Prosecuting firm for illegally importing 10 containers of banned goods, declaring false names

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On December 18, 2020, T-Dracons Co., Ltd (headquartered in Hai Chau District, Da Nang) opened an import customs declaration at the Da Nang Port Customs Branch (Da Nang Customs Department) for the shipment imported from abroad. The declared goods are QUEEN laundry detergent, 3,800 ml/bottle, 4 bottles/1 carton, 100% new, made in Japan, quantity 5,364 bottles; commodity code 34022095; 10% import tax rate.

The declaration is classified as Red (inspection of goods)by the VNACCS automatic customs clearance system. After the enterprise transmitted the declaration to the VNACCS system and notified the results of the declaration classification, within the time limit prescribed by law, T-Dracons Co., Ltd. did not send a representative to the Da Nang port border gate customs branch to carry out customs procedures (present customs documents and bring goods to a specified place for Customs goods inspection).

The Sub-department contacted and requested the Company to go to the headquarters of the Sub-department to carry out customs procedures for the shipment but could not contact.

In addition to 1 container that has opened a customs declaration, the company also has its name on the bill of lading to import 9 other containers (the goods declared on the bill of lading are detergents) into Tien Sa port (Da Nang).

The company has not registered these 9 containers to open the customs declaration, but the goods have been kept in the customs supervision area, have completed the procedures with shipping agents and have suspicious signs of importing goods that are not in accordance with the declaration, importing banned goods.

With the unusual signs related to the above shipments, the Anti-Smuggling and Investigation Department chaired and coordinated with the functional forces in the area to conduct an examination according to administrative procedures for 10 containers owned by T-Dracons named on 9 bills of lading imported goods through Tien Sa port, Da Nang.

The results of the search, valuation and assessment of the names, types and conditions of goods showed that, for 1 container that T-Dracons Co., Ltd. opened a customs declaration, the detected infringing goods were mainly cosmetics, dietary supplement, baby formula, household appliances, electronic equipment (used)... produced by foreign countries.

For 9 containers of T-Dracons Co., Ltd. named on the bill of lading (but not yet opened the customs declaration), the detected goods were mainly cosmetics, dietary supplement, baby formula, household appliances, alcohol, mobile phones, refrigeration goods, clothes, used watches... are manufactured abroad.

The total value of goods in 10 containers was determined to be more than 38 billion VND.

Due to the complicated details in the case such as: declaring the false name of goods, importing banned goods, goods imported under permits, goods imported with conditions but not complying with the provisions of law, the goods that have been detected and temporarily seized were of great value, showing signs of criminal law violations, etc., the General Department of Customs has assigned the Anti-Smuggling and Investigation Department (Criminal Investigation Team) to organize the investigation, verify the case.

Based on the collected records and documents and the results of inspection and verification, the Anti-Smuggling and Investigation Department has enough grounds to determine that the case related to T-Dracons Co., Ltd. has signs of criminal law violation.

The Director of the Anti-Smuggling and Investigation Department issued a Decision to prosecute criminal case No. 02/QD-ĐTCBL on the crime of "illegal transportation of goods and currency across the border" that occurred at Tien Sa port, Da Nang, related to T-Dracons Co., Ltd.

Currently, the Anti-Smuggling and Investigation Department has handed over all dossiers and documents related to the above case to the Investigation Police Agency of Da Nang City. to handle and investigate according to the provisions of law.