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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
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24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref.: TID PF 1

27 December 2013

Powdered Formula Licensing Circular No. 5/2013

New Arrangements for the Powdered Formula Export Licensing Service

I. Introduction

This circular announces certain improved services for applications and amendment/cancellation requests of export licences covering powdered formula1 with immediate effect.

II. Details

A. Acceptance of Multiple Items of Powdered Formula (up to Five) to be declared in a Single Licence Application (i.e. Brand Name/Category/Model Name/Lot Number)

2. As an ongoing pursuit of the Trade and Industry Department (TID) to streamline and simplify licensing procedures, with immediate effect, any application for export licence covering powdered formula may contain a maximum of five product items of powdered formula provided that:

  1. all the items are covered by the same import invoice (copy of the relevant import invoice to be submitted in support of the licence application) ;
  2. the product description and shipment details on the import invoice should be consistent with that declared on the export licence application;
  3. the consignee, the mode of transport and the departure date of all the items in the single application are the same; and
  4. any licence can only be used once for the export of full or partial shipment of the relevant items.

3. Please refer to the specimen of a completed Export Licence Form 6 at Annex I.

4. Applicants are reminded that applications must be made on Export Licence Form 6 (TRA 394) in triplicate and all other requirements set out in the Powdered Formula Licensing Circular No. 1/2013 (dated 22 February 2013), No. 2/2013 (dated 28 February 2013) and No.4/2013 (dated 24 May 2013) will continue to apply.

B. Improved Service for Processing Licence Amendments and Cancellations Requests

5. For amendments or cancellations of powdered formula export licences, the processing time is shortened from two clear working days to one clear working day with immediate effect. Exporters are reminded to submit requests on application forms TID 336 and TID 337 respectively. Please refer to the specimens at Annex II.

III. Important Notes and Warning

6. TID works closely with the Customs and Excise Department (C&ED) to enforce the export control licensing system for powdered formula in Hong Kong. Authorized officers of C&ED may conduct inspections on the export of any powdered formula as they consider necessary.

7. Unless otherwise exempted under the Import and Export Ordinance (Cap. 60, Laws of Hong Kong), any person who exports powdered formula to any places outside Hong Kong without a valid licence shall be guilty of an offence and shall be liable on conviction to a maximum fine of $500,000 and to imprisonment for 2 years. Likewise, the owner of a vessel, aircraft or vehicle shall not accept any powdered formula for export until there is produced to him an export licence issued by the Director-General of Trade and Industry. Any person who contravenes this requirement shall be guilty of an offence and shall be liable on conviction to a fine of $500,000 and to imprisonment for 1 year.

8. In addition to prosecution, TID may take appropriate actions against the persons who have breached the conditions of a powdered formula export licence. Such actions include but are not limited to, cancellation/suspension/revocation of the licence and refusal to issue a licence.

9. The data collected in the application will be kept in confidence. They may however be disclosed to other government departments, or to third parties in Hong Kong or elsewhere, if such disclosure is necessary to facilitate consideration or processing of the application, is in the interest of the trade in Hong Kong, is authorized or required by the law; or if explicit consent to such disclosure is given by the applicant/data subject. The Privacy Policy Statement of TID is available at https://www.tid.gov.hk/english/privacy/policy.html.

IV. Enquiries

10. For enquiries on this circular, please contact the Powdered Formula Licensing Unit at 3403 6220.

Yours faithfully,

(Miss Mandy WONG)
for Director-General of Trade and Industry

Note1 : As defined in the Import and Export (General) Regulations (Cap. 60 sub. leg. A), "powdered formula" means "a substance in powder form that -
  1. is or appears to be for consumption by a person aged under 36 months; and
  2. is or appears to be milk or milk-like substance in powder form to satisfy wholly or partly the nutritional requirement of a person aged under 36 months".