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
“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
“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
“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
“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.
“Bonded Mode of Cross-Border E-Commerce Imported Food Safety Supervision and Administration Rules”
Ø As a reference for the supervision of bonded online-shopping imported cosmetics.
“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.
(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.
“Procedures about Inspection & Quarantine Notification and Releasingin China (Hangzhou) Cross-border E-commerce Comprehensive Experimental Zone ”
Ø Record-keeping, notification and releasing of cross-border e-commerce enterprises and products in cross-border comprehensive experimental zone.
- 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.