Nanchang Hexie Textile Co., Ltd. Was Punished By Administrative Penalty In Violation Of Customs Regulations.

In March 3, 2020, the Shenzhen Customs issued the decision on the administrative penalty of People's Republic of China Shekou customs [2020] 0005.

In November 22, 2019, the Nanchang and Hexi Textile Co., Ltd. commissioned the Shenzhen Huayi International Freight Forwarding Co., Ltd. to declare the export goods to the customs in general trade mode: woven cloth 55860 meters. The number of customs declaration is: 530420190046280560, cabinet number: TEMU2401435. In November 24th, customs inspection found that the quantity of goods examined was not in conformity with the declaration. The actual export shuttle weaving was 20000 meters, and the rest was consistent with the declaration. Other undeclared goods: 1, 120 kilograms of paper bags, should be classified as commodity code 4819400000, 2, plastic bag 80 kilograms, should be classified as commodity code 3923290000, 3, and display platform 2, should be classified as commodity code 9403200000,4, welcome column 2, should be classified as commodity code 7308900000,5, hanger 130 kg, should be classified as commodity code 3926400000. 6, dust-proof bag 95 kg, should be classified as commodity code 4202920000,7, stainless steel rack 50 kg, should be classified as commodity code 7308900000,8, plastic mold 2, should be included in the commodity code 9618000090. The violation of the above declaration by the parties violates the customs regulations and affects the export tax rebate management of the state.

The above acts are: evidence of export declaration, record of receipt, inspection (inspection), customs cargo inspection record sheet, explanation report, packing list, contract, invoice, etc.

To sum up, the facts of the case are clear and the evidence is indeed sufficient. According to the eighty-sixth (three) items of the Customs Law of the People's Republic of China and the fifteenth (five) provisions of the People's Republic of China customs administrative punishment regulations, the Shekou customs decides to impose the following administrative penalties on the parties: the penalty is 31 thousand and 900 yuan.

The parties shall, within 15 days from the date of service of the penalty decision, perform the above penalty decision in accordance with the provisions of the forty-fourth, forty-sixth and forty-eighth provisions of the administrative penalty law of the People's Republic of China.

If a party refuses to accept the decision of this punishment, he may apply for administrative reconsideration to the customs of People's Republic of China within 60 days from the date of service of the penalty decision in accordance with the ninth and twelfth articles of the administrative reconsideration law of the People's Republic of China and the forty-sixth provision of the administrative procedure law of the People's Republic of China, or 6 of the date on which the penalty decision is delivered. Within a month, he will prosecute directly to the intermediate people's Court of Shenzhen.

According to the fifty-first provision of the administrative penalty law of the People's Republic of China, a fine of three percent of the fine may be imposed daily if the penalty is not paid.

According to the ninety-third provision of the Customs Law of the People's Republic of China and the sixtieth provision of the administrative regulations for the implementation of Customs in People's Republic of China, if the parties fail to carry out the decision of penalty within the time limit and do not apply for reconsideration or bring a lawsuit to the people's court, the customs may pay the goods, articles or conveyances that have been detained in accordance with the law, or pay the security provided by the parties. It can also apply for enforcement by the people's court.