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Law of the People's Republic of China on Import and Export Commodity Inspection
(Adopted  at the Sixth Meeting of the Standing Committee of the
Seventh National  People's Congress on February 21, 1989, promulgated
by Order No.14 of the President of the People's Republic of China
on February 21, 1989, and effective as of August 1, 1989 )

CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II INSPECTION OF IMPORT COMMODITIES
CHAPTER III INSPECTION OF EXPORT COMMODITIES
CHAPTER IV SUPERVISION AND ADMINISTRATION
CHAPTER V LEGAL RESPONSIBILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS

Article 1. This Law is enacted with a view to strengthening  the  inspection  of import and export commodities, ensuring the quality of import and export commodities, protecting the lawful rights and interests of the parties involved in foreign trade, and promoting the smooth development of China 's economic and
trade relations with foreign countries.

Article2.The  State  Council  shall  establish an Administration  for  Import and Export Commodity Inspection(hereinafter  referred to as the State Administration for Commodity Inspection), which shall be in charge of the inspection of import and export commodities throughout the country. The local  import and export  commodity  inspection  authorities (hereinafter referred to as  the  commodity inspection authorities) set up by the State Administration  for Commodity Inspection shall be responsible for the inspection  of  import  and  export commodities within areas under their jurisdiction.

Article  3.  The  commodity  inspection authorities and other
inspection organizations  designated  by  the State Administration
for  Commodity Inspection and the commodity inspection authorities
shall, in accordance with the law, perform the inspection of import and
export commodities.

Article  4.  The State Administration for Commodity Inspection
shall, in the  light  of  the  needs in the development of foreign
trade, make, adjust and  publish  a  List of Import and Export
Commodities  Subject to Inspection by  the  Commodity  Inspection
Authorities (hereinafter referred to as the List of Commodities).

Article  5. Import and export commodities which are included in
the List of Commodities and import and export commodities subject to
inspection by the  commodity  inspection  authorities under other
laws or administrative rules and regulations must be inspected by
the   commodity   inspection  authorities   or   inspection
organizations   designated  by  the  State Administration  for
Commodity Inspection or the commodity inspection authorities.
 No  permission  shall  be  granted for the sale or use of import
commodities specified  in  the preceding paragraph until they have
undergone inspection; and  no permission shall be granted for the
export of export commodities specified  in the preceding paragraph
until they have been found to be up to standard through inspection.
 Import  and  export commodities specified in the first paragraph
of this Article may be exempted from inspection upon the examination
and  approval  of  an  application  from  the  consignee  or
consignor by the State Administration for Commodity Inspection.

Article 6. Inspection on import and export commodities performed
by the commodity  inspection  authorities  shall  cover quality,
specifications, quantity, weight, packing and the requirements for
safety and hygiene.
 Import and export commodities governed by compulsory standards or
other inspection standards which must be complied with as provided for
by laws or administrative rules and regulations shall be inspected in
accordance with such  inspection  standards; in the absence of such
stipulations, import and export commodities shall be inspected in
accordance with the inspection standards agreed upon in the foreign
trade contracts.

Article  7. Import and export commodities or items subject to
inspection  by  other  inspection  organizations  under laws or
administrative  rules  and  regulations  shall  be  inspected  in
accordance  with  the  provisions of relevant laws or administrative
rules and regulations.

Article  8. The State Administration for Commodity Inspection
and  the  commodity   inspection   authorities  shall  collect
information  on  the inspection  of import and export commodities
and make it available to the relevant circles.
CHAPTER II INSPECTION OF IMPORT COMMODITIES

Article  9.  For  import  commodities which are subject to
inspection by the  commodity inspection authorities in accordance
with  this Law, the consignee  must  register  them  with  the
commodity inspection authorities located at the port of discharge
or  the  station of arrival. Import commodities which are included
in the List of Commodities shall be checked and released by the
Customs upon presentation of the seal of the commodity inspection
authorities affixed to the Customs declaration.

Article  10.  For  import commodities which are subject to
inspection by the  commodity inspection authorities in accordance
with  this Law, the consignee shall apply to the same authorities for
inspection in places and within  the  time limit specified by
them.  The  commodity  inspection authorities shall accomplish the
procedures  for inspection and issue an inspection certificate within
the period of validity of claims prescribed in a foreign trade contract.

Article  11. If import commodities other than those which are
subject to inspection  by  the commodity inspection authorities in
accordance with this Law  are  found to be not up to the quality
standard, damaged or short on weight  or quantity, the consignee
shall apply to the commodity inspection authorities for inspection and
the issuance of an inspection certificate if such a certificate is
necessary for claiming compensation.

Article 12. For important import commodities and a complete
set of equipment  in  large size, the consignee shall, in accordance
with the terms agreed upon in a foreign trade contract, conduct
initial inspection or initial  supervision  over manufacturing or
loading in the exporting country before shipment, while the relevant
competent departments shall strengthen their supervision. The commodity
inspection  authorities may, when necessary, dispatch  inspection
personnel to take part in such inspection and supervision.
CHAPTER III INSPECTION OF EXPORT COMMODITIES

Article  13.  For  export commodities which are subject to
inspection by the  commodity inspection authorities in accordance
with  this Law, the consignor shall apply to the same authorities for
inspection in the places and within the time limit specified by
them. The commodity inspection authorities  shall  accomplish the
procedures  for  inspection and issue a certificate without delaying
the prescribed time for shipment.
 Export  commodities  which  are included in the List of Commodities
shall be checked and released by the Customs upon presentation of
the inspection certificate or the paper for release issued by the
commodity  inspection  authorities  or  the  seal  of  the  same
authorities affixed to the Customs declaration.

Article  14.  Export commodities which have been inspected and
passed by the  commodity  inspection  authorities  and for which
an  inspection certificate or a paper for release has been issued by
the same authorities shall be declared for export and shipped out of
the  country  within  the  time limit  specified  by  the  same
authorities. Failing to meet the time limit shall entail reapplication
for inspection.

Article 15. An enterprise manufacturing packagings for dangerous
export goods must apply to the commodity inspection authorities for a
test of the performance of such packagings. An enterprise producing
dangerous export goods must apply to the same authorities for a
test  of  the use of packagings. No permission shall be granted
for the export of dangerous goods kept in packagings which have not
passed a test.

Article  16. For vessel holds or containers used for carrying
perishable foods, the carrier or the organization using the containers
shall apply for inspection  before loading. No permission shall be
granted for loading and shipment until the relevant conditions are
passed by the inspectors.

CHAPTER IV SUPERVISION AND ADMINISTRATION

Article 17. The commodity inspection authorities may make a
random inspection  of import and export commodities beyond those
subject  to inspection  by  the commodity inspection authorities in
accordance with this Law.  No permission shall be granted for the
export of export commodities found to be substandard in a random
inspection.

Article  18.  The  commodity inspection authorities may, when
necessary, assign  inspection  personnel to manufacturers of export
commodities which are  included in the List of Commodities to take
part in supervision over the quality inspection of export commodities
before they leave the factory.

Article  19.  The  commodity  inspection  authorities  may
undertake  the  quality  certification  of  import  and  export
commodities on the basis of agreements  signed between the State
Administration  for Commodity Inspection and  the  foreign bodies
concerned or upon entrustment by the foreign bodies concerned. They
may permit the use of quality certification marks on import and export
commodities which have been given quality certification.

Article  20. The State Administration for Commodity Inspection
and the commodity  inspection authorities shall, on the basis of the
requirements in their  inspection,  entrust  competent  inspection
organizations at home and abroad  with the inspection of import and
export commodities after examining their qualifications.

Article  21. The State Administration for Commodity Inspection
and the commodity  inspection authorities shall exercise supervision
over the import and  export  commodity inspection conducted by the
inspection organizations designated  or approved by them and may
make a random inspection of the commodities which have been inspected
by such organization.

Article  22. The state shall, when necessary, institute a
quality  licence  system  for  important  import  and  export
commodities  and their manufacturers.  The specific measures thereof
shall  be  drawn up by the State Administration  for  Commodity
Inspection  in conjunction with the relevant competent departments
under the State Council.

Article  23.  The  commodity inspection authorities may, when
necessary, place  commodity  inspection  marks  or  sealings on
import  and  export commodities proved to be up to standard through
inspection.

Article  24.  In  case  an applicant for the inspection of
import  and export  commodities  disagrees  with  the results of
inspection presented by the commodity inspection authorities, he may
apply for reinspection to the same authorities, to those at the
next  higher  level  or to the State Administration for Commodity
Inspection.  The  conclusion on reinspection shall be made by the
commodity  inspection  authorities or the State Administration for
Commodity  Inspection  which  has  accepted  the  application for
reinspection.

Article  25.  The  commodity  inspection  authorities, the
inspection  organizations   designated   by  them  and  other
inspection  organizations approved by the State Administration for
Commodity Inspection may handle the business of superintending and
surveying import and export commodities as  entrusted  by parties
involved in foreign trade or by foreign inspection bodies.
 The  scope of business of superintending and surveying import and
export commodities shall cover: inspection of the quality, quantity,
weight and packing  of import and export commodities; inspection
of  cargoes with respect to general or particular average; inspection
of container cargoes; damage survey of import cargoes; inspection of
technical conditions for the shipment of exports; measurement of
dead  tonnage; certification of the origin or value of exports and
other superintending and surveying services.
CHAPTER V LEGAL RESPONSIBILITY

Article  26. Anyone who, in violation of the relevant provisions
of this Law,  purposely markets or uses import commodities which are
included in the List of Commodities or subject to inspection by the
commodity inspection authorities in accordance with other laws or
administrative rules and regulations without having such commodities
inspected, or purposely exports export commodities which are included
in  the List of Commodities or subject to  inspection  by  the
commodity inspection authorities in accordance with other laws or
administrative  rules and regulations without having such commodities
inspected  and  proved  up  to  standard, shall be fined by the
commodity  inspection  authorities.  If  the  circumstances  are
serious and cause heavy economic losses, the criminal responsibility
of  the personnel directly  responsible shall be investigated by
applying mutatis mutandis the provisions of Article 187 of the Criminal
Law.Anyone  who,  in  violation  of the provisions of Article 17 of
this Law, purposely  exports  export commodities which have been
found substandard during  a  random  inspection by the commodity
inspection authorities, shall be punished in accordance with the
provisions of the preceding paragraph.

Article  27.  If  the  falsifying  or  remaking  of  the
certificates or documents,  seals  or stamps, marks, sealings or
quality certification marks for commodity inspection constitutes a
crime,  the  criminal responsibility of  the  personnel  directly
responsible  shall be investigated by applying mutatis mutandis the
provisions of Article 167 of the Criminal law; if the circumstances
are  minor,  the  offender  shall  be  fined by the commodity
inspection authorities.

Article 28. If a party refuses to accept the punishment decision
of the commodity  inspection authorities, he may, within 30 days of
receiving the notice  on the punishment, apply for reconsideration to
the same authorities which  have  made the punishment decision, to
those at the next higher level or to the State Administration for
Commodity  Inspection. If the party refuses to accept the decision
on the reconsideration, he may, within 30 days of receiving the
notice on the reconsideration decision, bring a suit before a court of
law. If the party neither applies for reconsideration nor brings a
suit  nor  complies  with  the  punishment  decision  within the
prescribed  time limit, the commodity inspection authorities which have
made the  punishment decision shall apply to a court of law for
compulsory execution.

Article  29.  Any  functionary of the State Administration for
Commodity Inspection  or  of the commodity inspection authorities
or  any  of  the  inspection  personnel  of  the  inspection
organizations  designated by the State Administration for Commodity
Inspection and the commodity inspection authorities who abuses his
power, commits irregularities for the benefit of his relatives or
friends, falsifies inspection results or fails to conduct inspection
and   issue  a  certificate  within  the  time  limit  through
dereliction  shall,  depending  on  the  seriousness  of  the
circumstances, be given  administrative sanction, or his criminal
responsibility shall be investigated according to law.
CHAPTER VI SUPPLEMENTARY PROVISIONS

Article  30.  The  commodity inspection authorities and other
inspection organizations shall collect fees according to relevant
provisions for carrying  out inspection or performing superintending
and surveying services in  accordance with the provisions of this
Law.  The  procedures  for collecting fees shall be drawn up by the
State Administration for Commodity Inspection in conjunction with
the competent departments under the State
Council.

Article  31.  Rules  for  the implementation of this Law
shall  be formulated  by  the  State Administration for Commodity
Inspection and shall come into force after being submitted to and
approved by the State Council.

Article  32.  This  Law shall come into force as of August 1,
1989. The Regulations  of  the  People's Republic of China on the
Inspection of Import and Export Commodities promulgated by the State
Council on January 28, 1984 shall be invalidated as of the same date.