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    Administrative Measures For Import And Export Commodities Certification

    2007/12/8 16:02:00 41868

    general provisions


    Article 1 in order to strengthen the management of the certification of import and export commodities, the present Measures are formulated in accordance with the regulations of the People's Republic of China on import and export commodities (hereinafter referred to as the commodity inspection law) and the regulations on the implementation of the import and Export Commodity Inspection Law of the People's Republic of China (hereinafter referred to as the "Implementation Regulations") and the relevant provisions of the state.

      


        

    The second way is applicable to the safety, hygiene and quality certification of import and export commodities.

    It includes the certification of export commodities entrusted by the importing countries or international professional certification bodies entrusted by the commodity inspection authorities.

      


        

    The third State commodity inspection bureau is responsible for the management of import and export commodities certification.

    The commodity inspection authorities directly under the State Administration of commodity inspection shall be responsible for the certification of import and export commodities.

    The inspection and certification bodies accredited by the commodity inspection authorities and the State Commodity Inspection Bureau shall, according to the agreement signed by the State Commodity Inspection Bureau with foreign counterparts, or accept the entrustment of foreign related agencies, implement the certification of import and export commodities.

      


        

    The fourth commodity inspection organs and the institutions designated by the State Commodity Inspection Bureau shall, according to the application, conduct the certification of import and export commodities, and issue certificates of authentication to the certified import and export commodities and their production enterprises, and permit the use of import and export commodity certification marks.

    The certification marks for import and export commodities are classified into safety signs, sanitary marks and quality marks.

     


        

    Fifth according to the provisions of relevant laws and administrative regulations, import and export drugs, measuring instruments, boiler pressure vessels, ships (including offshore platforms, main marine equipment and materials) and containers, aircraft (including aircraft engines, airborne equipment) and nuclear pressure equipment certification, other inspection and certification bodies are responsible for implementation.

                  


        

    The second chapter is import and export commodity certification.


        

    Sixth foreign manufacturers or their agents, China's export production enterprises or foreign trade units, can apply for import and export commodity safety, health or quality certification.

      


        

    The seventh import commodities that apply for safe and hygienic certification should conform to the standard requirements stipulated in our mandatory standards or certification agreements.

    The export commodities that apply for safe and hygienic certification should conform to the standards stipulated in the certification agreement or the strong national standard of the imported country.

    The import and export commodities that apply for quality certification shall conform to the standard requirements stipulated in the foreign trade contract or certification agreement.

    The export commodities that apply for import country certification and international professional certification should meet the standards stipulated by the certification bodies of import countries and international professional certification bodies.

      


        

    Eighth production enterprises that apply for import and export commodity certification shall meet the following requirements:


        

    (1) complete and correct product drawings, technical requirements and inspection procedures required for mass production of products.

      


        

    (two) ensure the production equipment, process equipment, measuring instruments, testing instruments and testing equipment required for the quality of products, components, components and raw materials.

      


        

    (three) export food processing enterprises should comply with the minimum hygienic requirements for export food factories and reservoirs and relevant hygienic laws and regulations.

      


        

    (four) the corresponding professional and technical personnel, technical workers and measuring and inspecting personnel can carry out production, inspection and test according to the drawings, technical documents and technical standards.

      


        

    (five) quality management system that meets the requirements of certification.

      


        

    The ninth article examines all kinds of import and export commodities certified enterprises. The food category may refer to the minimum hygienic requirements for export food factories and storehouses, and other kinds of commodities can be assessed according to the relevant quality licensing system.

      


        

    The tenth import certification shall be handled by the institutions designated by the State Commodity Inspection Bureau, and the inspection of the production enterprises and the inspection of their samples shall be organized.

    After examination and verification, the certificate issued by the State Commodity Inspection Bureau shall be issued, and the certification mark shall be granted.

      


        

    The eleventh export commodities certification is handled by the commodity inspection authorities directly under the State Commodity Inspection Bureau, and the inspection of the production enterprises and the inspection of their samples are organized.

    After examination and inspection, the certificate issued by the commodity inspection authority shall be issued, and the certification mark shall be granted. It shall also be submitted to the State Commodity Inspection Bureau for the record.

      


        

    The twelfth export commodities that require import or international certification marks should be submitted to the commodity inspection authorities for production by the manufacturer or the foreign trade business unit in order to successfully pass the certification and reduce unnecessary repetition. After the inspection is approved by the commodity inspection institution or the State Commodity Inspection Bureau, it will be applied to the importing country or the international professional certification body for certification.

      


        

    The thirteenth specific procedures for import and export commodity certification are carried out in accordance with the rules for the implementation of import and export commodity certification.

      


        

    Fourteenth inspection and certification bodies at home and abroad may apply to the State Commodity Inspection Bureau for approval.

    The authorized institutions shall undertake the examination of specified samples or the examination and routine supervision and inspection of production enterprises.

    Specific accreditation procedures and requirements shall be handled according to the provisions of the State Commodity Inspection Bureau.

      


        

    Fifteenth products certified by the national professional inspection commission approved by the State Commodity Inspection Bureau shall apply for import and export commodity certification, and the same items and standards shall not be examined and examined repeatedly within the validity period. The commodity inspection authorities shall carry out necessary supervision and inspection according to the provisions of these measures.

                    


        

    The third chapter is supervision and management.


        

    The sixteenth commodity inspection organs or the designated domestic and foreign organizations of the State Commodity Inspection Bureau shall conduct periodical supervision and inspection of the certified commodities and their production enterprises, and the supervision and inspection of the production enterprises shall not be less than once a year.

      


        

    The seventeenth certificated goods and their production enterprises have one of the following situations, the certification authority shall revoke its certification and stop its use certification mark:


        

    (1) in the supervision and inspection, it is found that it does not conform to the provisions of the second chapters, seventh and eighth of the present measures, and fails to meet the requirements within the prescribed time limit.


        

    (two) domestic and foreign users claim and return goods. After examination, the goods do not meet the requirements specified in the seventh chapter of the second chapter.


        

    The goods and their production enterprises whose certificates are revoked can be re applied after six months from the date of cancellation.

    If a production enterprise stops producing products that have been certified for more than one year, its certificate will automatically become invalid.

    The application procedure can be re processed after resumption of production.

      


        

    Eighteenth export commodities certified by the importing country or the international professional certification body shall be supervised and examined by the commodity inspection authorities or the institutions designated by the State commodity inspection bureau according to the certification agreement or the requirements of the foreign relevant institutions. If they fail to meet the requirements of the certification agreement, they shall be treated according to the provisions of the certification agreement.

      


        

    Nineteenth, the applicant has objection to the examination and inspection results of the institutions designated by the commodity inspection authorities or the State Commodity Inspection Bureau, and may apply for reexamination or reinspection according to the provisions of the implementing regulations.

      


        

    The twentieth import and export of certified commodities that are included in the list of import and export commodities implemented by the commodity inspection authorities shall still go through the inspection procedures according to the relevant laws and regulations of the state, and the commodity inspection authorities shall carry out supervision and inspection as required.

      


        

    The twenty-first types of certification and certification marks for import and export commodities are formulated and promulgated by the State Commodity Inspection Bureau.

      


        

    Article twenty-second Whoever illegally uses and sells, forges or pfers certification certificates or certification marks shall be punished according to the relevant provisions of the commodity inspection law and its implementation regulations.

                    


        

    Fourth chapter supplementary provisions


        

    Twenty-third goods that implement the import and export safety and quality permit system shall be handled according to the relevant provisions of the State Commodity Inspection Bureau.

      


        

    The twenty-fourth applicant shall pay the fee according to the regulations, and the specific fee items and standards shall be separately stipulated.

      


        

    Twenty-fifth the relevant institutions and personnel shall keep confidential the technology of applying for certification, the production and inspection techniques, inspection and examination results of the production enterprises, and protect the legitimate rights and interests of the applicants.

      


        

    Twenty-sixth domestic and foreign manufacturers or their agents who apply for certification shall provide necessary working conditions for those who conduct examination and routine supervision and inspection to the production enterprises.

      


        

    The twenty-seventh way is to be explained by the State Commodity Inspection Bureau.

      


        

    The twenty-eighth measures shall come into force on December 1, 1993.

    The regulations on the administration of import and export commodities certification (Trial Implementation) issued in August 22, 1988 shall be abolished simultaneously.


        

    Promulgation unit: Commodity Inspection Bureau

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