Detailed Rules for the Administration of Domestic Electronic Cigarette Import an
Date:2023-03-14 09:25:33 Classification
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Customs declaration procedures for the export of electronic cigarettes, including the outer packaging, instructions, cigarette oil, filter, etc. of electronic cigarettes. At the same time, the General Administration of Customs also requires enterprises to provide relevant certification materials such as electronic cigarette production license, tobacco monopoly retail license, import tobacco monopoly license, etc. In addition, the customs also requires enterprises to indicate the product name, model, specification, production date, shelf life and other information on the product packaging. If there is no such information, you will face fines, confiscation of illegal income and other penalties.
Detailed Rules for the Administration of Electronic Cigarette Import and Export Trade and Foreign Economic and Technical Cooperation
Chapter I General Provisions
Article 1 In order to strengthen the management of electronic cigarettes, regulate the import and export trade and foreign economic and technical cooperation of electronic cigarette products, aerosols, nicotine for electronic cigarettes, etc. (hereinafter referred to as electronic cigarette products and raw materials), in accordance with such laws, regulations and normative documents as the Tobacco Monopoly Law of the People's Republic of China, the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, and the Measures for the Administration of Electronic Cigarettes (Announcement No. 1 of the National Tobacco Monopoly Administration, 2022), The Rules are formulated.
Article 2 These Rules shall apply to the import and export trade of electronic cigarette products and raw materials, foreign economic and technological cooperation, and related supervision and management activities within the territory of China.
Article 3 The State Tobacco Monopoly Administration shall, in accordance with laws and regulations, relevant administrative provisions and these Rules, supervise and manage the import and export trade and foreign economic and technological cooperation of electronic tobacco products and raw materials in China. The provincial tobacco monopoly bureaus (including Dalian and Shenzhen tobacco monopoly bureaus, the same below) are responsible for implementing the relevant administrative regulations and the relevant requirements of the National Tobacco Monopoly Administration, and supervising and managing the import and export trade and foreign economic and technological cooperation of electronic tobacco products and raw materials within their respective administrative areas.
Chapter II Import and Export Trade
Article 4 The imported electronic cigarette products shall be sold through the electronic cigarette trading management platform to the enterprises that hold the license for tobacco monopoly wholesale enterprises and have been approved by the State Tobacco Monopoly Administration to carry out the wholesale business of imported products (hereinafter referred to as import wholesale enterprises).
Article 5 Electronic cigarette retail business entities shall purchase imported electronic cigarette products from import wholesale enterprises through electronic cigarette transaction management platform.
Article 6 The electronic cigarette production enterprises and the electronic cigarette brand holding enterprises shall purchase the imported electronic cigarette raw materials for their own use, and the aerosol production enterprises shall purchase the imported electronic cigarette nicotine for their own use from the enterprises that meet the requirements through the electronic cigarette trading management platform.
If the electronic cigarette processing enterprise purchases imported aerosol for production, it shall be regarded as the electronic cigarette product manufacturer for management.
Article 7 When imported e-cigarette products and raw materials are traded through the e-cigarette trading management platform, the provisions of the State Tobacco Monopoly Administration on import demand shall be strictly implemented.
Article 8 Before the first import of electronic cigarette products after the implementation of these Rules, the brand holder of the product or its entrusted agency shall apply for technical review in accordance with the Administrative Measures for Electronic Cigarette and relevant regulations.
The imported electronic cigarette products sold in China shall pass the technical review and use the trademark approved and registered in China.
Article 9 Imported electronic cigarette products shall be subject to commodity inspection in accordance with the relevant provisions of the State.
Article 10 Imported e-cigarette products shall be marked with the words "only for sale in China" on the boxes and boxes, and shall comply with the relevant requirements of the National Tobacco Monopoly Administration's e-cigarette product traceability system.
Article 11 E-Cigarette production enterprises (including product production, agent processing, brand holding enterprises, etc.), aerosol production enterprises and nicotine production enterprises for e-cigarette (hereinafter referred to as e-cigarette related production enterprises) shall produce e-cigarette products and raw materials for export within the approved license scope and export production scale.
For the overseas order demand exceeding the approved export production scale, the enterprise can organize relevant production and sales after performing the filing procedure on the electronic cigarette trading management platform in accordance with the relevant provisions of the State Tobacco Monopoly Administration.
Article 12 The electronic cigarette manufacturers shall strengthen the management of the electronic cigarette products and raw materials produced and exported, be responsible for the relevant flow direction, and complete the export filing on the electronic cigarette transaction management platform within 30 days after the export declaration.
Article 13 Electronic cigarette products used for export shall comply with the laws, regulations and standards of the destination country or region; If the destination country or region has no relevant laws, regulations and standards, it shall comply with the relevant requirements of the relevant laws, regulations and standards of China.
Electronic cigarette manufacturers should strengthen the quality management and intellectual property protection of the electronic cigarette products and raw materials produced and exported, and establish a good image of Chinese manufacturing in the international market.
Article 14 The relevant production enterprises of electronic cigarettes shall strictly implement the requirements of the State Tobacco Monopoly Administration on the export packaging of electronic cigarettes. The box and box packaging of the exported e-cigarette products shall be marked with the license number of the relevant tobacco monopoly production enterprise. Among them, the box and box packaging of the exported e-cigarette products entrusted for processing shall be marked with the license number of the tobacco monopoly production enterprise of the entrusted e-cigarette production enterprise.
Article 15 Enterprises engaged in the import and export of electronic cigarette products and raw materials in China shall submit the import and export data of the previous year to the State Tobacco Monopoly Administration before the end of March of each year.
Each provincial tobacco monopoly bureau shall cooperate with the relevant competent departments to strengthen the statistics of the import and export information of e-cigarette products and raw materials, and submit the actual customs declaration data of the import and export of e-cigarette products and raw materials within its administrative area to the National Tobacco Monopoly Bureau on an annual basis.
Chapter III Foreign Investment
Article 16 The establishment of foreign-invested e-cigareth-related production enterprises shall go through the examination and approval procedures in accordance with the relevant administrative provisions of the State Tobacco Monopoly Administration.
Article 17 A foreign-invested e-cigarette enterprise that has held a tobacco monopoly license, whose equity, shares, property shares or other similar rights and interests have changed, and submits a change report in accordance with the Measures for the Reporting of Information on Foreign Investment (Order No. 2 of the Ministry of Commerce and the State Administration of Market Supervision, 2019), Apply for the change of tobacco monopoly license or reapplication of tobacco monopoly license in accordance with the provisions of the State Tobacco Monopoly Administration on the administration of tobacco monopoly license.
Article 18 Foreign invested new electronic cigarette products and raw material production projects can be established in accordance with the relevant provisions of the State only after being examined and approved by the State Tobacco Monopoly Bureau, and shall comply with the provisions of the State Tobacco Monopoly Bureau on the management of electronic cigarette fixed assets investment.
Article 19 In accordance with the national policies and regulations on foreign investment, foreign investment in the wholesale and retail of electronic cigarettes is prohibited.
Article 20 The government agencies, enterprises, social organizations and the public related to foreign-invested e-cigarettes may, in accordance with the provisions of the Law of the People's Republic of China on Foreign Investment and the Measures for the Safety Review of Foreign Investment (Decree No. 37 of the Ministry of Commerce of the Development and Reform Commission in 2020), put forward suggestions for the safety review of foreign investment to the relevant departments, and the State Tobacco Monopoly Administration shall provide necessary assistance according to law.
Article 21 The tobacco monopoly bureaus at all levels shall establish and improve the information archives of foreign-invested e-cigareth-related production enterprises in their respective administrative areas, and carry out information sharing with relevant departments. Relevant information shall include:
(1) Basic information: enterprise name, business scope, legal representative, address, etc; (2) Investment information: registered capital, method of contribution, registered currency, actual controller, investors and the amount of contribution subscribed by investors, and payment period of registered capital; (3) Change information: separation, merger, cancellation, change of equity, change of foreign investor's controlling or relative controlling position, etc; (4) Other necessary enterprise information.
Chapter IV Technical Cooperation and Cross-border Service Trade
Article 22 The State Tobacco Monopoly Administration shall cooperate with the relevant departments to strengthen the supervision and administration of the import and export of electronic cigarette related technologies.
Article 23 According to the national policies and regulations on cross-border service trade, overseas service providers are prohibited from engaging in the wholesale, retail, import and export of e-cigarettes in China.
Article 24 Electronic cigarette manufacturers shall provide electronic cigarette products processing services for foreign enterprises in the comprehensive bonded area and other special customs supervision areas, and the local tobacco monopoly bureau shall cooperate with the relevant competent departments to provide necessary assistance.
Article 25 If the electronic cigarette products and raw materials imported by the electronic cigarette manufacturers in bonded way have been subject to the customs supervision, and the finished products have been exported and reported for approval at the customs, the relevant information of the imported electronic cigarette products and raw materials shall be filed on the national unified electronic cigarette transaction management platform.
Chapter V Supplementary Provisions
Article 26 The State Tobacco Monopoly Administration shall be responsible for the interpretation of these Rules.
Article 27 These Rules shall come into force as of the date of issuance.