PROVISIONS FOR THE EXEMPTION OF IMPORT AND EXPORT COMMODITIES FROMINSPECTION (FOR TRIAL IMPLEMENTATION)
PROVISIONS FOR THE EXEMPTION OF IMPORT AND EXPORT COMMODITIES FROMINSPECTION (FOR TRIAL IMPLEMENTATION)
(Promulgated on January 11, 1990)
Whole Doc.
Article 1
These Provisions are formulated in accordance with the stipulations
of Article 5 of the Law of the People's Republic of China on Inspection of
Import and Export Commodities.
Article 2
An import or export commodity included in the List of Import and
Export Goods Subject to the Control of Commodity Inspection Agencies or
required by other laws or administrative decrees to be inspected by these
agencies may be exempted from inspection, if an application is filed by
the consignee or consigner (hereinafter referred to as the applicant for
short) and approved by the State commodity inspection authorities.
Article 3
The applicant may ask for exemption in any of the following cases:
(1) If the commodity has won an international quality award no more
than 3 yea rs prior to the application;
(2) If the quality of the commodity has been stable for a long time,
as confirmed by a competent international organization recognized by the
State commodity inspection authorities and proved by a commodity
inspection agency through inspection;
(3) For an export commodity, if for 3 years running its quality has
been found to be indisputably 100 percent up-to- standard ex-factory and
during inspection by a commodity inspection agency; and
(4) For an import commodity, if for 3 years running its quality has
been proved 100 percent up-to-standard through inspection by a commodity
inspection agency and the user and has won favorable comments from users
and consumers.
Article 4
For the import or export of non-trade article within certain
quantitative limits, the applicant may apply directly to the State
commodity inspection authorities for an exemption certificate on the
strength of the approval documents, certificates and relevant papers
issued by the competent department of a provincial, autonomous regional or
municipal people's government or of the State Council, and perform the
formalities for clearance with a commodity inspection agency in accordance
with the relevant articles of these Provisions.
Exhibits, gifts and samples to be imported or exported may be
exempted from inspection with the approval of the local commodity
inspection agency which shall then perform the formalities for clearance
on the strength of the relevant certificates presented by the applicant.
Article 5
Commodities which can endanger safety or public health and those for
which there are special requirements are not eligible for exemption from
inspection.
Article 6
The applicant asking for exemption from inspection of import or
export commodities shall file a written application with the State
commodity inspection authorities, fill an application form, and produce
the relevant documents (including certificates of awards, letters of
confirmation, certificates of qualification rates, users' feedback,
production technology, quality standards for internal control, testing
methods, and other data and documents bearing on the ultimate quality of
the products).
The applicant for inspection of export goods exemption shall also
present the comments made after preliminary examination by the commodity
inspection agencies of the places where the applicant is located and where
the goods are produced.
Article 7
The State commodity inspection authorities shall organize a team of
specialists to check up on the commodities for which exemption from
inspection has been requested, the production conditions of the
manufacturers and the relevant data, and to conduct sample tests of the
said commodities.
Article 8
On the basis of examination and testing, the specialists' team shall
produce a written examination report and, after approval by the State
commodity inspection authorities, issue an exemption certificate to the
applicant, which shall be published.
The valid period of an exemption certificate shall be determined by
the approving agency and generally shall not exceed 2 years.
Article 9
The applicant that has obtained approval for exemption from
inspection of import or export commodities shall perform the formalities
for clearance with a commodity inspection agency by presenting effective
exemption certificates, contracts, letters of credit, quality certificates
issued after factory inspection of that consignment of commodities, and
the original inspection records, and pay the clearance fees. For
commodities exempted from inspection that need inspection certificates,
the commodity inspection agencies may issue such certificates on the
strength of the applicant's inspection results.
Article 10
The applicant-as well as the import and export commodities exempted
from inspection-shall be subject to the supervision and control of
commodity inspection agencies and the State commodity inspection
authorities. Commodity inspection agencies may conduct sample inspection
of the exempted goods and, if quality problems are found with these goods,
shall refuse to carry out the clearance procedures and promptly report the
matter to the State commodity inspection authorities and, if necessary,
propose to the said authorities that the goods be disqualified from
inspection exemption.
Article 11
After receiving such reports from commodity inspection agencies or
complaints from domestic or overseas users, the State commodity inspection
authorities shall promptly organize a team of specialists to conduct
sample examination of the exempted goods, disqualify those goods for
exemption from inspection that do not conform to the prescribed
conditions, and make public the decision.
Article 12
The applicant that has obtained approval for exemption from
inspection of export goods shall send semi- annual reports on the
production and the quality of the exempted goods to the State commodity
inspection authorities and submit copies of the reports to commodity
inspection agencies in the places where the applicant and the producers
are located.
Article 13
During the exemption period, the applicant may not alter the
property, structure or manufacturing process of the goods exempted from
inspection. If alterations are made, the applicant must go anew through
the examination and approval formalities for exemption from inspection.
Article 14
No more than four months prior to the expiration of the exemption
period, the applicant may apply for continued exemption, which may be
granted for a certain period after re-examination and approval by the
State commodity inspection authorities.
Article 15
An applicant that has obtained approval for exemption from inspection
of disqualified goods by fraudulent means or by concealing the facts to
deceive the State commodity inspection authorities and agencies shall be
penalized in accordance with the stipulations of the Law of the People's
Republic of China on Inspection of Import and Export Commodities and other
pertinent laws and decrees.
Article 16
Those who forge, sell or buy exemption certificates or use the
exemption certificates of others shall be penalized in accordance with the
stipulations of the Law of the People's Republic of China on Inspection of
Import and Export Commodities and other pertinent laws and decrees.
Article 17
Surveyors who abuse their power, neglect their duty, practice
favoritism for selfish interests, or forge inspection results in examining
or approving application or in conducting routine sample check-ups on the
goods exempted from inspection shall be disciplined or punished according
to law on the merits of each case.
Article 18
The applicant shall pay the prescribed fees for exemption from
inspection.
Article 19
When the State commodity inspection authorities and agencies examine,
check or conduct sample inspection in enterprises producing goods for
which exemption from inspection has been sought, the applicant shall help
to facilitate their work.
Article 20
These Provisions shall go into effect on April 1, 1990.
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