Management on the Import of Toxic Chemicals
Domestic importer Domestic companies importing toxic chemicals to China Apply for Import Clearance Notification
Domestic exporter Domestic companies exporting toxic chemicals from China Apply for Export Clearance Notification

 

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.

Note 1:

The only criterion to determine whether registration is required for a mixture containing a substance on the list is to look at the HS code of the mixture. In the list, HS codes have also been assigned. If HS code is not listed, then registration is not required for the mixture. Sometimes, it is not so easy to determine the HS code of a complex mixture and different customs may have different manuals to refer to. Companies may consult CIRS if any assistance is needed.

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 MEP. Once the application is approved by MEP, a “Registration Certificate” will be issued by MEP 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 MEP. Once the application is approved by MEP, “Import Clearance Notification” will be issued by MEP 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 MEP. Once the application is approved by MEP, “Export Clearance Notification” will be issued by MEP 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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