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Law of the People's Republic of China on Import and Export Commodity Inspection (Ⅰ)
Release Time: 2008/3/24 0:00:00        From: Made In China.com        Visits: 190426        Font Size: Large  Middle  Small
Law of the People's Republic of China on Import and Export Commodity Inspection (Ⅰ)
 
Adopted at the 6th 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, amended in accordance with the Decision on Amending the Law of the People's Republic of China on Import and Export Commodity Inspection adopted at the 27th Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2002.
 
Chapter I General Provisions
 
Article 1 This Law is enacted with a view to improving the inspection of import and export commodities, regulating inspection of import and export commodity, protecting public interests and the legitimate rights and interests of the parties involved in foreign trade, and promoting the smooth development of China's economic and trade relations with other countries.
 
Article 2 The State Council shall establish an administration for import and export commodity inspection (hereinafter referred to as the State administration for commodity inspection, in short), which shall be in charge of the inspection of import and export commodities throughout the country. The local import and export commodity inspection authorities set up by the State administration for commodity inspection (hereinafter referred to as the commodity inspection authorities, in short) shall be responsible for the inspection of import and export commodities within the regions under their jurisdiction.
 
Article 3 The commodity inspection authorities and the inspection bodies permitted by the State administration for commodity inspection shall, in accordance with law, perform the inspection of import and export commodities.
 
Article 4 The import and export commodities shall be inspected in adherence to the principles of protecting human health and safety, animal and plant life and health, and the environment; preventing deceptive practices and preserving security of the State. The State administration for commodity inspection shall compile and readjust the catalogue of import and export commodities subject to compulsory inspection (hereinafter referred to as the Catalogue, in short) and publish it for implementation.
 
Article 5 The inspection of the import and export commodities which are listed in the Catalogue shall be conducted by the commodity inspection authorities.
 
No import commodities specified in the preceding paragraph that are not inspected may be said or used; and no commodities specified in the preceding paragraph that fail to pass the inspection may be exported.
 
Among the import and export commodities specified in the first paragraph of this Article, those that meet the requirements for exemption from inspection, as prescribed by the State, may be exempted from inspection, if the consignee or consignor files an application and the application is approved by the State administration for commodity inspection after examination.
 
Article 6 By compulsory inspection of import and export commodities is meant the conformity assessment as to whether the import and export commodities included by decision in the Catalogue meet the compulsory requirements of the technical regulations of the State.
 
The procedures for conformity assessment include: sampling, testing and inspection; evaluation, verification and assurance of conformity; and registration, accreditation and approval as well as their combinations.
 
Article 7 The import and export commodities which are listed in the Catalogue shall be inspected in accordance with the compulsory requirements of the technical regulations of the State. With regard to tho******modities for which compulsory requirements of the technical regulations of the State have not yet been formulated, such requirements shall be formulated in time according to law. Before their formulation, tho******modities may be inspected with reference to the relevant foreign standards designated by the State administration for commodity inspection.
 
Article 8 The inspection bodies permitted by the State administration for commodity inspection may provide inspection and survey services in respect of the import and export commodities as entrusted by parties involved in foreign trade or by foreign inspection bodies.
 
Article 9 Import and export commodities or items subject to inspection by other inspection bodies, as provided for by laws or administrative rules and regulations, shall be inspected in accordance with the provisions of relevant laws or administrative rules and regulations.
 
Article 10 The State administration for commodity inspection and the commodity inspection authorities shall, without delay, collect information on the inspection of import and export commodities and make it available to the relevant quarters.
 
The staff members of the State administration for commodity inspection and the commodity inspection authorities shall have the obligation to keep the commercial secrets of which they become aware in the course of fulfilling their duties of inspection of import and export commodities.
 
Chapter II Inspection of Import Commodities
 
Article 11 For import commodities which are subject to inspection by the commodity inspection authorities, as provided for by this Law, the consignee or his agent shall apply for inspection to the commodity inspection authorities located at the place he makes Customs declarations. The Customs shall check and release the commodities on the strength of the Documents for Customs Clearance issued by the commodity inspection authorities.
 
Article 12 For import commodities which are subject to inspection by the commodity inspection authorities, as provided for by this Law, the consignee or his agent shall, in the places and within the time limit specified by the commodity inspection authorities, accept inspection of the import commodities conducted by the commodity inspection authorities. The commodity inspection authorities shall complete the inspection and issue an inspection certificate within the time limit specified uniformly by the State administration for commodity inspection.
 
Article 13 Where the consignee of the import commodities other than those that are subject to inspection by the commodity inspection authorities, as provided for by this Law, finds that the import commodities do not meet the relevant quality requirements, are damaged or are short on weight or quantity, he shall apply to the commodity inspection authorities for inspection and the issuance of an inspection certificate if such a certificate is necessary for claiming compensation,.
 
Article 14 For important import commodities and complete sets of equipment in large size, the consignee shall, in accordance with the terms agreed upon in foreign trade contracts, conduct initial inspection or initial supervision over manufacturing or loading in the exporting country before shipment, over which the relevant competent departments shall tighten their supervision. The commodity inspection authorities may, when necessary, dispatch inspection officials to take part in such inspection and supervision.
 
Chapter III Inspection of Export Commodities
 
Article 15 For export commodities which are subject to inspection by the commodity inspection authorities, as provided for by this Law, the consigner or his agent shall, in the places and within the time limit specified by the commodity inspection authorities, apply for inspection to the commodity inspection authorities. The commodity inspection authorities shall complete the inspection and issue an inspection certificate within the time limit specified uniformly by the State administration for commodity inspection.
 
For the export commodities that are subject to inspection, as provided for by this Law, the Customs shall check and release the commodities on the strength of the Documents for Customs Clearance issued by the commodity inspection authorities.
 
Article 16 Export commodities which have passed the inspection conducted by the commodity inspection authorities and for which inspection certificates have been issued shall be declared for export within the time limit specified by the commodity inspection authorities. Re-application for inspection is necessary when the specified time limit expires.
 
Article 17 An enterprise manufacturing packagings for dangerous export commodities shall apply to the commodity inspection authorities for a test of the performance of such packagings. An enterprise producing dangerous export commodities shall apply to the same authorities for a test of the use of packagings. No permission shall be granted for the export of dangerous commodities kept in packagings which have not passed the test.
 
Article 18 For vessel holds or containers used for carrying perishable foods, the carrier or the exporter using the vessel holds or containers shall apply for inspection before loading. No permission shall be granted for loading and shipment until the vessel holds or containers have passed the inspection.
 
Chapter IV Supervision
 
Article 19 For the import and export commodities other than those that are subject to inspection by the commodity inspection authorities, as provided by this Law, the commodity inspection authorities may conduct random inspection in accordance with State regulations.
 
The State administration for commodity inspection may publicize the results of random inspection or notify the relevant departments of the random inspection.
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