(Promulgated by the State Administration of Import and Export Com-modity Inspection on August 21, 1989)
(Promulgated by the State Administration of Import and Export Com-modity Inspection on August 21, 1989)
Whole Doc.
With a view to strengthening the administrative work of application
for inspection of import and export commodities, these provisions are
formulated in accordance with the relevant articles of the Law of the
People's Republic of China on Import and Export Commodity Inspection.
Article 1 Application Units
(1) Domestic enterprises authorized to engage in import and export
business;
(2) Receivers (consignee) of import commodities or their agents;
(3) Manufacturers producing export commodities;
(4) Parties involved in foreign trade;
(5) Chinese-foreign equity joint ventures, Chinese-foreign
contractual joint ventures and wholly foreign-owned enterprises;
(6) Representative offices of foreign enterprises and trade
corporations in China.
Article 2 Scope of Application for Inspection
(1) Import and export commodities included in the List of
Commodities;
(2) Sanitary inspection and quarantine of export food and quarantine
of export animal products;
(3) Performance testing and usage testing of packagings (pressure
vessels or containers) for dangerous export goods;
(4) Vessels and containers used for carrying export perishable food;
(5) Import and export commodities subject to inspection by the
commodity inspe ction authorities under other laws or administrative rules
and regulations;
(6) Commodities which can be permitted for import must be subject to
the certificates issued by the commodity inspection authorities in
accordance with the agreement between the competent departments of China
and those of the importing countries;
(7) Commodities subject to inspection and certification by the
commodity inspection authorities as specified in the foreign trade
contracts or letter of credits;
(8) Superintending and surveying services upon application by the
parties involved in foreign trade;
(9) Inspection services upon entrustment.
The commodity inspection authorities will not accept the application
for inspection, if there is any one of the following conditions:
(1) Export commodities subject to inspection have been shipped out
without inspection;
(2) Commodities do not belong to the scope of commodity inspection in
accordance with the division of work.
Article 3 Documents / Certificates Required for Application for Inspection
(1) The applicants when applying for inspection of import
commodities, shall submit the foreign trade contracts, foreign invoices,
bill of lading, packing list and the Notice for Arrival of Imported Goods;
Those applying for quality inspection of import commodities shall
submit the quality certificates of foreign countries, instruments of usage
relative standards and technical materials. If the contract is concluded
based on samples, the transaction samples must be attached accordingly;
Those who applying for survey on damage goods shall submit the
relative documents/certificates, such as tallying sheet of damage goods,
the railway commercial records, the air accident records or the marine
reports;
Those who applying for weight (quantity) survey shall submit the
description of weight and tallying sheet, etc.;
Import commodities subject to inspection and receipt by the receivers
and end-users, or subject to inspection by other units, are required to be
attached with the inspection and receipt records, weight description and
report of inspection findings.
(2) The applicants when applying for inspection of export commodities
shall submit foreign trade contracts, (confirmation letters), L/C and
relative documents/certificates and letters. If the contract is concluded
based on samples, the samples confirmed by two parties are required to be
attached. Those who apply for preliminary inspection of export commodities
shall submit the necessary inspection basis.
If the commodities subject to preliminary inspection are to be
exported against the inspection certificates issued by the local commodity
inspection authorities the preliminary inspection results shall be
attached.
Commodities subject to inspection by the other commodity inspection
authorities must be attached with the original copy of "List of Exchanging
Inspection Certificates of Export Commodities".
Any commodities which must make sanitary registration and export
quality license with the commodity inspection authorities shall be
attached with the sanitary registration certificates issued by the
commodity inspection authorities, the qualified inspection report issued
by the factory or the export quality license.
If frozen, aquatic, animal products and canned food are required to
go through formalities for sanitary registration certificates, the
sanitary registration certificates issued by the commodity inspection
authorities and the qualified inspection report issued by the factory must
be presented to the commodity inspection authorities.
(3) Application for inspection of superintending and surveying
services The pa rties involved in foreign trade when applying for
superintending and surveying services shall submit the relevant contracts,
foreign invoices, bill of lading (transport bill of lading), commercial
records, weight descriptions, cargo manifests, storage plan, letters by
shippers or writing instruments, marine reports or other relative
certificates.
(4) Application for inspection of packaging inspection of dangerous
goods
((1)) The applicants when applying for testing on performance of
packagings of dangerous goods must submit the relevant documents such as
standards for products and processing specifications, etc.;
((2)) The applicants when applying for testing on usage of packagings
of dangerous goods must submit the performance testing report and the
relative documents and certificates.
(5) Application for inspection of entrustment inspection
((1)) The applicants shall submit the samples for inspection and
state the inspection requirements, and if necessary shall submit the
relevant standard for inspection or inspection methods;
((2)) Foreign parties when applying for entrustment inspection and
surveying services shall submit the relevant letters and materials.
Article 4 Time-limit and Place of Application for Inspection
After arrival of the import commodities which are subject to
inspection by the commodity inspection authorities, the receivers or the
forwarding agents shall make registration for import commodities with the
commodity inspection authorities located at the arrival port or the
station of arrival against the "Notice of Arrival of Imported Goods" or
other relative documents/certificates;
For import commodities which are included in the List of Commodities
and for import commodities which are not included in the List of
Commodities, but subject to inspection certificates issued by the
commodity inspection authorities, against which claim may be claimed, the
receivers and end-users or their agents shall apply for inspection to the
commodity inspection authorities located at the destination of goods
within the time-limit at least before 1/3 valid period for claim. If the
valid period for claim is limited to accomplish the inspection procedures
for issuing certificates the applicants must make an application for
extension of the claim period with the foreign parties in advance;
Application for inspection of damage survey on damaged import
commodities are in general made at the arrival port;
Application for inspection of weight survey on large quantity of
import commodities in bulk are in general made at the arrival port;
For a batch of import commodities which will be distributed to
several places, the receivers or their agents shall apply to the commodity
inspection authorities located at the port for inspection and issuance of
certificates. Those which can not be inspected at the port by batches due
to some certain reasons shall apply for inspection at another place.
For export commodities, application for inspection shall be made at
least 10 days before declaration to the Customs or before shipment. For
some special export commodities which need longer time for inspection,
appropriate time shall be kept for sampling and inspection.
Article 5 Requirements of Application for Inspection
(1) The applicants must fill in the application in accordance with
the requirements. Being of clear writing, accurate, complete in filled
items, and identical Chinese and English version, and with stamps of the
application units, one copy of the application is only to refer to one
batch on commodities. No change or alternation of the contents of the
application can be made;
(2) If the applicants, have some special requirements about the
contents of the inspection certificate, they shall make a statement on the
application of inspection in advance;
(3) The applicants when applying for inspection shall pay the
inspection fee in accordance with the provisions;
(4) The applicants shall arrange the time for sampling inspection
procedures, and testing and provide the necessary working conditions for
sampling, inspection and testing.
(5) For export commodities which have completed the application
procedures for inspection, if the L/C is required to be revised by foreign
letters, which refers to some commodity inspection clauses, the applicants
must present the revised letter to the commodity inspection authorities
and go through the formalities for modifying the clauses related.
(6) The applicants when withdrawing the application for inspection
due to some special reasons, shall proceed with the cancellation of
application for inspection by making a written statement.
(7) The applicants, what taking the inspection certificates shall
sign their accurate names and time, and keep the certificate in a proper
way. The various kinds of certificates shall be used in accordance with
their special requirements and will not be mixed up for use.
Article 6 Modification of Certificates and Documents
(1) The applicants when deemed necessary, have reasonable reasons to
require t o modify or add/remit the contents of the various kinds
certificates and documents issued by the commodity inspection authorities,
they must make an application to the original commodity inspection
authority which issued the certificates and present all the certificates
and documents originally issued. Subject to examination and approval, the
relevant certificates documents may be modified or reissued by the
original commodity inspection authority.
(2) If the inspection certificates issued by the inland commodity
inspection authorities are found some problems which refer to the
modification and the contents of inspection items, the applicants shall
contact with the original commodity inspection authority which issued the
inspection certificate to deal with the relative matters.
(3) The applicants must strictly abide by the Law of the People's
Republic of China on Import and Export Commodity Inspection and the
relevant administrative laws, rules and regulations, no commodity
inspection certificates can be allowed purposely to be altered, falsified,
remade and illegally assigned.
Article 7 The Time-limit for Shipment
The export commodities subject to inspection by the commodity
inspection authorities which have been issued the inspection certificate
or releasing notices shall be in general shipped out within 2 months since
the date of issuing the certificates or documents, while the fresh and
live commodities shall be shipped out within two weeks. If the export
commodities are not shipped out within the above- mentioned time-limit,
the application for reinspection must be made with the commodity
inspection authorities, and all inspection certificates and releasing
notices issued originally must be returned respectively.
Article 8
The right of interpreting these Provisions resides in the State
Administration of Import and Export Commodity Inspection.
Article 9
These Provisions shall go into effect on the date of their
promulgation.
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