Law Of The People'S Republic Of China On The Inspection Of Import And Export Commodities

Law of the People's Republic of China on the Inspection of Import and Export Commodities

(the sixth session of the Standing Committee of the Seventh National People's Congress in February 21, 1989 adopted the announcement of the Decree No. fourteenth of the president of the People's Republic of China in February 21, 1989).

    

general provisions

    

Article 1 this law is formulated in order to strengthen the inspection of import and export commodities, ensure the quality of import and export commodities, safeguard the legitimate rights and interests of all parties involved in foreign trade, and promote the smooth development of foreign economic and trade relations.

    

Second the State Council establishes the import and export commodity inspection department (hereinafter referred to as the State commodity inspection department), which is in charge of the import and export commodity inspection work of the whole country.

The import and export commodity inspection institutions (hereinafter referred to as commodity inspection authorities) set up by the State commodity inspection departments shall be responsible for the inspection of import and export commodities in the areas under their jurisdiction.

    

The third commodity inspection organs and the inspection organizations designated by the State commodity inspection departments and commodity inspection organs shall carry out inspection on import and export commodities according to law.

    

The fourth national commodity inspection department shall, in accordance with the needs of foreign trade development, formulate, adjust and publish the list of import and export commodities implemented by the commodity inspection authorities (hereinafter referred to as "species list").

    

The fifth import and export commodities listed in the "species list" and other import and export commodities that are required to be inspected by the commodity inspection authorities by laws and administrative regulations must be inspected by the inspection organizations designated by the commodity inspection authorities or the State commodity inspection departments and commodity inspection authorities.

If the import commodities stipulated in the preceding paragraph are not inspected, they are not allowed to be sold or used; the export commodities specified in the preceding paragraph are not allowed to be exported if they have not been inspected.

The import and export commodities specified in the first paragraph of this article shall be exempted from inspection by the consignee and consignor for examination and approval by the State commodity inspection authorities.

    

The sixth commodity inspection organs shall implement the contents of import and export commodity inspection, including the quality, specifications, quantity, weight, packaging, and whether they meet the requirements of safety and hygiene.

Import and export commodities that have mandatory standards or other inspection standards that must be enforced by laws and administrative regulations shall be inspected in accordance with the inspection standards stipulated by laws and administrative regulations. If there are no mandatory standards or other inspection standards that must be implemented in laws and administrative regulations, they shall be inspected in accordance with the inspection standards specified in the foreign trade contracts.

    

Seventh import and export commodities or inspection items that are subject to inspection by other inspection bodies in accordance with laws and administrative regulations shall be handled in accordance with relevant laws and administrative regulations.

    

The eighth State commodity inspection departments and commodity inspection authorities shall collect and provide information on the inspection of import and export commodities to relevant parties.

    

The second chapter is the inspection of import commodities ninth. The consignee of the import commodities that must be examined by the commodity inspection authorities in this law must register the import commodities with the commodity inspection authorities at the unloading port or the arrival station.

For the imported commodities listed in the species list, the customs will accept the seals stamped on the customs declaration form by the commodity inspection authorities.

    

The tenth consignee of the import commodities that must be examined by the commodity inspection authorities in this Law shall be submitted to the commodity inspection authorities for inspection within the period dot and the time limit stipulated by the commodity inspection authorities.

The commodity inspection authorities shall complete the inspection within the time limit specified in the foreign trade contract and issue a certificate.

    

The eleventh consignee of imported goods other than those imported by the commodity inspection authorities, which is required by this law, finds that the quality of the imported goods is not up to standard or defective, and that it is necessary for the commodity inspection authority to issue a claim for compensation.

    

Twelfth, for important import commodities and large sets of equipment, consignees should conduct pre inspection, supervision or supervision before shipment in accordance with foreign trade contracts. The competent authorities should strengthen supervision, and the commodity inspection authorities may send inspectors to participate as required.

    

The third chapter is the inspection of export commodities.

    

Thirteenth the shippers of the export commodities that are required by this law to be examined by commodity inspection shall be submitted to the commodity inspection authorities for inspection within the period dot and the time limit stipulated by the commodity inspection authorities.

The commodity inspection authorities shall complete the inspection within the time limit for shipment without delay and issue certificates.

For export commodities listed in the "species list", the customs shall check and release the inspection certificates issued by the commodity inspection authorities, the release documents, or the seals affixed to the customs declaration forms.

    

Fourteenth export commodities that have been inspected by the commodity inspection authorities and issued to inspection certificates or release orders shall be reported and exported within the time limit prescribed by the commodity inspection authorities.

Fifteenth enterprises producing packaging containers for export dangerous goods must apply to the commodity inspection authorities for identification of the performance of the packaging containers.

Enterprises producing dangerous goods for export must apply to the commodity inspection authorities for the identification and use of packaging containers.

Dangerous goods that use unqualified packaging containers are not allowed to be exported.

    

Sixteenth for shipping and export containers of perishable food, carriers or packing units must apply for inspection before loading.

No shipment is allowed without inspection.

    

The fourth chapter is supervision and management.

    

The seventeenth commodity inspection authorities may make spot checks on the import and export commodities that are subject to inspection by the commodity inspection authorities in accordance with this law.

Export commodities are not allowed to be exported if they fail to pass the inspection.

The eighteenth commodity inspection organs may, according to the needs of inspection work, send inspectors to the production enterprises that are listed in the category list, and take part in the supervision of the quality inspection of the export commodities before they leave the factory.

    

The nineteenth commodity inspection organs may, according to the agreements signed between the State commodity inspection authorities and foreign counterparts, accept the quality certification of import and export commodities by entrusting the foreign bodies concerned, and permit the use of quality certification marks on the certified import and export commodities.

    

The twentieth State commodity inspection departments and commodity inspection organs shall, according to the needs of inspection work, pass the examination to recognize qualified domestic and foreign inspection bodies to undertake the inspection work of import and export commodities entrusted by the state.

    

Twenty-first State commodity inspection departments and commodity inspection organs shall supervise the import and export commodity inspection work of the designated inspection institutions designated by them, and examine and inspect the commodities inspected by them.

The twenty-second countries should implement the quality licensing system for important import and export commodities and their production enterprises according to their needs, and the specific measures shall be formulated by the State commodity inspection department jointly with the relevant competent departments under the State Council.

    

The twenty-third commodity inspection organs may, if necessary, apply inspection marks or seals to import and export commodities that are qualified for inspection.

    

If the twenty-fourth parties of import and export commodities have objections to the inspection results made by the commodity inspection authorities, they may apply for reexamination to the original commodity inspection authorities or their higher level commodity inspection authorities and even to the State commodity inspection authorities. The inspection organs or the State commodity inspection authorities that have accepted the reinspection will apply for reexamination conclusions.

    

The twenty-fifth commodity inspection organs and their designated inspection bodies, as well as other inspection institutions approved by the State commodity inspection department, may accept the entrustment of foreign trade relations or foreign inspection bodies for the import and export commodity appraisal business.

The scope of the import and export commodity appraisal business includes: quality, quantity, weight, packing identification, marine damage identification, container inspection, damage identification of imported goods, identification of shipping technical conditions, measurement of cargo, certificate of origin, value certificate and other business.

    

The fifth chapter of legal responsibility

    

Twenty-sixth in violation of the provisions of this law, the import and export of imported commodities that have been inspected by the commodity inspection authorities under the category table and other laws and administrative regulations must be sold or used without authorization. If the export commodities that have been inspected by the commodity inspection authorities under the category table and other laws and administrative regulations are not allowed to be inspected and exported without authorization, the commodity inspection authorities shall impose a fine. If the circumstances are serious and cause significant economic losses, the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the 187th provision of the criminal law.

In violation of the provisions of the seventeenth article of this law, the export of unauthorized export commodities that are not qualified by the commodity inspection authorities shall be punished according to the provisions of the preceding paragraph.

    

Twenty-seventh forgery or alteration of commodity inspection documents, seals, marks, seals and quality certification marks constitute a crime. The persons directly responsible shall be investigated for criminal responsibility according to the provisions of article 167th of the criminal law. If the circumstances are minor, the commodity inspection authorities shall impose a fine.

    

If the twenty-eighth party refuses to accept the decision of the commodity inspection authorities, it may, within 30 days from the date of receiving the notice of punishment, apply for reconsideration to the commodity inspection authorities or the higher level commodity inspection authorities or the State commodity inspection authorities that have made the decision. If they refuse to accept the reconsideration decision, they may bring a suit to the court within 30 days from the date of receipt of the reconsideration decision.

If a party fails to apply for reconsideration or refrain from prosecution within the time limit, he shall apply for the enforcement of the court by the commodity inspection authority that has made the decision.

    

The twenty-ninth inspectors of the State commodity inspection departments and commodity inspection organs and the inspection organizations designated by the State commodity inspection departments and commodity inspection organs shall abuse their powers, engage in malpractices for selfish ends, falsify the results of the inspection, or neglect their duties, delay the examination of the certificates, and impose administrative sanctions or criminal liability according to the law according to the seriousness of the cases.

    

Sixth chapter supplementary provisions

    

The thirtieth commodity inspection organs and other inspection bodies shall carry out inspection and appraisal business in accordance with the provisions of this law, and collect fees according to regulations.

The fee collection method shall be formulated by the State commodity inspection department jointly with the relevant competent departments under the State Council.

    

The thirty-first State commodity inspection authorities shall, in accordance with this law, formulate measures for their implementation and submit them to the State Council for approval.

    

The thirty-second law comes into effect on August 1, 1989.

The regulations on the inspection of import and export commodities of the People's Republic of China promulgated by the State Council on January 28, 1984 shall be repealed simultaneously.