What Are the Legal Penalties for Selling E-Cigarettes?
What are the legal penalties for selling e-cigarettes? Hello, I returned from abroad at the end of last month carrying several packs of e-cigarette cartridges for personal use. I did not declare them and customs seized the cartridges on suspicion of smugg
What are the legal penalties for selling e-cigarettes? Hello, I returned from abroad at the end of last month and brought back a few e-cigarette cartridges for personal use without declaring them. The customs detained the cartridges on suspicion of smuggling. Is it considered smuggling if I didn't declare them? Isn't the customs' determination problematic? Thank you.
China Lawyer Customs Network:
According to Article 7 of the "Implementation Regulations on Administrative Penalties of the Customs of the People's Republic of China", "Transporting, carrying, mailing goods or items that are prohibited or restricted from entering or exiting the country, or goods or items that should be taxed, by hiding, disguising, misreporting, or other means to evade customs supervision" is considered smuggling. If you carried e-cigarettes without taking measures to "hide, disguise, misreport, or evade customs supervision", it constitutes a violation of customs regulations and may result in a warning or fine, but does not constitute smuggling.
Further reading:
"Article 19: Those who engage in any of the following behaviors shall be warned and may be fined less than 20% of the value of the goods, and any illegal gains shall be confiscated:
(1) Without customs permission, opening, delivering, mailing, transferring, or otherwise disposing of goods that have not been released by customs;
(2) Individuals transporting, carrying, or mailing personal items in excess of a reasonable quantity without declaring to customs;
(3) Individuals transporting, carrying, or mailing items that are restricted from entering or exiting the country in excess of the prescribed quantity but still for personal use, without declaring to customs and without evading customs supervision by hiding or disguising;
(4) Individuals transporting, carrying, or mailing items, with false declarations;
(5) Goods that have been temporarily exempted from customs duties and are not taken out or brought back in accordance with regulations;
(6) Without customs approval, transit personnel leaving their items in the country."
China Lawyer Customs Network:
According to Article 7 of the "Implementation Regulations on Administrative Penalties of the Customs of the People's Republic of China", "Transporting, carrying, mailing goods or items that are prohibited or restricted from entering or exiting the country, or goods or items that should be taxed, by hiding, disguising, misreporting, or other means to evade customs supervision" is considered smuggling. If you carried e-cigarettes without taking measures to "hide, disguise, misreport, or evade customs supervision", it constitutes a violation of customs regulations and may result in a warning or fine, but does not constitute smuggling.
Further reading:"Article 19: Those who engage in any of the following behaviors shall be warned and may be fined less than 20% of the value of the goods, and any illegal gains shall be confiscated:
(1) Without customs permission, opening, delivering, mailing, transferring, or otherwise disposing of goods that have not been released by customs;
(2) Individuals transporting, carrying, or mailing personal items in excess of a reasonable quantity without declaring to customs;
(3) Individuals transporting, carrying, or mailing items that are restricted from entering or exiting the country in excess of the prescribed quantity but still for personal use, without declaring to customs and without evading customs supervision by hiding or disguising;
(4) Individuals transporting, carrying, or mailing items, with false declarations;
(5) Goods that have been temporarily exempted from customs duties and are not taken out or brought back in accordance with regulations;
(6) Without customs approval, transit personnel leaving their items in the country."
