44,000 tons of ore from Bao Nguyen Company under management for investigation

VCN - Related to the case of more than 44,000 tons of bauxite ore of Bao Nguyen Trading Joint Stock Company (Bao Nguyen Company), the Anti-Smuggling and Investigation Department (General Department of Customs) said these goods are under the management for investigation, verification and handling of violations.
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Ships carrying bauxite ore of Bao Nguyen Company are being managed by Customs for investigation and verification.


According to the Anti-Smuggling and Investigation Department, on October 17, 2019, Bao Nguyen Company registered an export declaration at the Cam Pha Port Border Gate Customs Branch (Quang Ninh Customs Department).

The goods were declared as 42,000 tons of bauxite concentrates (AL2O3 content > = 50%, volume + -10%), exported under export license No. 8228 / BCT-CNNg dated August 25, 2014, of the Ministry of Industry and Trade and Decision No. 270 / QD-UBND dated January 31, 2019, of the People's Committee of Lang Son province; HS code: 2606000090, export tax rate of 20%.

The exported goods were valued at VND10,204,740,000 and tax payable is VND2,040,948,000.

The declaration was classified in the Red Chanel (documentary check and physical inspection). The company submitted the customs dossier for inspection including: testing result sheet No. 19V02kk4551 dated October 18, 2019, of Vinacontrol with the AL2O3 content of 50.36%;invoice, contract, Official Letter No. 8228 / BCT-CNNg and Decision No. 270 / QD-UBND.

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Ore of Bao Nguyen Company.
Clause 2 of the Prime Minister's Directive No. 03 / CT-TTg dated March 30, 2015, on the enhancement of the effect of the legislation on minerals states “the exportation of raw minerals shall be barred”.

However, according to results of physical inspection and sampling by Customs sent to Vietnam Institute of Geosciences and Mineral Resources under the Ministry of Natural Resources and Environment that the exported bauxite ore of Bao Nguyen Company is "raw bauxite ore", HS code 2606.00.00.10, export tax rate of 30%.

Results of inspection of volume and price appraisal determined the total weight of the exported goods of 44,123,020 tons, worth VND10,814,052,800.

On December 24, 2019, the Customs agency announced the inspection results to Bao Nguyen Company in accordance with the law.

For the test result sheet no. 19V02kk4551 dated October 18, 2019, of Vinacontrol, according to the Anti-Smuggling and Investigation Department, Bao Nguyen Company took samples and sent them to the inspection agency without customs authority participation and not in accordance with Clause 1, Article 5 of Circular No. 41/2012 / TT-BCT (as revised in Clause 3, Article 1 of Circular 12/2016 / TT-BCT), sothe test result sheet is invalid for customs clearance for the above shipment.

Clause 2 of the Prime Minister's Directive No. 03 / CT-TTg dated March 30, 2015, on the enhancement of the effect of the legislation on minerals states “the exportation of raw minerals shall be barred”.

At the same time, according to the export license of the Ministry of Industry and Trade in Official Dispatch No. 8228 / BCT-CNNg dated August 25, 2014, the exported bauxite ore by Bao Nguyen Company must be bauxite concentrates.

Therefore, it is illegal for Bao Nguyen Company to export raw ore but declare it as ore concentrates.

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Regarding the management of infringing goods for investigation, verification and handling of violations, according to the Anti-Smuggling and Investigation Department, because the shipment was found to have violated during the customs process and has not gone through customs clearance and has been under customs inspection, control and supervision, the customs agency shall continue supervision and management of the goods to ensure the investigation, verification and handling of violations.

By Thai Binh/ Huyen Trang

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