Exemption From Inspection Of Import And Export Commodities

Article 1 in order to ensure the quality of import and export commodities and promote the smooth development of foreign trade relations, these measures are formulated in accordance with the provisions of the Fifth Law of the People's Republic of China import and Export Commodity Inspection Law and the eighth regulations on the implementation of the import and Export Commodity Inspection Law of the People's Republic of China.

    

Second import and export commodities that are listed in the catalogue of import and export commodities that are inspected by the commodity inspection authorities shall be submitted by consignees, consignors and manufacturers (hereinafter referred to as applicants), and the State Commodity Inspection Bureau shall be exempt from inspection if they are examined and approved by the State Council for commodity inspection.

    

Article third applicants for exemption from inspection shall have the following conditions:

    

A production enterprise that applies for exemption from inspection and import and export commodities must establish a sound quality system.

The production enterprises of imported goods shall be examined by the relevant institutions authorized by the State Commodity Inspection Bureau or with the certification agreement, and the certificates of quality system accreditation issued by them shall be obtained.

The production enterprises of export commodities shall be approved by the working committee of the quality system of Chinese Export Commodities (ISO9000) and examined by the accreditation bodies registered by the State Commodity Inspection Bureau.

    

Two the quality of import and export commodities that apply for exemption from inspection should be stable for a long time, and the qualified rate of commodity inspection institutions will reach 100% for 3 consecutive years.

    

Three there is no quality objection to the import and export commodities of Chinese consumers or exported goods.

    

Fourth import and export commodities that involve safety, hygiene and the following special requirements cannot be applied for exemption from inspection.

    

Grain, oil, food, toys, cosmetics, electrical appliances, etc.

    

Two commodities listed in the import and export safety and quality permits; three commodities that are easy to change or goods in bulk;

    

Four the contract requires commodities to be settled in accordance with the ingredients and contents listed in the commodity inspection certificate.

    

Five containers for import and export of dangerous goods.

    

Fifth the applicant applies for exemption from examination according to the following procedures:

    

An applicant shall fill in and submit an application form for exemption from inspection and related materials to the State Commodity Inspection Bureau (including: the quality standard of the qualification certificate for the quality system, the production process document, the certificate of commodity inspection pass rate, the preliminary examination opinion of the commodity inspection organ, and the user's opinion).

The application form for exemption from inspection and the form for preliminary examination of commodity inspection authorities are attached.

    

Two if the applicant applies for the exemption of export commodities, the application for exemption from inspection shall be submitted to the State Commodity Inspection Bureau after the inspection agencies in the location of the production enterprise should carry out the preliminary examination in accordance with the present Measures and the relevant provisions.

    

The Sixth State Commodity Inspection Bureau received the application for exemption submitted by the applicant. After examination, the application for exemption was processed as follows:

    

If an exemption application is in conformity with the provisions of these measures, it shall be accepted.

    

Two if the content of the exemption is incomplete, or if the attached documents are incomplete, the application for exemption from examination will be returned to the applicant and the certificate will be added within a time limit.

Overdue and no compensation is regarded as a cancellation application.

    

Three if the application for exemption is not in conformity with the provisions of these measures, it shall not accept the application and notify the applicant in writing.

    

The seventh State Commodity Inspection Bureau shall organize an expert examination team to conduct examination and examination of the application for exemption from inspection.

The members of the expert review group should generally have the qualification of the export commodity quality system assessor, and the group leader should generally have the qualification of the chief assessor.

The head of the expert review team leads the examination and examination.

    

The eighth is that the applicant considers that the members of the expert review group are interested in the work of exemption from examination, or may affect the open examination.

The withdrawal of members of the expert review team shall be decided by the State Commodity Inspection Bureau.

    

The ninth expert review group will work according to the following procedures:

    

(1) examine the application form and relevant information submitted by the applicant;

    

Two review the preliminary examination forms and examination reports of commodity inspection authorities.

    

Three to study and formulate the exemption inspection scheme;

    

Four to inspect and test the commodities which are exempt from inspection, and submit the test reports;

    

Five, the production enterprises shall be assessed according to the exemption inspection scheme and the relevant provisions.

    

Six make a review conclusion and submit a written review report.

    

The tenth State Commodity Inspection Bureau shall, according to the examination report submitted by the expert review group, make the following treatment for the application of exemption from examination submitted by the applicant: in conformity with the provisions of these measures, it shall approve its application and issue a certificate of exemption from inspection.

If it fails to comply with the provisions of these measures, it shall notify the applicant in writing without approving its application.

    

The validity period of the eleventh exemption certificate shall be determined by the State Commodity Inspection Bureau, usually not exceeding 3 years.

    

Twelfth applicants who are permitted to exempt import and export commodities from the import and export commodities shall go through the formalities of clearance to the commodity inspection authorities on the basis of valid exemption certificates, foreign trade contracts, letters of credit and quality certificates of the goods.

A commodity inspection exemption certificate is required for export inspection. The commodity inspection authority may issue the certificate of commodity inspection according to the quality certificate issued by the applicant. The quantity, quality and packaging items shall be inspected in accordance with the relevant provisions and issued the certificate of commodity inspection.

    

The thirteenth manufacturers of import and export commodities permitted to be exempt from inspection shall be subject to the supervision and administration of commodity inspection authorities in accordance with the relevant provisions.

The commodity inspection authorities may conduct spot checks on import and export commodities permitted to be exempted from inspection, and do not apply for exemption from inspection and release procedures if quality problems are found.

    

Fourteenth, the State commodity inspection bureau receives the reports on the quality of the import and export commodities approved by the domestic and foreign users or the reports of the commodity inspection authorities, and organizes the expert review group to conduct spot checks on the inspection free commodities according to the circumstances, and to make examination conclusions.

    

Fifteenth applicants and manufacturers of import and export commodities permitted to be exempt from inspection shall not change the performance structure and manufacturing process of import and export commodities permitted to be exempted from inspection.

If there is any change, the examination and approval procedures for re examination should be re processed.

    

The sixteenth applicant can apply for extension of validity within 4 months before the expiration of the exemption certificate. After being qualified by the State Administration of commodity inspection, the validity period of the exemption can be extended for a period of not more than 3 years.

    

Article seventeenth when an applicant applies for exemption from examination procedures and permits export exemption from examination, he shall pay the fee according to the regulations.

    

The eighteenth applicant shall be punished in accordance with the regulations on the implementation of the import and Export Commodity Inspection Law of the People's Republic of China and the relevant laws and administrative regulations.

    

In the process of examination, examination, approval or routine work, nineteenth commodity inspection staff members violate the provisions of this law, abuse their powers, neglect their duties and commit malpractices for selfish ends, and shall be given administrative sanctions according to the seriousness of the cases.

If the circumstances are serious enough to constitute a crime, they shall be investigated for legal responsibility according to law.

    

The twentieth measures shall come into force on October 1, 1994, and the measures for exemption of import and export commodities issued by the State Commodity Inspection Bureau in January 11, 1990 (for Trial Implementation) shall be abolished simultaneously.