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(Adopted
at the Sixth Meeting of the Standing Committee of the Seventh National
People's Congress on February 21, 1989 and promulgated by Order
No. 14 of the President of the People's Republic of China on February
21, 1989, and effective as of August 1, 1989)
Chapter
I General Provisions
Article
1 This Law is enacted with a view to strengthening the inspection
work of import and export commodities, ensuring the quality of import
and export commodities, protecting the lawful rights and interests
of the parties involved in foreign trade, and promoting the smooth
development of economic and trade relations.
Article
2The State Council establishes the State Administration of Import
and Export Commodity Inspection (hereinafter referred to as the
State Administration of Commodity Inspection) which shall be in
charge of the inspection work of import and export commodities for
the whole country. The local import and export commodity inspection
authorities (hereinafter referred to as the commodity inspection
authorities) set up by the State Administration of commodity inspection
shall be responsible for the inspection work of import and export
commodities in regions under their jurisdiction.
Article
3 The commodity inspection authorities and the other inspection
organizations designated by the State Administration of Commodity
Inspection and the commodity inspection authorities shall, in accordance
with this Law, perform inspection on import and export commodities.
Article
4 The State Administration of Commodity Inspection shall, in the
light of the development of trade, make, adjust and publish the
List of Import and Export Commodities Subject to Inspection Enforced
by the Commodity Inspection Authorities (hereinafter referred to
as the List of Commodities).
Article
5 Import and export commodities which are included in the List of
Commodities and/or those subject to inspection by the commodity
inspection authorities under other laws or administrative rules/regulations
must be inspected by the commodity inspection authorities or the
inspection organizations designated by the State Administration
of Commodity Inspection and the commodity inspection authorities.
No
import commodities as specified in the preceding paragraph, which
have not undergone inspection shall be permitted for sale or use;
and no export commodities as specified in the preceding paragraph,
which have not undergone inspection or have been found substandard
after inspection can be permitted for export. Import and export
commodities specified in the first paragraph of this Article may
be exempted from inspection upon the application of the receivers
and consignors and through the examination approval by the State
Administration of Commodity Inspection.
Article
6Inspection on import and export commodities performed by the commodity
inspection authorities shall cover: quality, specifications, quantity,
weight, packing and requirements for safety and sanitation/hygiene.
Import and export commodities governed by the compulsory standards
or the inspection standards which must be complied with as provided
by the laws or administrative rules/regulations shall be inspected
in accordance with such compulsory standards or the inspection standards.
In the absence of such stipulations, import and export commodities
shall be inspected in accordance with the inspection standards agreed
upon the foreign trade contract stipulations.
Article
7 Import and export commodities and inspection items subject to
inspection by other inspection organizations under the laws and
administrative rules/regulations shall be inspected in accordance
with the provisions of the relevant laws and administrative rules/regulations.
Article 8The State Administration of Commodity Inspection and the
commodity inspection authorities shall collect and provide the relevant
departments with information about inspection on import and export
commodities.
Chapter
II Inspection of Import Commodities
Article
9 For import commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the
receivers must make registration for import commodities with the
commodity inspection authorities located at the discharging port
or the station of arrival. Import commodities which are included
in the List of Commodities shall be checked and released by the
Customs upon presentation of the seals of the commodity inspection
authorities affixed on the Customs declaration.
Article
10 For import commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the
receivers shall apply to the commodity inspection authorities for
inspection in place and within the time limit specified by the commodity
inspection authorities. The commodity inspection authorities shall
accomplish the procedures for inspection within the time limit of
filing claims prescribed in the foreign trade contracts and issue
the inspection certificates.
Article
11 For import commodities beyond those subject to inspection by
the commodity inspection authorities in accordance with this Law,
which are not found up to the standards in quality, or damaged,
or short in weight or quantity, if the issuance of the inspection
certificates by the commodity inspection authorities for the claim
is necessary, the receivers shall apply to the commodity inspection
authorities for the issuance of inspection certificates.
Article
12 For some important commodities and complete sets of equipment
in large size, the receivers shall, in accordance with the agreement
stipulations of the foreign trade contracts, conduct initial inspection
and supervision over manufacturing or loading in the exporting countries
before shipment. The relevant competent departments shall strengthen
the supervision. The commodity inspection authorities, when deemed
necessary, may dispatch inspection personnel to take part in the
work of inspection and supervision.
Chapter
III Inspection of Export Commodities
Article
13 For export commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the
consignors shall apply to the commodity inspection authorities for
inspection in place and within the time limit specified by the commodity
inspection authorities. The commodity inspection authorities shall
accomplish the procedures for inspection and issue inspection certificates
without delaying the prescribed time for shipment. Export commodities
which are included in the List of Commodities shall be checked and
released by the Customs upon presentation of the inspection certificates
or the releasing notices issued by the commodity inspection authorities
or the seals of the commodity inspection authorities affixed on
the Customs declaration.
Article
14 Export commodities, for which the inspection certificates and
releasing notices have been issued by the commodity inspection authorities,
shall be declared for export within the time limit specified by
the commodity inspection authorities. Those failing to meet the
time limit shall be applied for reinspection accordingly.
Article
15 Enterprises manufacturing packagings for dangerous export goods
must apply to the commodity inspection authorities for performance
testing. Enterprises producing dangerous export goods must apply
to the commodity inspection authorities for inspection of the use
of packagings. Dangerous goods with packagings which have not undergone
inspection/testing or do not conform to the requirements after testing/inspection
are not allowed for export.
Article
16 For vessel holds or containers used for carrying perishable food,
the carriers or container stuffing organizations must, before shipment,
apply to the commodity inspection authorities for inspection. Those
without undergoing inspection or found not in conformity with the
technical conditions for shipping shall not be permitted to carry
the food.
Chapter
IV Supervision and Administration
Article
17 The commodity inspection authorities may make random inspection
on import and export commodities beyond those subject to inspection
by the commodity inspection authorities in accordance with this
Law. Those export commodities, if judged substandard after random
inspection, shall not be permitted to be exported.
Article
18 The commodity inspection authorities, when and where deemed necessary,
may assign inspection personnel to manufacturers of export commodities
which are included in the List of Commodities to take part in supervision
over the quality inspection work of export commodities before they
leave the factories.
Article
19 The commodity inspection authorities may undertake the quality
certification work of import and export commodities on the basis
of the agreements signed between the State Administration of Commodity
Inspection and foreign bodies concerned, or upon the entrustment
by the foreign bodies concerned. Import and export commodities qualified
shall be allowed to attach the corresponding quality certification
marks.
Article
20 The State Administration of Commodity Inspection and the commodity
inspection authorities shall, on the basis of necessity of the inspection
work accredit qualified inspection organizations/bodies both at
home and abroad, through examination, to undertake the assigned
inspection work of import and export commodities.
Article
21 The State Administration of Commodity Inspection and the commodity
inspection authorities shall exercise supervision over the import
and export commodity inspection work of the inspection organization
on commodities inspected by them.
Article
22 The State, when deemed necessary, shall institute the quality
license system for important import and export commodities and their
manufacturers. The specific measures thereof shall be drawn up by
the State Administration of commodity Inspection in conjunction
with the relevant competent department under the State council separately.
Article
23 The commodity inspection authorities and the inspection organization
designated by them as well as other inspection organizations/bodies
approved by the State Administration of Commodity Inspection, may
handle superintending and surveying services of import and export
commodities upon entrustment by parties involved in foreign trade
or by foreign inspection bodies. Scope of superintending and surveying
services of import and export commodities shall cover: survey of
quality, quantity, weight and packing of import and export commodities,
inspection damage in respect to general/particular average to cargoes,
inspection of container cargoes while stuffing or unstuffing, damage
survey of import cargoes, inspection of technical conditions for
shipping exports, measurement of dead tonnage, issuance of certificates
of origin and/or value of products and other superintending and
surveying services.
Chapter
V Legal Responsibility
Article
24 In case an applicant for inspection of import and export commodities
disagrees with the inspection results made by the commodity inspection
authorities, he may apply to the original commodity inspection authorities,
or to the higher commodity inspection authorities, or even to the
State Administration of Commodity Inspection for reinspection. The
conclusion for reinspection shall be made by the commodity inspection
authorities or by the State Administration of Commodity Inspection,
which have accepted the reinspection.
Article
25 The commodity inspection authorities and the inspection organization
designated by them as well as other inspection organizations/bodies
approved by the State Administration of Commodity Inspection, may
handle superintending and surveying services of import and export
commodities upon entrustment by parties involved in foreign trade
or by foreign inspection bodies. Scope of superintending and surveying
services of import and export commodities shall cover: survey of
quality, quantity, weight and packing of import and export commodities,
inspection damage in respect to general/particular average to cargoes,
inspection of container cargoes while stuffing or unstuffing, damage
survey of import cargoes, inspection of technical conditions for
shipping exports, measurement of dead tonnage, issuance of certificates
of origin and/or value of products and other superintending and
surveying services. Chapter V Legal Responsibility
Article
26 Anyone, who in violation of the provisions of this Law, purposely
markets or uses import commodities which are included in the List
of Commodities, or subject to included by the commodity inspection
authorities in accordance with the other laws or administrative
rules/regulations without applying for inspection, or purposely
exports export commodities which are included in the List of Commodities
or subject to inspection by the commodity inspection authorities
in accordance with the other laws and administrative rules/regulations
without applying for inspection, or exports export commodities found
not up to standard, shall be fined by the commodity inspection authorities.
If the circumstances are serious and caused heavy economic losses,
the personnel directly responsible shall be prosecuted according
to the provisions of Article 187 of the Criminal Law. Anyone, who
in violation of the provision of Article 17 of this Law, purposely
exports substandard commodities found during random inspection by
the commodity inspection authorities, shall be punished under the
provisions of the preceding paragraph.
Article
27 If falsifying, or remaking of the commodity inspection certificates/documents,
seals/stamps, marks, sealings and quality certification marks constitutes
a crime, the personnel directly responsible shall be prosecuted
according to the provisions of Article 167 of the Criminal Law;
if the circumstances are minor, he shall be fined by the commodity
inspection authorities.
Article
28 In case a party does not agree with the penalty given by the
commodity inspection authorities, he may, within 30 days after the
day he receives notice of the penalty, apply to the commodity inspection
authorities which have made the punishment decision or to the higher
commodity inspection authorities or even to the State Administration
of Commodity Inspection for reconsideration. If the party disagrees
with the decision of the reconsideration, he may bring a suit before
a people's court within 30 days after the day he receives notice
of the reconsideration decision. If the party does not apply for
reconsideration or does not bring a suit, or fails to comply with
the punishment decision within the prescribed period, the commodity
inspection authorities which have made the punishment decision shall
apply to a people's court for compulsory execution.
Article
29 disciplinary sanction or investigation for criminal responsibility
in accordance with the Criminal Law shall, depending on the seriousness
of the circumstances, be taken on those functionaries of the State
Administration of Commodity Inspection and the commodity inspection
authorities, and the inspection personnel of the inspection organization
designated by the State Administration of Commodity Inspection or
the commodity inspection authorities, who abuse their power, practise
graft, falsify inspection results, or neglect their duties, delay
in inspection and issuance of certificates.
Chapter
VI Supplementary Provisions
Article
30 The commodity inspection authorities and other inspection organizations
shall, in carrying out the inspection or superintending and surveying
services in accordance with this Law, collect fees according to
the relevant provisions. The provisions for collecting fees shall
be drawn up by the State Administration of Commodity Inspection
in conjunction with the competent departments under the State Council.
Article
31 The regulations for the implementation of this Law shall be formulated
by the State Administration of Commodity Inspection and shall come
into force after being submitted to and approved by the State Council.
Article
32 This Law shall go into effect on August 1, 1989. The Regulations
on the Inspection of Import and Export Commodities of the People's
Republic of China promulgated by the State Council on January 28,
1984 shall be invalidated on the same day.
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