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.
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.