Control on Paraquat Triggered Pesticide I&E Management Dispute in China

Inconsistency between the GAC and the MOA arises from not only the distinct opinion on the paraquat goods but the burdens on the Chinese producers laid by recent restrictions of the herbicide.

Recently in Beijing, officials from the China Ministry of Agriculture (MOA) and General Administration of Customs (GAC), and other industrial experts have discussed HS Code problems resulting from restrictions on the herbicide paraquat.
Late April, the MOA, MIIT and AQSIQ jointly published the Announcement No. 1745, which required that all the ai manufacturers shall add sufficient vomitories, odorants and colorants in their technical products.

China General Administration of Customs (GAC) has published a document in 2006, indicating that the 40% TC shall not be regarded as the "technical ingredient" category in its custom clearance as other contents such as vomitories, odorants and colorants were added to the products. They need to be classified as preparation goods in its custom clearance.

However, under China’s regulatory on pesticide importation and exportation, the importer/exporter shall first apply to the MOA for the “clearance notification on import/export of pesticide” with the HS CODE under the “Inventory of Management on the Import and Export of Pesticide”. The custom will check the HS Code on the clearance notification and then release the pesticide goods. The inventory was regularly and jointly published by the MOA and GAC, yet its latest publication made  this January indicated that the paraquat TC was sorted under the ai classification.

Inconsistency between the GAC and the MOA arises from not only the distinct opinion on the paraquat goods but the burdens on the Chinese producers laid by recent restrictions of  herbicide. The technical goods will enjoy a tax rebate of 9% while that of the preparation goods is 6%, that’s why the industry agrees more with the MOA.

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