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Question:
The company plans to import 01 automatic wand cleaning machine (only the function of cursing chopsticks can not wash dishes, dishes ...). Currently, we are wondering which HS code should be appropriately. We have tried to find and found that there are 2 quite suitable HS codes as follows: HS code 8422 "Dishwasher" and HS code 8479 "Machine and mechanical equipment with separate functions". In case of using code 8479, what will the import procedure be?

Reply:

1. / About HS code

The company can refer to the following legal documents as a basis for determining HS codes of imported goods:

+ Circular No. 14/2015 / TT-BTC dated 30/01/2015 of the Ministry of Finance guiding the analysis and classification of goods.

Notes to the Harmonized System for Description and Coding of Goods by the World Customs Co-operation Council.

+ Based on six general rules in Appendix II issued under Circular 65/2017 / TT-BTC dated June 27, 2017 of the Ministry of Finance

Note, based on the company's actually exported goods at the time of export, on the basis of the business providing catalogs, technical documents (if any) or / and inspection at the Analytical Center. type of Customs (now the Regional Inspection Department). The actual inspection results of the Customs office where the company does the procedures and the analysis and classification are determined to be the legal and accurate basis for applying the code to the exported goods.

To accurately determine the HS code, before carrying out customs procedures, the company may request a pre-determination as prescribed in Article 7 of the Ministry's Circular No. 38/2015 / TT-BTC dated March 25, 2015. Finance (amended and supplemented in Clause 3 Article 1 of Circular 39/2018 / TT-BTC dated April 20, 2018) of the Ministry of Finance.

2. / About customs procedures:

For customs procedures and dossiers of import and export goods, the Company is requested to comply with Article 16 and Article 18 of the Finance Ministry's Circular 38/2015 / TT-BTC dated March 25, 2015. , supplemented at Clause 5, Clause 6, Clause 7 Article 1 of Circular 39/2018 / TT-BTC dated 20/04/2018.

3. / About item policy:

Because the company did not specify the status of the goods (new or used 100%), the consultant team could not answer the question accurately. The company references the following regulations:

3.1. The case is 100% new

The company's products are not subject to the import ban or conditional import according to the Government's Decree No. 69/2018 / ND-CP dated May 15, 2018, so the company can import as goods. other common chemicals.

Although this item is not a group 2 product or commodity under the management responsibility of the Ministry of Science and Technology, issued under Decision 3810 / QD-BKHCN dated December 18, 2019 of the Ministry of Science and Technology, it depends on the subject. target use (trading, trading, ...), the company should refer to the following regulations in the implementation of quality management of imported goods:

- Law on Standards and Technical Regulations 2006.

- Law on Product and goods quality dated November 21, 2007.

- Decree 74/2018 / ND-CP dated 15/05/2018 amending and supplementing Decree 132/2008 / ND-CP dated 31/12/2008 of the Government detailing the implementation of a number of articles of the Law Quality of products and goods.

Circular No. 02/2017 / TT-BKHCN dated 31/03/201 amending and supplementing Circular 28/2012 / TT-BKHCN dated 12/12/2012 of the Ministry of Science and Technology on announcement and regulation conformity and methods of assessing the conformity with standards, technical regulations, ...

3.2. In case of used goods

Based on HS codes of actually imported goods, the Company is requested to base on the provisions of Circular No. 12/2018 / TT-BCT dated June 15, 2020 of the Ministry of Industry and Trade to determine the conditions and documents. import procedures.