- In 2022, the Minister of Trade (“Minister”) issued Regulation No. 7 of 2022 on the Distribution and Supervision of Hazardous Substances (“Regulation 7/2022”). As its title suggests, Regulation 7/2022 sets out various provisions that specifically address the distribution of hazardous substances (Bahan Berbahaya – “B2”) and that apply to a wide range of business actors.
- However, in order to expand the list of imported B2 goods that are subject to mandatory supervision, the Minister has decided to issue Regulation No. 25 of 2024 on the Amendment to Regulation 7/2022 (“Amendment”), which has been in force since 10 October 2024.
- As briefly mentioned above, the Amendment has essentially broadened the scope of imported B2 goods that will be subject to the enforcement of Regulation 7/2022. Said goods are outlined comprehensively under the Appendices to the Amendment.
- Various types of B2 materials are outlined under Appendix I to the Amendment and include 42 types B2 materials that broadly comprise: 1) Boric acid, natural sodium borate and its concentrates (tariff posts: 28.05 - Ex 2528.00.00); 2) Mercury (tariff items: 28.10 - 2805.40.00); 3) Boric acid: chloride, chloride oxide and chloride hydroxide (tariff items: 28.27 - 2810.00.20); and so forth. Meanwhile, Appendix II to the Amendment outlines a list of chemical substances that fall under the scope of B2 materials and these include 56 types of chemicals that broadly encompass: 1) Other organic acids and hydrogen cyanide (tariff posts: 28.11 - 2811.12.00); 2) Carbonyl dichloride (tariff post: 2812.11.00); and 3) Phosphorus Oxychloride (tariff post: 2812.13.00); and so forth.
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