LAW OF THE PEOPLE'S REPUBLIC
OF CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION
(Adopted at the Sixth Meeting of the Standing Committee of the
Seventh National People's Congress on February 21, 1989 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)
Contents
Chapter I General Provisions.
Article: 1 2 3
4 5 6
7 8
Chapter II Inspection
of Import Commodities. Article: 9 10
11 12
Chapter III Inspection
of Export Commodities. Article: 13 14
15 16
Chapter IV Supervision
and Administration. Article: 17 18
19 20 21
22 23 24
25
Chapter V Legal Responsibility.
Article: 26 27
28 29
Chapter VI Supplementary
Provisions. Article: 30 31
32
Chapter I General Provisions
Article 1
This Law is enacted with a view to strengthening the inspection
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 China's
economic and trade relations with foreign 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), which shall be in charge of the inspection
of
import and export commodities throughout the country. The local
import and
export commodity inspection authorities (hereinafter referred
to as the
commodity inspection authorities) set up by the State Administration
for
Commodity Inspection shall be responsible for the inspection of
import and
export commodities within areas under their jurisdiction.
Article 3
The commodity inspection authorities and other inspection organizations
designated by the State Administration for Commodity Inspection
and the
commodity inspection authorities shall, in accordance with the
law,
perform the inspection of import and export commodities.
Article 4
The State Administration for Commodity Inspection shall, in the
light of
the needs in the development of foreign trade, make, adjust and
publish a
List of Import and Export Commodities Subject to Inspection 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 import and export commodities subject to inspection
by the
commodity inspection authorities under other laws or administrative
rules
and regulations must be inspected by the commodity inspection
authorities
or inspection organizations designated by the State Administration
for
Commodity Inspection or the commodity inspection authorities.
No
permission shall be granted for the sale or use of import commodities
specified in the preceding paragraph until they have undergone
inspection;
and no permission shall be granted for the export of export commodities
specified in the preceding paragraph until they have been found
to be up
to standard through inspection. Import and export commodities
specified in
the first paragraph of this Article may be exempted from inspection
upon the
examination and approval of an application from the consignee
or consignor
by the State Administration for Commodity Inspection.
Article 6
Inspection on import and export commodities performed by the commodity
inspection authorities shall cover quality, specifications, quantity,
weight, packing and the requirements for safety and hygiene.
Import and export commodities governed by compulsory standards
or other
inspection standards which must be complied with as provided for
by laws
or administrative rules and regulations shall be inspected in
accordance
with such inspection standards; in the absence of such stipulations,
import and export commodities shall be inspected in accordance
with the
inspection standards agreed upon in the foreign trade contracts.
Article 7
Import and export commodities or items subject to inspection by
otherinspection
organizations under laws or administrative rules and regulations
shall be
inspected in accordance with the provisions of relevant laws or
administrative
rules and regulations.
Article 8
The State Administration for Commodity Inspection and the commodity
inspection authorities shall collect information on the inspection
of
import and export commodities and make it available to the relevant
circles.
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 consignee
must
register them with the commodity inspection authorities located
at the
port of discharge 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 seal of the commodity inspection
authorities affixed to the Customs declaration.
Article 10
For import commodities which are subject to inspection by the
commodity
inspection authorities in accordance with this Law, the consignee
shall
apply to the same authorities for inspection in places and within
the time
limit specified by them. The commodity inspection authorities
shall
accomplish the procedures for inspection and issue an inspection
certificate within the period of validity of claims prescribed
in a
foreign trade contract.
Article 11
If import commodities other than those which are subject to inspection
by
the commodity inspection authorities in accordance with this Law
are found
to be not up to the quality standard, damaged or short on weight
or
quantity, the consignee 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 12
For important import commodities and a complete set of equipment
in large
size, the consignee shall, in accordance with the terms agreed
upon in a
foreign trade contract, conduct initial inspection or initial
supervision
over manufacturing or loading in the exporting country before
shipment,
while the relevant competent departments shall strengthen their
supervision. The commodity inspection authorities may, when necessary,
dispatch inspection personnel to take part in such 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 consignor
shall
apply to the same authorities for inspection in the places and
within the
time limit specified by them. The commodity inspection authorities
shall
accomplish the procedures for inspection and issue a certificate
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 certificate or the
paper for
release issued by the commodity inspection authorities or the
seal of the
same authorities affixed to the Customs declaration.
Article 14
Export commodities which have been inspected and passed by the
commodity
inspection authorities and for which an inspection certificate
or a paper
for release has been issued by the same authorities shall be declared
for
export and shipped out of the country within the time limit specified
by
the same authorities. Failing to meet the time limit shall entail
reapplication for inspection.
Article 15
An enterprise manufacturing packagings for dangerous export goods
must
apply to the commodity inspection authorities for a test of the
performance of such packagings. An enterprise producing dangerous
export
goods must apply to the same authorities for a test of the use
of
packagings. No permission shall be granted for the export of dangerous
goods kept in packagings which have not passed a test.
Article 16
For vessel holds or containers used for carrying perishable foods,
the
carrier or the organization using the containers shall apply for
inspection before loading. No permission shall be granted for
loading and
shipment until the relevant conditions are passed by the inspectors.
Chapter IV Supervision and Administration
Article 17
The commodity inspection authorities may make a random inspection
of
import and export commodities beyond those subject to inspection
by the
commodity inspection authorities in accordance with this Law.
No
permission shall be granted for the export of export commodities
found to
be substandard in a random inspection.
Article 18
The commodity inspection authorities may, when necessary, 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 of export commodities before they leave the
factory.
Article 19
The commodity inspection authorities may undertake the quality
certification of import and export commodities on the basis of
agreements
signed between the State Administration for Commodity Inspection
and the
foreign bodies concerned or upon entrustment by the foreign bodies
concerned. They may permit the use of quality certification marks
on
import and export commodities which have been given quality certification.
Article 20
The State Administration for Commodity Inspection and the commodity
inspection authorities shall, on the basis of the requirements
in their
inspection, entrust competent inspection organizations at home
and abroad
with the inspection of import and export commodities after examining
their
qualifications.
Article 21
The State Administration for Commodity Inspection and the Commodity
inspection authorities shall exercise supervision over the import
and
export commodity inspection conducted by the inspection organizations
designated or approved by them and may make a random inspection
of the
commodities which have been inspected by such organization.
Article 22
The State shall, when necessary, institute a quality licence system
for
important import and export commodities and their manufacturers.
The
specific measures thereof shall be drawn up by the State Administration
for Commodity Inspection in conjunction with the relevant competent
departments under the State Council.
Article 23
The commodity inspection authorities may, when necessary, place
commodity
inspection marks or sealings on import and export commodities
proved to be
up to standard through inspection.
Article 24
In case an applicant for the inspection of import and export commodities
disagrees with the results of inspection presented by the commodity
inspection authorities, he may apply for re-inspection to the
same
authorities, to those at the next higher level or to the State
Administration for Commodity Inspection. The conclusion on re-inspection
shall be made by the commodity inspection authorities or the State
Administration for Commodity Inspection which has accepted the
application
for re-inspection.
Article 25
The commodity inspection authorities, the inspection organizations
designated by them and other inspection organizations approved
by the
State Administration for Commodity Inspection may handle the business
of
superintending and surveying import and export commodities as
entrusted by
parties involved in foreign trade or by foreign inspection bodies.
The scope of business of superintending and surveying import and
export
commodities shall cover: inspection of the quality, quantity,
weight and
packing of import and export commodities; inspection of cargoes
with
respect to general or particular average; inspection of container
cargoes;
damage survey of import cargoes; inspection of technical conditions
for
the shipment of exports; measurement of dead tonnage; certification
of the
origin or value of exports and other superintending and surveying
services.
Chapter V Legal Responsibility
Article 26
Anyone who, in violation of the relevant provisions of this Law,
purposely
markets or uses import commodities which are included in the List
of
Commodities or subject to inspection by the commodity inspection
authorities in accordance with other laws or administrative rules
and
regulations without having such commodities inspected, 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 other laws or administrative rules and regulations
without
having such commodities inspected and proved up to standard shall
be fined
by the commodity inspection authorities. If the circumstances
are serious
and cause heavy economic losses, the criminal responsibility of
the
personnel directly responsible shall be investigated by applying
mutatis
mutandis the provisions of Article 187 of the Criminal Law.
Anyone who, in violation of the provisions of Article 17 of this
Law,
purposely exports export commodities which have been found substandard
during a random inspection by the commodity inspection authorities,
shall
be punished in accordance with the provisions of the preceding
paragraph.
Article 27
If the falsifying or remaking of the certificates or documents,
seals or
stamps, marks, sealings or quality certification marks for commodity
inspection constitutes a crime, the criminal responsibility of
the
personnel directly responsible shall be investigated by applying
mutatis
mutandis the provisions of Article 167 of the Criminal Law; if
the
circumstances are minor, the offender shall be fined by the commodity
inspection authorities.
Article 28
If a party refuses to accept the punishment decision of the commodity
inspection authorities, he may, within 30 days of receiving the
notice on
the punishment, apply for reconsideration to the same authorities
which
have made the punishment decision, to those at the next higher
level or to
the State Administration for Commodity Inspection. If the party
refuses
to accept the decision on the reconsideration, he may, within
30 days of
receiving the notice on the reconsideration decision, bring a
suit nor
complies with the punishment decision within the prescribed time
limit,
the commodity inspection authorities which have made the punishment
decision shall apply to a court of law for compulsory execution.
Article 29
Any functionary of the State Administration for Commodity Inspection
or of
the commodity inspection authorities or any of the inspection
personnel of
the inspection organizations designated by the State Administration
for
Commodity Inspection and the commodity inspection authorities
who abuses
his power, commits irregularities for the benefit of his relatives
or
friends, falsifies inspection results or fails to conduct inspection
and
issue a certificate within the time limit through dereliction
shall,
depending on the seriousness of the circumstances, be given administrative
sanction, or his criminal responsibility shall be investigated
according
to law.
Chapter VI Supplementary Provisions
Article 30
The commodity inspection authorities and other inspection organizations
shall collect fees according to relevant provisions for carrying
out
inspection or performing superintending and surveying services
in
accordance with the provisions of this Law. The procedures for
collecting
fees shall be drawn up by the State Administration for Commodity
Inspection in conjunction with the competent departments under
the State
Council.
Article 31
Rules for the implementation of this Law shall be formulated by
the State
Administration for Commodity Inspection and shall come into force
after
being submitted to and approved by the State Council.
Article 32
This Law shall come into force as of August 1, 1989. The Regulations
of
the People's Republic of China on the Inspection of Import and
Export
Commodities promulgated by the State Council on January 28, 1984
shall be
invalidated as of the same date.
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