Recently, the Market Supervision Bureau of Dezhou City, Shandong Province, issued an administrative penalty decision, the party concerned is Taisheng Building Materials Co., Ltd. of Wucheng County.
According to the written decision on administrative penalty, The reason for the punishment is that the specification and model of the ordinary Portland cement produced by the party concerned are 42.5 P. O (production date/batch number: 2023-04-01/A11), and the specification and model are P. S. A 32. The above acts of the party concerned are determined as the acts of producing products that do not meet the national standards for the protection of personal and property safety.
In accordance with relevant laws and regulations, the party concerned was ordered to correct the above-mentioned illegal acts, and the party concerned was fined and confiscated a total of 382550
for producing products that did not meet the national standards for the protection of personal and property safety. The reason for the unqualified products of the above two specifications and models is that the chloride ion content in desulfurization gypsum exceeds the standard. The full text of the Decision on Administrative Penalty is as follows:
Party: Wucheng Taisheng Building Materials Co., Ltd.
Name of Subject Qualification Certificate: Business License
Unified Social Credit Code: 91371428090679896
T Domicile (address): Dezhou City, Shandong Province North
of Xingfu Road, Laocheng Town, Wucheng County On April 23, 2023, our Bureau received the inspection report (No.: WS0100718-2023 (1)) issued by Shandong Institute of Product Quality Inspection. The content of the report: "The product name is ordinary Portland cement; the trademark is Leikun; the specification and model is P.O42.5;"; Production unit: Wucheng Taisheng Building Materials Co., Ltd.; production date/batch number: 2023-04-01/A11; inventory: 300 tons; Inspection conclusion: After inspection, the chloride ion of the inspection item does not meet the standard requirements of GB175-2007 Ordinary Portland Cement. According to the Detailed Rules for the Implementation of Quality Supervision and Spot Inspection of Cement Products in Shandong Province (2023 Edition), it is judged to be unqualified; In addition, an inspection report (No. WS0100719-2023 (1)) was issued, with the following contents: "The product name is Portland slag cement; the trademark is Leikun; the specification and model are P. S. A32. On April 25, 2023, the law enforcement officers of our Bureau delivered the above two inspection reports (some inspection items) to the parties concerned.". On May 6, 2023, the party concerned submitted an application for objection to the Shandong Provincial Market Supervision and Administration Bureau. On May 16,
2023, the law enforcement officers of our Bureau served two full inspection reports numbered No. WS0100718-2023 and No. WS0100719-2023 respectively to the parties concerned. The chloride ions of the inspection items did not meet the requirements of GB175-2007 Ordinary Portland Cement, and were judged to be unqualified according to the Detailed Rules for the Implementation of Quality Supervision and Spot Inspection of Cement Products in Shandong Province (2023 edition). On May 17, 2023, the Market Supervision and Administration Bureau of Shandong Province accepted the objection application of the parties concerned, issued a notice of objection handling for product quality supervision and spot check, and conducted re-inspection according to the procedures. On June 8, 2023, the law enforcement officers of our Bureau delivered the re-inspection report issued by Zibo Product Quality Inspection Institute (No.: 2023 (GTFJ) 0001 and No.: 2023 (GTFJ) 0002 respectively) to the party concerned, and the re-inspection conclusion was still that the chloride ion item was unqualified.
After investigation, on April 8, 2023, the provincial routine supervision and spot check staff inspected the ordinary Portland cement with the specification of P.O42.5 produced by the party concerned (the product sampling sheet showed that the inventory quantity was 300 tons. The unit price of the product is 420.00 yuan/ton) and the specification and model of Portland slag cement with P. S. A32.5 (the product sampling sheet shows that the inventory quantity is 200 tons and the unit price of the product is 300. Chloride ion, magnesium oxide, sulfur trioxide, strength, setting time, stability, fineness, specific surface area, sieve residue, mixing amount of mixed stone, mixing amount of gypsum and other items are mainly inspected, and the products of the above two specifications and models are qualified by self-inspection. After investigation by the parties concerned, the reason for the unqualified products of the above two specifications and models is that the chloride ion content in desulfurized gypsum exceeds the standard. According to the original production computer control records and sales records of the party concerned, 300 tons of P.O42.5 ordinary Portland cement (production date/batch number: 2023-04-01/A11) were produced; Specification and model: P. S. A32. After investigation, Pingyuan Derun New Building Materials Co., Ltd. has used all the purchased cement of the above two specifications and models, and there is no inventory surplus. After inquiring Ren Niandong, the general manager of the party concerned, Ji Xiangcheng, the director of the laboratory, confirmed that the unit price of the product was wrong in the sampling sheet of product quality supervision and spot check, which was inconsistent with the actual selling price. Since the party concerned did not mark the price and could not effectively determine the transaction amount of the product involved, the value of the product involved was determined by the invoice of the value-added tax close to the date of this sale. The price of the ordinary Portland cement with the specification and model of P.O42.5 is 314.00 yuan/ton excluding tax and 355.00 yuan/ton including tax; The price of slag Portland cement (bagged) with the specification and model of P. S. A32.5 is 238.00 yuan/ton excluding tax, and the price including tax is 270. Based on this calculation, it is known that the total value of the above-mentioned products involved in the case is 160500. 00 yuan, and the illegal income is 141800
. There are mainly the following evidences to prove:
1. Four inspection reports issued by Shandong Institute of Product Quality Inspection numbered No: WS0100718-2023 (1), No: WS0100719-2023 (1), NO: WS0100718, NO: WS0100719, 2 sampling sheets, To prove the source of the case and the unqualified situation of the ordinary Portland cement with the specification and model of P.O42.5 (production date/batch number: 2023-04-01/A11) and the Portland slag cement with the specification and model of P. S. A32.5 (production date/batch number: 2023-03-18/C13) produced by the party concerned in the provincial routine supervision and spot check;
2. One copy of the Business License, the Industrial Product Production License, the ID card of the legal representative and the ID card of the entrusted agent of the party concerned to prove the subject qualification of the party concerned;
3. One copy of the On-site Record to prove the on-site situation of the party concerned;
4. Two copies of the Record of Inquiry of Ren Niandong, the inquired person, certifying the overall situation of the production, sale and price of the above-mentioned products of the parties concerned;
5. Two copies of original computer control records, two copies of ex-factory inspection report, one copy of sales contract, 19 copies of invoice and two copies of special invoice for value-added tax, proving the production, inspection and sales of the products of the parties concerned;
6. One copy of the Inquiry Record, one copy of the sales contract and seven copies of the warehousing order of Meng Xiangzhen, the legal person of Pingyuan Derun New Building Materials Co., Ltd., proving that the unit has purchased two specifications and models of products and that the products have been used and can not be recovered;
7. Two inspection reports (No: 2023 (GTFJ) 001 and No: 2023 (GTFJ) 002) issued by Zibo Product Quality Inspection Institute. To certify that the specification and model of the ordinary Portland cement produced by the party concerned is P.O42.5 (production date/batch number: 2023-04-01/A11), and the specification and model is P. S. A32.June 30,
2023. The law enforcement officers of our Bureau served the Notice of Administrative Penalty (No.2023 GY10) to the party concerned, and the party concerned did not exercise the right of statement and defense within the prescribed time limit and did not request a hearing.
According to Article 13 of the Product Quality Law of the People's Republic of China, "Industrial products that may endanger human health and personal and property safety must conform to the national and industrial standards for safeguarding human health and personal and property safety; where national and industrial standards have not been formulated, they must conform to the requirements for safeguarding human health and personal and property safety." The specification and model of the ordinary Portland cement produced by the party concerned is P.O42.5 (production date/batch number: 2023-04-01/A11), and the specification and model is P. S. A32. The above acts of the party concerned are determined as the acts of producing products that do not conform to the national standards for the protection of personal and property safety. During
the investigation of the case, the party concerned actively cooperated with the work, truthfully stated the illegal facts, and truthfully provided relevant evidence materials; secondly, the party concerned carried out self-inspection on each batch of products, and the products of the above two specifications and models passed the self-inspection, which was not intentionally illegal. The purchasers of this batch of cement are all used in the production of plain concrete solid bricks, and the unqualified items have no impact on the product and no harmful consequences. According to the provisions of Article 5 of the Administrative Punishment Law of the People's Republic of China, referring to Article 1 of Chapter 8 of the Administrative Penalty Discretion Standard for Market Supervision and Administration of Shandong Province, and Item 3 of the Discretion Standard for Product Quality Supervision, which is serious, "more than 50000 yuan, or the product has been sold, but can not be recovered." The products illegally produced or sold or the raw and auxiliary materials, packages and production tools of the products that are passed off as genuine products shall be confiscated, and a fine of not less than 2.5 times but not more than 3 times the value of the products shall be imposed; if there are illegal gains, the illegal gains shall be confiscated. With reference to Article 11 of the Rules for the Application of Administrative Penalty Discretion Exercised by the Market Supervision and Administration Bureau of Shandong Province, if a party has one of the following circumstances, he shall be given a lighter or mitigated punishment according to law:.. (6) Actively cooperate with the investigation, truthfully state the illegal facts, and truthfully provide relevant evidence and materials;..
According to Article 49 of the Product Quality Law of the People's Republic of China, "Whoever produces or sells products that do not conform to the national and industrial standards for the protection of human health and personal and property safety shall be ordered to stop production and sale, confiscate the products illegally produced or sold, and punish the products illegally produced or sold (including those sold and sold)." A fine of not less than three times but not more than three times the value of the goods; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal liability shall be investigated according to law "and the first paragraph of Article 28 of the Administrative Punishment Law of the People's Republic of China:" When imposing administrative punishment, the administrative organ shall order the party concerned to correct the illegal act or to correct the illegal act within a time limit ". The following administrative penalties shall be imposed on the party concerned for producing products that do not conform to the national standards for the protection of personal and property safety:
1. A fine of 240750. 00 yuan;
2. Confiscation of illegal income 141800. 00 yuan; The total amount of
fines and confiscations is 382550.
Please bring the payment code to 11 financial non-tax revenue collection agent banks in Shandong Province (Industrial and Commercial Bank of China, Agricultural Bank of China, China Construction Bank, China Communications Bank, China Postal Savings Bank, Dezhou Bank, Weihai Bank, Qilu Bank, Qingdao Bank) within 15 days from the date of receiving this penalty decision. Dezhou Agricultural and Commercial Bank) any bank outlet or through the electronic payment system to pay fines. If the party concerned fails to perform the administrative penalty decision within the time limit, our Bureau may take the following measures in accordance with the provisions of the first paragraph of Article 72 of the Administrative Punishment Law of the People's Republic of China: (1) If the party concerned fails to pay the fine within the time limit, an additional fine of 3% of the amount of the fine shall be imposed on a daily basis; (2) Apply to the people's court for compulsory execution.
If you refuse to accept this penalty decision, you may apply to the Dezhou Municipal People's Government for administrative reconsideration within 60 days from the date of receiving this penalty decision, or you may bring an administrative lawsuit to the Decheng District People's Court within 6 months according to law.
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