Implementing Regulations of the Law of the People's Republic of China on Imported and Exported Commodities Inspection

Implementing Regulations of the Law of the People's Republic of China on Imported and Exported Commodities Inspection

Order of State Import and Export Commodity Inspection Bureau [1992] No. 5

October 23,1992

(approved by the State Council on October 7, 1992 and promulgated by the Order of the State Administration for the Inspection of Import and Export Commodities [1992] No. 5 on October 23, 1992)

Chapter 1 General Provisions

Article 1 These Regulations are formulated in the light of the Law of the People's Republic of China on Imported and Exported Commodities Inspection (hereinafter referred to as the Law of Commodity Inspection).

Article 2 The State Administration of Import and Export Commodity Inspection of the People's Republic of China (hereinafter referred to as the State Administration of Commodity Inspection) shall be in charge of the inspection work of import and export commodities across the country.

Article 3 The import and export commodity inspection bureaus and their branches (hereinafter referred to as the commodity inspection authorities) set up by the State Administration of Commodity Inspection in the provinces, autonomous regions and municipalities directly under the Central Government, as well as at ports and concentrating and distribution centers of import and export commodities in the regions under their jurisdiction. The commodity inspection authorities are held responsible for inspection and surveying of the import and export commodities, administration and supervision over the quality and inspection work of import and export commodities.

Article 4 In the light of the need in the development of foreign trade, the State Administration of Commodity Inspection shall work out, adjust and publish a "List of Import and Export Commodities Subject to Compulsory Inspection Enforced by the Commodity Inspection Authorities" (hereinafter referred to as the List of Commodities) for those commodities which involve public interest.

Article 5 The compulsory inspection on imports and exports by the commodity inspection authorities or inspections agencies designated by the State Administration of Commodity Inspection or commodity inspection authorities covers:
(1) inspection of import and export commodities included in the List of Commodities;
(2) sanitary inspection on the foods for export;
(3) testing and inspection on the performance and employment of the packages a nd containers for the outbound dangerous goods;
(4) suitability inspection on the vessels' holds, containers and other means of transportation for carrying the outbound perishable foods and frozen goods;
(5) inspection of imports and exports to be conducted by the commodity inspection authorities according to relevant international treaties;
(6) inspection of imports and exports to be carried out by the commodity inspection authorities as stipulated in other laws and administrative rules and regulations.

Article 6 Sanitary inspection of imported and exported medicine, calibration of weighing and measuring instruments, supervision and inspection on the safety of imported and exported boilers and pressure vessels, survey of the ships (including offshore platform, main equipment and materials for the ships) and containers in the light of relevant rules and regulations, inspection on flight safety and fitness of the aeroplanes (including the plane's engine and equipment) and safety inspection on nuclear equipment are to be undertaken by other inspection organizations according to the provisions of relevant laws and administrative rules and regulations.

Article 7 The commodity inspection authorities may conduct random inspection of and exercise supervision and control over the import and export commodities other than those subject to compulsory inspection.
With regard to the import and export commodities other than those subject to compulsory inspection for which the commodity inspection authorities shall issue inspection certificates as provided for in the foreign trade contract or as applied for by the receivers and consignors of the commodities, the commodity inspection authorities shall undertake inspection accordingly.

Article 8 Samples of imports and exports, gifts, non- trade exhibits and other non-trade goods may be exempted from inspection, unless otherwise stipulated by the State or specified in the foreign trade contract.
Those import and export commodity inspection authorities, or having been certified with regard to their quality by relevant foreign agencies accredited by the State Administration of Commodity Inspection may be exempted from inspection upon application by the receivers, consignors or manufacturers of the goods and subject to the approval of the State Administration of Commodity Inspection.
The specific provision for the exemption of import and export commodities from inspection shall be worked out by the State Administration of Commodity Inspection.

Article 9 The inspection on import and export commodities by the commodity inspection authorities covers quality, specifications, quantity, weigh, packages, as well as safety and sanitation requirement.

Article 10 The commodity inspection authorities shall conduct inspection on the import and export commodities according to the following standards or practices:
(1) the compulsory standards as specified by laws or administrative rules and regulations or other inspection standards which must be complied with;
(2) in the absence of the compulsory standards or other inspection standards which must be complied with as stated in the preceding paragraph, the import and export commodities shall be inspected according to the standards stipulated in the foreign trade contracts. If the trade is conducted according to the sample, the inspection shall be performed according to the sample provided in addition to other provisions of the contract;
(3) in case the requirements of the compulsory standards or other inspection standards that must be complied with as stated in Paragraph 1 are lower than those of the standards stipulated in the foreign trade contract, the inspection shall be conducted according to the latter. If the trade is conducted according to the sample, the inspection shall be performed according to the sample provided in addition to other provisions of the contract;
(4) in the absence of compulsory standards or other inspection standards that must be complied with as stated in Paragraph 1, and in case inspection standards are either absent or not clearly stipulated in the contract, the inspection shall be conducted according to the standards of the producing country, or relevant international standards of the standards designated by the State Administration of Commodity Inspection.

Article 11 Based on the need of foreign trade and inspection work, the State Administration of Commodity Inspection may formulate its specialized standards for the inspection of import and export commodities.

Article 12 The inspection personnel of the commodity inspection authorities should obtain official credentials based on the qualification test before they are allowed to undertake inspection assignments.
While performing their duties according to law, the inspection personnel shall not be interfered with or obstructed without justification.

Chapter 2 Inspection of Import Commodities

Article 13 For import commodities subject to compulsory inspection, the receivers must make registration for the import commodities with the commodity inspection authorities located at the port of discharge or the station of arrival.
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