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	(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

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