China Economic Net, Beijing, April 13 (Reporter Ma Xianzhen) On April 10, Ningbo Municipal Market Supervision Administration issued a decision on administrative punishment (Yong Shi Jian Chu [2020] No.20). On June 28, 2019, Ningbo Municipal Market Supervision Administration received the report materials transferred by the superior bureau that Oaks Air Conditioning Co., Ltd. involved eight types of air-conditioning energy efficiency labels that did not meet the requirements. On the same day, Ningbo Municipal Market Supervision Administration decided to file a case. On August 15, 2019, the reports transferred by the superior bureau involving the other six types of air conditioners of the parties were consolidated.
It was found out that the party Oaks Air Conditioning Co., Ltd. produced Oaks brand series air conditioners, and according to the relevant regulations of the state on energy efficiency labeling of energy-using products, the energy efficiency labeling was added to the air conditioners, which was filed with the Energy Efficiency Labeling Management Center of China National Institute of Standardization. Among them, the air conditioner with model KFR-35GW/ZC+2 is marked with refrigeration capacity of 3550W, input power of 989W, energy efficiency ratio of 3.59W/W, and energy efficiency grade 2.
At the same time, the party Aux Air Conditioning Co., Ltd. pointed to the energy efficiency identification QR code link in the manual (http://elm.bbqk.com/index.html? A=mb530) The above-mentioned energy efficiency identification information is stated on the webpage. After investigation, Ningbo Municipal Market Supervision Administration randomly sampled 14 types of air conditioners in the production field and the circulation fields such as home appliance stores, specialty stores and e-commerce platforms, and entrusted an inspection agency with legal qualifications to conduct testing. Among them, the KFR-35GW/ZC+2 air conditioner with the factory code of 114841001811201629 produced on November 20th, 2018 and the factory code of 017134001904031924 produced on April 3rd, 2019 shows that the cooling power consumption is 1138.3W and the energy efficiency ratio is 3.21W/W
Ningbo Municipal Market Supervision Administration believes that air conditioning is a kind of energy-using product with great energy-saving potential and wide application. According to the Energy Conservation Law of People’s Republic of China (PRC), energy efficiency label management is implemented, and producers should be responsible for the accuracy of energy efficiency labels and related information. In order to promote their air-conditioning products and highlight their energy-saving features, the parties concerned marked energy efficiency indicators such as input power, energy efficiency ratio and energy efficiency grade that were inconsistent with the actual situation on the energy efficiency label, and displayed them on the webpage linked to the two-dimensional code of the energy efficiency label pointed in the manual, which exaggerated the energy-saving performance, violated the provisions of the third paragraph of Article 19 of the Energy Conservation Law of People’s Republic of China (PRC), and belonged to the act of "using the energy efficiency label for false propaganda". According to the third paragraph of Article 73 of People’s Republic of China (PRC) Energy Conservation Law, Ningbo Municipal Market Supervision Administration decided: 1. Order it to make corrections; 2. A fine of 100,000 yuan.
On June 10th, 2019, Gree Electric’s "Report Letter on the Production and Sales of Unqualified Air Conditioning Products by Oaks Air Conditioning Co., Ltd." published in the official Weibo listed eight unqualified Oaks air conditioning models including KFR-35GW/ZC+2. The administrative penalty decision also shows that the energy efficiency ratio of Oaks KFR-35GW/ZC+2 air conditioner is 3.21W/W, and the energy efficiency grade is 3, which is inconsistent with the information on its energy efficiency label, and it is determined that there is false propaganda.
Science and Technology Daily summarized the whole story of Gree’s report on Oaks’ virtual standard energy efficiency. On June 10th, 2019, Gree Electric reported that Oaks produced and sold unqualified air-conditioning products. On June 10, 2019, Oakes said that Gree Electric’s report was full of loopholes and had reported it to the public security organ. On June 11, 2019, Gree held a small-scale media exchange meeting, introduced the reasons for reporting Oaks in detail, and responded to Oaks’ statement that "the report was untrue and the report had been made". On June 11, 2019, Oaks raised three major questions in response to Gree’s report on the air conditioning efficiency of Oaks. Osk believes that from the perspective of national manufacturing industry, Gree launched the attack at an inappropriate time. On June 12, 2019, in response to Gree’s report on the Oaks incident, Oaks issued a statement saying that it had requested the General Administration of Market Supervision to appoint an authoritative testing agency to test the products.
On August 28, 2019, Gree Electric responded to the real-name report on Oaks Air Conditioning, saying, "Our report on Oaks is very valuable, and we must break the status quo of bad money expelling good money." On August 30, 2019, Leng Ling, President of Oaks Household Appliances Division, published an "Open Letter to Ms. Dong Mingzhu" in Weibo, which stated: "You choose the way of’ reporting’ to compete with us. Now, we choose a completely different way to state facts and express opinions. Therefore, next Monday (September 2), we will take the initiative to provide you with the disassembly video of Gree Air Conditioning’s unqualified energy efficiency, so as to help you correct these mistakes. " On August 30, 2019, the person in charge of the legal department of Gree Electric wrote back in the evening, saying that anyone and any enterprise have the right to supervise and report the unqualified products at any time. If Oaks finds that Gree air conditioners have unqualified energy efficiency, it is a responsible behavior to the society and consumers in time. Moreover, Gree Electric welcomes all consumers and peers in the whole society to supervise the quality of Gree air conditioners.
On April 10, 2020, Oaks Air Conditioning Co., Ltd. used the energy efficiency label for false propaganda, and Ningbo Municipal Market Supervision Administration made an administrative penalty decision on Oaks Air Conditioning Co., Ltd.: ordered to make corrections and fined 100,000 yuan.
Aux Air Conditioning Co., Ltd. is a wholly-owned subsidiary of Ningbo Aux Electric Co., Ltd. On June 24, 2003, Ningbo Oaks Electric Co., Ltd., the predecessor of Oaks Electric, was established. On September 29th, 2015, the company as a whole was changed into a company limited by shares and renamed as Ningbo Oaks Electric Co., Ltd.. It owns two listed companies (Samsung Medical 601567 and Oaks International 02080).
According to public information, the air conditioner KFR-35GW/ZC+2, which was found to have energy efficiency labeling problems, was labeled as a fixed-frequency wall-mounted air conditioner in the online shopping mall, with secondary energy efficiency, energy efficiency ratio of 3.5, cooling capacity of 3,550 W, heating capacity of 3,950 W and number of air conditioners of 1.5P P.
Article 19 of the Energy Conservation Law of People’s Republic of China (PRC): Producers and importers shall be responsible for the inclusion in the national energy efficiency standard.
Energy-using products that know how to manage the product catalogue shall be marked with energy efficiency labels, which shall be explained on the product packaging or instructions, and shall be reported to the institution jointly authorized by the market supervision and management department of the State Council and the energy-saving management department of the State Council for the record. Producers and importers shall be responsible for the accuracy of their energy efficiency labels and related information. It is forbidden to sell products that should be labeled but not labeled with energy efficiency labels. It is forbidden to forge, fraudulently use energy efficiency labels or make false propaganda by using energy efficiency labels.
Article 73 of the Energy Conservation Law of People’s Republic of China (PRC): In violation of the provisions of this law, the energy efficiency label should be marked but not marked, and the market supervision and management department shall order it to make corrections and impose a fine of not less than 30,000 yuan but not more than 50,000 yuan. In violation of the provisions of this law, the energy efficiency label has not been filed, or the energy efficiency label used does not meet the requirements, and the market supervision and management department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed. Forgery, fraudulent use of energy efficiency labels or the use of energy efficiency labels for false publicity, the market supervision and management department shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; If the circumstances are serious, the business license shall be revoked.
Article 51 of the Administrative Punishment Law of the People’s Republic of China: If a party fails to perform the administrative punishment decision within the time limit, it shall make a decision.
The administrative organ that decides on administrative punishment may take the following measures:
(a) if the fine is not paid at the due date, a fine of 3% of the amount of the fine shall be imposed every day;
(two) according to the law, auction the seized or detained property or transfer the frozen deposit to offset the fine;
(3) apply to the people’s court for compulsory execution.
The following is the original text:
Decision of Ningbo Municipal Market Supervision Administration on Administrative Punishment
Yong Shi Jian Chu [2020] No.20
Party: Aux Air Conditioning Co., Ltd.
Name of subject qualification certificate: business license
Unified social credit code: 91330200MA283665X6
Legal Representative: Lengling.
Address: No.1166, Mingguang North Road, Jiangshan Town, Yinzhou District, Ningbo City, Zhejiang Province
On June 28, 2019, the bureau received the report materials transferred by the superior bureau about the non-compliance of energy efficiency labels of eight models of air conditioners in Oaks Air Conditioning Co., Ltd., and the bureau decided to file a case on the same day. On August 15, 2019, the reports transferred by the superior bureau involving the other six types of air conditioners of the parties were consolidated.
It was found out that the parties involved in the production of Oaks brand series air conditioners were added with energy efficiency labels filed with the Energy Efficiency Labeling Management Center of China National Institute of Standardization according to the relevant national regulations on energy efficiency labels for energy-using products. Among them, the air conditioner with model KFR-35GW/ZC+2 is marked with refrigeration capacity of 3550W, input power of 989W, energy efficiency ratio of 3.59W/W, and energy efficiency grade 2. At the same time, the parties point to the energy efficiency identification QR code link in the manual (http://elm.bbqk.com/index.html? A=mb530) The above-mentioned energy efficiency identification information is stated on the webpage. After investigation, the bureau randomly sampled 14 types of air conditioners involving the parties in the production field and the circulation fields such as home appliance stores, specialty stores and e-commerce platforms, and entrusted inspection agencies with legal qualifications to conduct testing. Among them, the KFR-35GW/ZC+2 air conditioner with the factory code of 114841001811201629 produced on November 20th, 2018 and the factory code of 017134001904031924 produced on April 3rd, 2019 shows that the cooling power consumption is 1138.3W and the energy efficiency ratio is 3.21W/W
The above facts are mainly proved by the following evidence:
Evidence 1. Materials assigned by the State Administration of Market Supervision and Zhejiang Provincial Market Supervision Administration and attached report materials. Prove the source of the case.
Evidence 2. Relevant inspection reports, notarized documents and other investigation and evidence collection materials provided by Zhuhai Gree Electric Co., Ltd.. Prove the source of the case and the verification of the report materials by this bureau.
Evidence 3. A copy of the business license of the party concerned and the ID card of the legal representative. Prove the subject qualification of the parties.
Evidence 4. On-site transcripts and sampling records of the parties. Prove the fact that the bureau sampled Oaks air conditioners in the production field.
Evidence 5. On-the-spot transcripts and sampling records of relevant dealers such as physical stores and online stores that sell Oaks air conditioners. Prove the fact that the bureau sampled Oaks air conditioners in the circulation field.
Evidence VI. Notary documents issued by the notary office and some identification certificates of witnesses. It is proved that notaries and witnesses participated in the whole sampling process.
Evidence 7. Print some logistics information through the logistics website. Prove the logistics of sampling samples and inspection reports.
Evidence VIII. Sample confirmation sheet, several photos of sample confirmation process, power of attorney and identity certificate of the trustee. Prove the fact that the parties confirmed the samples delivered to the inspection agency on the spot.
Evidence IX. Inspection Report, and copies of the business license, qualification certificate and laboratory accreditation certificate of the inspection institution. It is proved that the energy efficiency identification information of KFR-35GW/ZC+2 air conditioner made by the parties with the factory code of 114841001811201629 and the factory code of 017134001904031924 is inconsistent with the measured value.
Evidence X: Notice of Inspection Results and Delivery Receipt, and Application for Re-inspection of Oaks Air Conditioning Products. It proves that the bureau delivered the relevant inspection report and the party concerned applied for re-inspection.
Evidence XI. A number of transcripts of inquiries about the client’s trustee, relevant power of attorney, the identity certificate of the trustee, and a number of law enforcement photos. Prove the fact that the parties use the energy efficiency label to make false propaganda.
Evidence XII. Product description, two-dimensional code picture of energy efficiency label, printed page of energy efficiency label, etc. Prove the fact that the parties use the energy efficiency label to make false propaganda.
Evidence XIII. Some materials such as energy efficiency record certificates provided by the parties to the Energy Efficiency Label Management Center of China National Institute of Standardization. Prove the filing of energy efficiency label of KFR-35GW/ZC+2 air conditioner.
Evidence XIV. The parties provide information such as agreements and bills of exchange with dealers. It is proved that the KFR-35GW/ZC+2 air conditioner sold by the dealer was produced by the party concerned.
On March 11th, 2020, the Bureau served the Notice of Administrative Punishment Hearing on the parties concerned, and the parties concerned did not make statements, pleadings and hearing requirements within the statutory time limit.
The Bureau believes that air conditioning is an energy-using product with great energy-saving potential and wide application. According to the Energy Conservation Law of People’s Republic of China (PRC), the energy efficiency label management is implemented, and the producers should be responsible for the accuracy of the energy efficiency label and related information. In order to promote their air-conditioning products and highlight their energy-saving features, the parties concerned marked energy efficiency indicators such as input power, energy efficiency ratio and energy efficiency grade that were inconsistent with the actual situation on the energy efficiency label, and displayed them on the webpage linked to the two-dimensional code of the energy efficiency label pointed in the manual, which exaggerated the energy-saving performance, violated the provisions of the third paragraph of Article 19 of the Energy Conservation Law of People’s Republic of China (PRC), and belonged to the act of "using the energy efficiency label for false propaganda". According to the third paragraph of Article 73 of the Energy Conservation Law of People’s Republic of China (PRC), "Whoever uses the energy efficiency label to make false propaganda shall be ordered by the market supervision and management department to make corrections, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed", the bureau decided: 1. Ordered to make corrections; 2. A fine of 100,000 yuan.
The parties concerned shall pay the above money to the collecting bank and turn it over to the state treasury within fifteen days from the date of receiving this penalty decision. Name of collecting bank: Jiangdong Sub-branch of Ningbo Branch of China Industrial and Commercial Bank; Account name: generation of municipal incomes from fines and confiscations (unit code: 045001; Project code: 050104). If a party fails to perform the decision on administrative punishment within the time limit, according to the provisions of Items (1) and (3) of Article 51 of the Administrative Punishment Law of the People’s Republic of China, the Bureau will take the following measures according to law: (1) If the party fails to pay the fine within the time limit, it will be fined at 3% of the fine amount every day; (two) apply to the people’s court for compulsory execution.
If you refuse to accept this punishment decision, you may apply for administrative reconsideration to Ningbo Municipal People’s Government within 60 days from the date of receiving this punishment decision; You can also bring an administrative lawsuit to the People’s Court of Yinzhou District, Ningbo within six months. If a party refuses to accept the decision on administrative punishment and applies for administrative reconsideration or brings an administrative lawsuit, the administrative punishment shall not be suspended.
The information of this administrative penalty decision will be publicized to the public according to law.
Ningbo market supervision management bureau
April 10, 2020
Source: China Economic Net
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