Attention! Issues regarding endangered species in cosmetics import and export

In theimport and exportIn trade, it is not uncommon for commodities involving endangered species to be punished, especially in theCosmetics & Personal Carefield. Since the raw materials of products involve endangered species, they are often investigated by the customs for failing to provide certificates of permission for import and export or species certificates in accordance with laws and regulations.

[Case 1]

On March 5, 2021, Shanghai Customs seized a batch of cosmetics containing the ingredient of the endangered wild animal sturgeon. The batch of goods was declared for export by a Shanghai - based company, with the declared product name a certain brands moisturizing and soothing caviar concentrated essence mask, and the quantity was 4,290 pieces. This product contains sturgeon caviar extract. Sturgeon has been listed in the Appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Relevant cosmetics enterprises should submit a certificate of permission for the export of endangered species. The party involved was placed on file for investigation by the anti - smuggling department of Shanghai Customs for suspected false declaration of the tariff number of the goods for export filing, which affected the supervision of license documents.

[Case 2]

On May 12, 2021, a batch of imported cosmetics entered the country at Huanggang Port. The first item in this batch of cosmetics contained ginseng ingredients, which belong to the species listed in the Appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The enterprise could not provide the Certificate of Permission for the Import of Endangered Species nor the Certificate of Non - Species. As a result, it was seized by the customs. The dutiable value in the customs declaration form was 126,000 yuan, and a fine of 14,400 yuan was imposed for this administrative penalty.

Basis for administrative penalty: As stipulated in Article 15 (3) of the Regulations of the Peoples Republic of China on the Implementation of Customs Administrative Penalties, for those that affect the management of international license documents, a fine of not less than 5% but not more than 30% of the value of the goods shall be imposed.

When engaging in import and export trade, it is necessary to pay attention to whether the goods contain endangered wild animals, plants, and their products and handle the corresponding license documents to avoid unnecessary economic and time losses and even bear corresponding legal responsibilities.

For cosmetics known to contain the following ingredients in import, please consult for certification:

Ginseng, Ginkgo, Wild Soybean, Sturgeon, Bletilla striata, Cactus, Candelilla Wax (Euphorbia cerifera), Cordyceps, Aloe, etc.!