Official Dispatch 2907/TCHQ-GSQL 2008 import of fabric scraps as raw materials for export production

To: Quang Ninh Customs Department.

Responding to Official Dispatch No. 712/HQQN-NV dated June 5, 2009, of Quang Ninh Customs Department, reporting and requesting for directions in terms of import of fabric scraps (100% polyester, unused and discarded from sewing process) imported as raw materials for export production of Vietnam New Century Polyester Fibre Co.,Ltd., which are transferred under shipment to Hai Phong port according to bill of lading number NYKS 3110288528, General Department of Customs has the following opinions:

- According to the List of scraps permitted for import attached to the Minister of Natural Resources and Environment's Decision No. 12/2006/QD-BTNMT dated September 8, 2006, the fabric scraps imported by Vietnam New Century Polyester Fibre Co.,Ltd. for use as raw materials for export production, which are named “rags” with heading “6310901000” are not on the aforesaid list. Such goods are understood as scraps on the List of goods banned from export provided in Appendix I to the Government's Decree No. 12/2006/ND-CP dated January 23, 2006.

- The Environmental Protection Agency issued Official Dispatch No. 109/BVMT on January 23, 2008, guiding the import of scraps by Vietnam New Century Polyester Fibre Co.,Ltd. Accordingly, such imported scraps are plastic scraps discarded from the production process, which are unused and allowed to be imported for use as raw materials for production. However, pursuant to applicable current legal documents, such goods are not allowed to be imported.

Therefore, Quang Ninh Customs Department is requested to strictly follow the above-mentioned provisions of Decision No. 12/2006/QD-BTNMT. In case of disagreement with the customs office's solution, please make direct contact with the Ministry of Natural Resources and Environment for instruction and settlement.

The General Department of Customs hereby informs Quang Ninh Customs Department for implementation./.

For the Director General

The Deputy Director General

DANG HANH THU