How to Supervise Imported Cosmetics Sold via Cross-Border E-Commerce in China


Recently, CFDA published a Reply Letter to Jiangsu FDAregarding the applicable regulation for unapproved imported cosmetics sold through on-line transaction platform (personal shopper). In the meanwhile, Guangzhou FDA punished another same case. As we know, most of on-line cosmetics are not approved by CFDA.Because there are no specific regulations issued for the management of on-line cosmetics in China.Therefore, the official behaviors show that the supervision of on-line cosmetics is inclined to be managed more stringently. Nevertheless, whether the CFDA license is required for imported cosmetics sold via cross-border e-commerce? CIRS summarize related official documents about the supervision and administration of cross-border e-commerce trading as below.


Table 1: Main official documents about the supervision and administration of cross-border e-commerce trading

Time

File name

Main points

07/23/2014

“Notice on Supervision of Import &Export Commodity via Cross-border E-commerce “ ( GACC, Notice No.56, 2014)

Ø  Defining the range of import &export commodities via cross-border e-commerce, which are transacted through customs networked e-commerce platform.

Ø  E-commerce enterprises should bethe supplier of e-commerce platform and domestic enterprisesdeveloping the platform of cross-border e-commerce transaction.

Ø  Requirement for the registration and record-keeping of enterprises

07/30/2014

“Notice on Adding Customs Supervisory Code ”

(GACC, NoticeNo.57, 2014)

Ø  Adding the code ‘1210’.

Ø  Full name: Bonded cross-border e-commercetrade.

Abbreviation: Bonded e-commerce

05/14/2015

“Opinion on Developing the Function of Inspection and Quarantine to Promote the Development of Cross-border E-commerce ”

(AQSIQ, Decree No.202, 2015)

Ø  Building the list management system for cross-border e-commerce.

Ø  Implementingthe record-keeping

administration for cross-border

e-commerce.

09/09/2015

“Letter about Strengthening Supervision of Bonded Import via Cross-border E-commerce”

(GACC, Letter No.58, 2015)

Ø  Cross-border bonded import must be processed at special district supervised by customs or bonded logistic center in the pilot cities. It is banned in common bonded warehouse.

10/16/2015

“Bonded Mode of Cross-Border E-Commerce Imported Food Safety Supervision and Administration Rules”

(GACC, 2015)

Ø  As a reference for the supervision of bonded online-shopping imported cosmetics.

10/20/2015

“Custom Supervision Program to China (Hangzhou) Cross-Border E-commerce Comprehensive Experimental Zone”

(Hangzhou Custom, NoticeNO.2, 2015)

Ø  “List review to release, collective declaration, centralized tax, withholding and paying’available to customs clearance of cross-border e-commerce.

11/24/2015

<Standards for Record-Keeping Management of Cross-border E-commerce Operators and Products>

(AQSIQ, Decree No.137, 2015)

Ø  Standardizing the recording management of cross-border e-commerce business entity and products.

Ø  Clarifying the negative list of cross-border e-commerce importedcommodity.

12/01/2015

“Procedures about Inspection & Quarantine Notification and Releasingin China (Hangzhou) Cross-border E-commerce Comprehensive Experimental Zone ”

(AQSIQ, 2015)

Ø  Record-keeping, notification and releasing of cross-border e-commerce enterprises and products in cross-border comprehensive experimental zone.

CIRS Comments


  •  Cross-bordere-commerce operators should provide registration information to inspection &quarantine institutions.
  •  Cross-border e-commerce operators include operating enterprises, logistics&storage enterprises, third-party platform providers and e-commerce related enterprises.
  • The cross-border e-commerce commoditiesshould be recorded in the inspection & quarantine institutions before import.
  •  The Chinese label of imported cosmetics should meet the requirements of Regulations Concerning the Hygiene Supervision of Cosmetics and GB5296.3-2008.
  • The import of bonded online-shopping products is only available to following two areas.


-Special district supervised by customs in pilot cities

- Bonded logistic center in pilot cities


  • Given that overseas personal shopper is different with cross-border e-commerce, the punishment above is for personal shopper, so it is not clear whether pre-market approval of cross-border e-commerce cosmetics will be required afterwards. Definitely, CFDA tend to strengthen the supervision of on-line cosmetics.


Links:

Notice on Supervision of Import &Export Commodity via Cross-border E-commerce

Notice on Adding Customs Supervisory Code

Opinion on Developing the Function of Inspection and Quarantine to Promote the Development of Cross-border E-commerce

Bonded Mode of Cross-Border E-Commerce Imported Food Safety Supervision and Administration Rules

Custom Supervision Program to China (Hangzhou) Cross-Border E-commerce Comprehensive Experimental Zone

Standards for Record-Keeping Management of Cross-border E-commerce Operators and Products

Procedures about Inspection & Quarantine Notification and Releasing in China (Hangzhou) Cross-border E-commerce Comprehensive Experimental Zone