As cross-border trade continues to heat up, overseas second-hand car orders continue to grow. The export of second-hand cars requires export licenses, standardized declarations, and vehicle qualification verification. Many foreign trade companies have problems with customs clearance and administrative penalties due to erroneous classification, inconsistent certificates and goods, and omissions in declaration information.

This issue combines real regulatory penalty cases to sort out the compliance points of the entire process of used automobile export, helping companies avoid customs clearance risks and go to sea safely.

warning cases

Company A entrusted Company B to declare to Customs C for the export of 3 old pure electric small ordinary buses of a certain brand in China through general trade, with the product code of 8703603300 and the value of the goods is approximately US$130,000.

C Customs inspection found that the vehicles were actually "plug-in hybrid small ordinary buses" and should be classified as the commodity code 8703602300. The export license provided by the company was inconsistent with the actual vehicles.

Because Company A's false declaration affects customs statistics and the management of national licenses, the above-mentioned behaviors violate the provisions of Article 24 of the Customs Law of the People's Republic of China and Article 43 of the Regulations of the People's Republic of China on the Administration of Import and Export of Goods. The customs imposed administrative penalties on him in accordance with the provisions of Items 1 and 3 of Article 15 of the "Regulations of the People's Republic of China for the Implementation of Customs Administrative Punishments".

Required application materials for second-hand automobile export

When enterprises declare to the customs for exporting automobiles, they should submit the following materials:

▲ Export license: The export of second-hand cars also needs to apply for a license according to regulations, and the "one batch, one license" management is implemented. The validity period is 6 months, and the validity period expires on December 31 of the year.

▲ Basic documents: Import and export contracts, invoices, packing lists, bills of lading, power of attorney for customs declaration agents, etc. are required.

▲ Special documents: New energy vehicles may need to provide MSDS (Material Safety Data Sheet), UN38.3 test report, etc. Second-hand vehicles need to be accompanied by vehicle condition test report, transfer information, Motor Vehicle Registration Certificate, etc.

Core precautions for applying for export licenses

Article 43 of the Regulations of the People's Republic of China on the Administration of Import and Export of Goods stipulates:

For export restricted goods subject to license management, the exporter shall apply to the competent foreign trade department of the State Council or the relevant departments of the State Council (hereinafter referred to as the export license management department). The export license management department shall decide whether to license or not within 30 days from the date of receiving the application.

Export operators shall go through customs declaration, inspection and release procedures with the customs on the strength of the export license issued by the export license management department.

Enterprises must meet the following conditions when applying for an Export License from the export license management department:

▲ Enterprises that carry out automobile export business must have legal business qualifications, and second-hand automobile export enterprises must also meet the access standards of local authorities and be filed.

▲ The export license application information must be consistent with the information of the Motor Vehicle Registration Certificate, and the registration date, transfer registration date, etc. must be completely and accurately filled in the license schedule.

▲ The commodity code of the export license should be consistent with the actual situation. Different vehicle types, different exhaust volumes, and different engine types have different commodity codes. When applying, the correct commodity code of the vehicle must be filled in.

Issues to be paid attention to in export declaration of used cars

There are 7 required elements for customs clearance declaration, and fill in the key points for pit avoidance:

1. Vehicle brand and model;

2. Engine type (such as diesel, gasoline, electric motor, etc.);

3. Number of seats;

4. Indicate the complete set of accessories;

5. Whether it is a middle-sized vehicle;

6. Old and new level;

7. Battery capacity.

▲ In particular, pay attention to the consistency of the product code, engine type, model number, etc. with the content of the export license. The vehicle identification code (VIN code) must be accurate. Pay attention to the distinction between the letter "O" and the number "0", and the letter "I" and the number "1" to avoid obstruction of customs clearance due to character confusion.

What legal responsibilities should I bear for false declarations

Article 24 of the Customs Law of the People's Republic of China stipulates:

The consignee of imported goods and the consignor of export goods shall truthfully declare to the customs and submit for inspection import and export licenses and relevant documents.

If the declaration of exported second-hand automobiles is not truthful, penalties will be imposed according to specific circumstances in accordance with the provisions of Article 15 of the "Regulations on the Implementation of Customs Administrative Punishments of the People's Republic of China". If there is any illegal income, the illegal income will be confiscated.

Ten categories of vehicles are prohibited from exporting

1. Vehicles that meet the scrapping standards specified in the "Regulations on Compulsory scrapping Standards for Motor Vehicles" and vehicles that are within one year (inclusive) of the specified scrapping period;

2. Vehicles during mortgage, pledge or under customs supervision;

3. Vehicles during the period of seizure or seizure by supervisory organs, people's courts, people's procuratorates, and administrative law enforcement departments in accordance with the law;

4. Vehicles obtained through illegal and criminal means such as theft, robbery, fraud;

5. The contents recorded in the motor vehicle and the motor vehicle registration certificate are inconsistent;

6.& nbsp; Smuggled and illegally assembled vehicles;

7. Vehicles with incomplete legal certificates and certificates;

8. Vehicles with unqualified test results;

9. Vehicles for which road traffic safety violations and traffic accidents have not been dealt with;

10. Vehicles prohibited by other laws and regulations from being traded or exported.

Customs reminds: Whenenterprises carry out second-hand automobile export business, they should strictly follow relevant legal provisions and truthfully declare, and need to focus on the enterprise's qualifications and consistent documents. The information on the export license must be consistent with the Motor Vehicle Registration Certificate.

If you make false declarations, you will face administrative penalties.

Source: China Customs Media, Huangpu Customs

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