Ho Chi Minh City Customs Department said that the shipment of 384 tons of "Raw unshelled cashew nuts, Tanzania origin" originating from abroad brought into the bonded warehouse according to the import declaration dated February 26, 2024 was registered for plant quarantine on February 25, 2024 and was granted a certificate of plant quarantine results on February 26, 2024.
The importing enterprise has carried out plant quarantine registration procedures at the Plant Quarantine Sub-Department of Region II for the registered shipment according to declaration form 106285695500/E31 and received feedback on the system "Goods imported from bonded warehouses do not need to go through plant quarantine procedures".
However, the above shipment has not yet completed import procedures due to some customs procedures.
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| Nearly 400 tons of imported raw cashews stuck in quarantine - Illustrative photo. |
Specifically, according to Clause 10, Article 3 of the Customs Law No. 54/2014/QH13 dated June 23, 2014, it is stipulated that: “A bonded warehouse is a warehouse or yard area for storing goods that have completed customs procedures and are sent for export; goods brought from abroad and sent for export abroad or imported into Vietnam.”
Customs procedures for goods brought into and out of bonded warehouses in Clause 2, Article 88 of Decree No. 08/2015/ND-CP dated April 20, 2018 of the Government stipulate: “For goods brought from bonded warehouses abroad or brought into the domestic market or non-tariff zones, the owner or the person authorized by the owner must declare information about the goods leaving the bonded warehouse with the customs branch managing the bonded warehouse. In case of import into the Vietnamese market, customs procedures must be carried out as for goods imported from abroad according to the corresponding import type; the time of actual import of goods is the time when the customs authority confirms that the goods are taken out of the bonded warehouse. Goods sent to bonded warehouses that are subject to compulsory re-export according to the decision of the competent state management agency are not allowed to be imported back into the Vietnamese market”.
In addition, according to the provisions of Appendix II, Circular No. 01/2024/TT-BNNPTNT dated February 2, 2024 of the Ministry of Agriculture and Rural Development , the goods "unshelled cashew nuts, HS code 08013100; shelled cashew nuts, HS code 08013200" are subject to specialized inspection before customs clearance and are under the state management authority of the Ministry of Agriculture and Rural Development (Plant Quarantine).
Therefore, the Customs authority believes that cashew nuts when carrying out import procedures under the type of production for export to Vietnam from bonded warehouses must carry out import customs procedures and be subject to plant quarantine management before customs clearance by the Ministry of Agriculture and Rural Development.
According to the Ho Chi Minh City Customs Department, previously, for all shipments of cashew nuts imported from bonded warehouses, businesses had to register for plant quarantine and were granted plant quarantine certificates for import, transit and domestic transportation from the Plant Quarantine Sub-Department of Region II. The Customs agency cleared the shipment after receiving a certificate of quarantine results stating that "no plant quarantine objects or objects subject to control in Vietnam were detected".
Regarding this problem, the Plant Quarantine Sub-Department of Region II commented in Official Dispatch No. 130/KD2-PN dated May 17, 2024 to the Customs Sub-Department managing processed goods for coordination as follows: “Objects subject to plant quarantine shall only be cleared after completing all import plant quarantine procedures. The order and procedures for plant quarantine shall be implemented in accordance with the provisions of Article 33 of this Law.”
The above shipment of 384 tons of cashew nuts of the enterprise has completed import plant quarantine procedures at the first border gate (Hiep Phuoc Port), submitted a plant quarantine certificate issued by the exporting country according to the provisions of Circular 33/20214/TT-BNNPTNT. The Plant Quarantine Sub-Department of Region II has issued a Plant Quarantine Certificate for Import, Transit and Domestic Transport No. 9917/240201/KDTV dated March 4, 2024.
The Plant Quarantine Sub-Department of Region II also stated that in the case where the shipment has completed the plant quarantine procedures at the border gate and then brought into a bonded warehouse, the implementation of plant quarantine procedures for import from the bonded warehouse to the domestic market in this case is not sufficient to implement because it does not meet the provisions of Point a, Clause 1, Article 26 of the Law on Plant Protection and Quarantine, which stipulates objects subject to imported plant quarantine. The plant quarantine certificate issued by the competent plant quarantine authority of the exporting country to the enterprise has been submitted when completing the procedures for granting the Certificate when the enterprise imports.
From the above contents, Ho Chi Minh City Customs Department encountered a problem, "For goods that are objects subject to plant quarantine, when imported into the domestic market from a bonded warehouse originating from abroad into a bonded warehouse according to the C11 declaration form that has been quarantined and has been granted a quarantine certificate that meets import quarantine conditions at the time of being brought from abroad into the bonded warehouse, is it necessary to register for plant quarantine procedures when the enterprise carries out further import procedures into the domestic market according to the type of import for production and export (E31)?".
Currently, Ho Chi Minh City Customs Department has reported the above problem to the General Department of Customs.
Source: https://congthuong.vn/tp-ho-chi-minh-gan-400-tan-hat-dieu-nhap-khau-vuong-kiem-dich-327082.html
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