Implementing Regulations of the Law of the People's Republic of China on Imported and Exported Commodities Inspection (Revised in 2013)
Implementing Regulations of the Law of the People's Republic of China on Imported and Exported Commodities Inspection (Revised in 2013)
Implementing Regulations of the Law of the People's Republic of China on Imported and Exported Commodities Inspection (Revised in 2013)
Order of the State Council No. 638
July 18, 2013
(Promulgated by the Order of State Council No.447 on August 31, 2005; and revised according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013)
Chapter I General Provisions
Article 1 The present Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on Imported and Exported Commodities Inspection (hereinafter referred to as the Commodities Inspection Law).
Article 2 The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (hereinafter referred to as the GAQSIQ) shall take charge of the work for imported and exported commodities inspection countrywide.
The entry-exit inspection and quarantine bureaus and their branches established by the GAQSIQ at the provinces, autonomous regions, and municipalities directly under the Central Government, as well as at the ports, and the distribution centers of imported and exported commodities (hereinafter referred to as the entry-exit inspection and quarantine organs) shall administer the work for imported and exported commodities inspection at the place under their jurisdictions.
Article 3 The GAQSIQ shall, according to the provisions of Article 4 of the Commodities Inspection Law, formulate and adjust the Catalog of Imported and Exported Commodities Subject to Compulsory Inspection (hereinafter referred to as the Catalog), and promulgate it for implementation.
The Catalog shall be promulgated at least 30 days before its implementation; under emergency circumstances, it shall be promulgated no later than the date of its implementation.
The GAQSIQ shall, when formulating and adjusting the Catalog, solicit the opinions of the competent foreign trade department of the State Council and the General Administration of Customs and other relevant departments concerned.
Article 4 The entry-exit inspection and quarantine organs shall conduct inspection (hereinafter called as the statutory inspection) on the imported and exported commodities listed in the Catalog and other imported and exported commodities that shall be subject to the inspection of the entry-exit inspection organs as prescribed by laws and administrative regulations.
The entry-exit inspection and quarantine organs shall make random inspection on the imported and exported commodities that are not subject to statutory inspection in accordance with the state provisions.
Article 5 Quality inspection on imported and exported medicines, calibration of instruments of measurement, supervision and inspection on the safety of boilers and pressure vessels, inspection on the specifications of ships (including offshore platforms, main equipment and materials for the ships) and containers, inspection on airworthiness of aeroplanes (including the plane's engine and equipment) and safety inspection on nuclear pressure-bearing equipment are to be undertaken by the inspection organs as prescribed by the relevant laws and administrative regulations.
Article 6 Samples and gifts that enter and exit the territory, goods temporarily permitted to enter and exit the territory and other non-trade articles may be exempted from inspection, unless otherwise specified by any law or administrative regulation.
The imported and exported commodities listed in the Catalog that comply with the conditions for exemption of inspection as prescribed by the state shall be exempted from inspection by the entry-exit inspection and quarantine organs upon the application of the consignees and consigners or the production enterprises and the examination and approval of the GAQSIQ.
The concrete measures for the exemption of inspection shall be formulated by the GAQSIQ through negotiating with the relevant departments.
Article 7 The imported and exported commodities subject to statutory inspection shall be inspected by the entry-exit inspection and quarantine organs in accordance with the provisions of Article 7 of the Commodities Inspection Law.
The GAQSIQ may, according to the actual need of imported and exported commodities inspection and the international standard, formulate technical specifications and standards on the method of imported and exported commodities inspection.
The technical specifications and standards relied on or referred to in the imported and exported commodities inspection and the technical specifications and standards of the inspection method shall be promulgated at least six months before the day of their implementation; under emergency circumstances, they shall be promulgated no later than the day of their implementation.
Article 8 The entry-exit inspection and quarantine organs shall, upon the need of convenience for foreign trade, make classified management on imported and exported enterprises, and conduct inspection on imported and exported commodities in light of the ways of inspection and supervision as determined according to the prevailing international conformity assessment procedures.
Article 9 The contents of inspection on imported and exported commodities conducted by the entry-exit inspection and quarantine organs shall include: whether the commodities comply with such requirements as safety, sanitation, health, environmental protection, prevention of fraud, and etc., and the relevant quality, quantity and weight, and other items.
Article 10 The entry-exit inspection and quarantine organs shall, according to the provisions of the Commodities Inspection Law, carry out verification administration on the imported and exported commodities subject to the license system and the compulsory certification as prescribed by the state, check the documentations and verify whether the documentations and the commodities are consistent with each other.
The catalog of imported and exported commodities subject to verification administration shall be formulated, adjusted and promulgated by the GAQSIQ after negotiating with the relevant departments.
Article 11 The consignees or consigners of the imported and exported commodities may go through formalities of application for inspection by themselves, or may entrust an agency inspection application enterprise to go through formalities of application for inspections; where commodities are imported and exported by way of express mails, the consignees or consigners shall entrust the entry-exit express mails operation enterprises to handle the formalities of application for inspection.
Article 12 The consignees or consigners of imported and exported commodities shall, when going through formalities of application for inspection, put this on archives at the entry-exit inspection and quarantine organs according to law.
Article 13 In case any agency inspection application enterprise accepts the entrustment of any consignee or consigner of imported and exported commodities and handles formalities of application for inspection in the name of the client, it shall submit the power of attorney to the entry-exit inspection and quarantine organ, and shall abide by the various provisions of the present Regulation on the client; if it handles formalities of application for inspection in its own name, it shall undertake the same legal liabilities as those of the consignee or the consigner.
An entry-exit express mails operation enterprise that accepts the entrustment of a consignee or consigner of the imported and exported commodities shall go through the formalities of application for inspection in its own name, and undertake the same legal liabilities as those of the consignee or the consigner.
In case a client entrusts any agency inspection application enterprise or any entry-exit express mails operation enterprise to handle the formalities of application for inspection, it shall provide the true information on the entrusted matters of application for inspection to the agency inspection application enterprise or the entry-exit express mails operation enterprise; if any agency inspection application enterprise or the entry-exit express mails operation enterprise accepts the entrustment of a client to handle the formalities of application for inspection, it shall make reasonable examination on the truthfulness of the information provided by the client.
Article 14 The GAQSIQ shall establish early warning mechanism on the risk of imported and exported commodities, and make risk assessment through collecting the information on the imported and exported commodities inspection, determine the type of risk, and take corresponding early warning measures against the risk and rapid response measures.
The GAQSIQ and the entry-exit inspection and quarantine organs shall provide the information on the imported and exported commodities inspection to the relevant parties concerned in a timely manner.
Article 15 When the staff members in the entry-exit inspection and quarantine organs perform duties, the relevant entities and individuals shall give cooperation, no entity or individual shall illegally interfere or obstruct.
Chapter II Inspection on Import Commodities
Article 16 The consignees of the import commodities subject to statutory inspection shall apply for inspection to the entry-exit inspection and quarantine organs at the place of customs declaration upon the strength of contracts, invoices, packing lists, bills of lading and other necessary credence and the relevant documents of approval; and within 20 days after the commodities are released by the customs houses, the consignees shall, in accordance with the provisions of Article 18 of the present Regulations, apply for inspection to the entry-exit inspection and quarantine organs.
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