Yi Nian was fined because men’s denim jackets were unqualified

China Economic Net, Beijing, August 11th. Recently, the Shanghai Market Supervision and Administration Bureau issued a decision on administrative penalties (Shanghai City Jian Minji [2022] No. 122022000318). The following illegal acts in Yi Nian (Shanghai) Fashion Trading Co., Ltd. are mixed, adulterated, fake, charged with fakes, good charges, or impersonating qualified products with unqualified goods. The Market Supervision and Administration Bureau of Shanghai Minhang District decided to confiscate 0.0609 million yuan in illegal income and fined RMB 47.84 million.

By the incident, a total of 50 men’s denim jackets (model number spjeb49H31) were sold, of which 37 were stored in dealer warehouses, and 13 were sold to consumers. On September 10, 2021, the Shanghai Songjiang District Market Supervision and Administration Bureau commissioned Shanghai Textile Group Inspection Standard Co., Ltd. Cowboy jackets (product barcode 6971515827731) (model specifications: 180/100A) were raised. On September 18 of the same year, the testing agency issued a test report number 21QS0202. The report concluded that the PH value item of the above product does not meet the “GB18401-2010” standard. /T3921-2008 Standard “is determined that the batch of goods are unqualified.

The Shanghai Minhang District Market Supervision and Administration Bureau believes that the active existence of the parties’ production of unqualified clothing, violating the provisions of Article 13 (22 of the Product Quality Law of the People’s Republic of China “, and constitutes an illegal act of production unqualified clothing.

The parties’ production of unqualified clothing and sales of the parties violate the “Product Quality Law” and should accept punishment. At the same time, considering that the parties can actively cooperate with our bureau to conduct investigations after the incident, truthfully provide corresponding information and situation descriptions, and recall the impact of unqualified clothing elimination in a timely manner.

In accordance with Article 49 of the Quality Law of the People’s Republic of China and Article 49 of the People’s Republic of China, Article 32 (1), paragraph 1, paragraph 1, ordered the parties as follows:

1. 37 unqualified men’s denim jackets;

Second, confiscation of illegal income RMB Lubai Zero Yuanyuan;

Third, the fines of RMBs can be picked up.

Yi Nian (Shanghai) Fashion Trading Co., Ltd. is a wholly -owned subsidiary of Yi Nian (China) Investment Co., Ltd.

Article 49 of the Quality Law of the People’s Republic of China stipulates that: production and sales do not meet the national standards of human health and personal and property safety, and they are ordered to stop production, sales, confiscate illegal production and sales of illegal production and sales Products, and in illegal production, sales of products (including products that have been sold and unprepared, the same below), the value of the value of the value of less than three times the value of the value of the value of the value of the value of the value of the value of less than three times; , Revoke a business license; if a crime is constituted, criminal responsibility is investigated in accordance with the law.

Article 32 of the “Administrative Penalty Law of the People’s Republic of China” stipulates that: the parties have one of the following circumstances, and the administrative penalty shall be lighter or reduced from the light or reduce administrative penalties:

(1) Actively eliminate or reduce the consequences of the harm of illegal acts;

(2) Those who are coercive or deceived by others;

(3) Actively supply illegal acts that the administrative organs have not yet mastered;

(4) Cooperate with the administrative organ to investigate and deal with illegal acts and performance;

(5) Laws, regulations, and regulations stipulate that other administrative punishment should be lighter or reduced.

The following is the original text:

Administrative penalty decision of administrative penalties for the Market Supervision and Administration Bureau of Minhang District, Shanghai

Shanghai Municipal Administrative Minzhi [2022] 122022000318

Enterprise Name: Yi Nian (Shanghai) Fashion Trading Co., Ltd.

Legal representative: chungsojung

Unified social credit code: 91310000667794320F

Residence: No. 21, 4999, Hongmeinan Road, Minhang District, Shanghai

After investigation, the parties Yi Nian (Shanghai) Fashion Trade Co., Ltd. commissioned Zibo Haiyuan Clothing Co., Ltd. (hereinafter referred to as Haiyuan Clothing Company) in June 2021 to produce 50 men’s denim jackets (model number spjeb49H31), all clothes signs on the signs of clothes Manufacturer is Yi Nian (Shanghai) Fashion Trade Co., Ltd.. On August 10, 2021, the above clothes were delivered to Yi Nian (Shanghai) Fashion Trading Co., Ltd. By the incident, a total of 50 men’s denim jackets (model number spjeb49H31) were sold, of which 37 were stored in dealer warehouses, and 13 were sold to consumers. On September 10, 2021, the Shanghai Songjiang District Market Supervision and Administration Bureau commissioned Shanghai Textile Group Inspection Standard Co., Ltd. Cowboy jackets (product barcode 6971515827731) (model specifications: 180/100A) were raised. On September 18 of the same year, the testing agency issued a test report number 21QS0202. The report concluded that the PH value item of the above product does not meet the “GB18401-2010” standard. /T3921-2008 Standard “is determined that the batch of goods are unqualified.

The above facts are proved by the following evidence:

1. The parties’ business license, the copy of the legal representative ID card, the attorney, and the copy of the person’s ID card. It proves that the basic information and identity of the parties and our bureau have jurisdiction.

2. 2 inquiries produced by the parties. Prove the production of clothes, sales, inventory, value amount, etc.;

3. The test report number of 21QS0202; it proves that men’s denim jackets are not qualified;

4. Yi Nian (Shanghai) Fashion Trading Co., Ltd.’s purchase invoice and contract;

5. Clothing recall records issued by Yixian (Shanghai) Fashion Trading Co., Ltd.;

6. Other evidence materials.

The above -mentioned on -site inspection transcripts, inquiry transcripts and other evidence materials have been signed and confirmed by the parties or authorized entrusted agents, and the copies are checked by the provision of the provision and the original. In this case, the materials and other materials of the case have the characteristics of correlation, objectivity, and legitimacy, which have constituted a complete and strict evidence chain, and can fully prove the party’s illegal facts and punishment plots.

On July 11, 2022, this bureau sent a letter of punishment to the parties to the parties in accordance with the law? 2022? No. 122022000318 “Notice of Administrative Penalty”, informs the parties’ fact, reasons, basis and punishment content of the bureau’s administrative penalties, and the right to enjoy the statement and defense in accordance with the law. The parties did not state and defense within the prescribed period and deemed the right to abandon their rights.

We believe that the active existence of the parties’ production of unqualified clothing, and violated Article 13 of the “Quality Law of the People’s Republic of China”, paragraph 3, “prohibit the production and sales of the industry that does not meet the protection of human health and personal and property safety Products. Specific management measures are stipulated by the State Council “to constitute illegal acts of production unqualified clothing.

The parties’ production of unqualified clothing and sales of the parties violate the “Product Quality Law” and should accept punishment. At the same time, considering that the parties can actively cooperate with our bureau to conduct investigations after the incident, truthfully provide corresponding information and situation descriptions, and recall the impact of unqualified clothing elimination in a timely manner, our bureau decided to punish the parties from lightly.

According to Article 49 of the “Product Quality Law of the People’s Republic of China”, “production and sales do not meet the national standards of human health and personal and property safety, and the production and sales of the industry are ordered to stop production and sales, confiscate illegal production and sales of illegal production and sales Products, and in illegal production, sales of products (including products that have been sold and unprepared, the same below), the value of the value of the value of less than three times the value of the value of the value of the value of the value of the value of the value of less than three times; , Revoking business licenses; if a crime is constituted, investigate criminal responsibility in accordance with the law “and Article 32, paragraph 1, paragraph 1 of the” People’s Republic of China Administrative Penalty Law “,” One of the following circumstances, shall be lightly or reduced administrative penalties: (1) The consequences of actively eliminating or reducing the harm of illegal acts; “” regulations, ordered the parties to stop the production of unqualified clothing and decide to give the parties as follows:

Now it is required that the parties will bring this decision within 15 days from the date of receipt of this decision, and send the fine to the specific collection agency of the Municipal Industrial and Commercial Bank of China or the Construction Bank. If the fines are not paid within the time limit, in accordance with Article 72 (1) of the “Administrative Penalties of the People’s Republic of China”, our bureau may be fined 3 % of the fines daily.

If the parties do not accept this decision, they can apply for administrative reconsideration to the Minhang District People’s Government within 60 days from the date of receiving the decision; they can also file a lawsuit with the people’s court in accordance with the law within six months.

If the administrative reconsideration is not applied for within the time limit, and does not sue the court, and does not perform the administrative penalty decision, our bureau may apply for the people’s court for compulsory implementation.

Shanghai Minhang District Market Supervision and Administration Bureau

(seal)

July 29, 2022

This article comes from China Economic Network

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