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DETAILED
IMPLEMENTING RULES TO THE REGULATIONS (Promulgated
by the State Administration of
SUBJECT: COMMODITY INSPECTION ISSUING-DEPT: STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT & EXPORT COMMODITY ISSUE-DATE: 06/01/1984 IMPLEMENT-DATE: 06/01/1984 LENGTH: 8307 words TEXT: Chapter I General Provisions [Article 1] These "Detailed Implementing Rules to the Regulations on the Inspection of Import and Export Commodities of the People's Republic of China" (hereinafter referred to as the "Detailed Rules for Implementation of the Commodity Inspection Regulations") are formulated in accordance with the stipulations in Article 26 of the "Regulations on the Inspection of Import and Export Commodities of the People's Republic of China" (hereinafter referred to as the "Commodity Inspection Regulations"). [Article 2] All import and export commodities are subject to inspection. The consignees, end-users, manufacturers, management, storage and transportation departments of import and export commodities must carry out the Commodity Inspection Regulations and the Detailed Rules for Implementation of the Commodity Inspection Regulations. The commodity inspection bureaus of the various provinces, autonomous regions and municipalities and their branches (hereinafter referred to as the "commodity inspection authorities") are each authorised to supervise and control the inspection of import and export commodities in their own areas in accordance with the Commodity Inspection Regulations and the Detailed Rules for the Implementation of the Commodity Inspection Regulations. By adhering to state principles and policies, they shall follow the guiding principles in relation to commodity inspection, which are "to strengthen supervision and administration, conduct inspection conscientiously, be fair and accurate, uphold prestige, promote foreign trade and serve the cause of the modernisation drive" [Article 3] 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") will arrange legal inspection on the principal import and export commodities which are included in "The List of Commodities Subject to Inspection Enforced by the Commodity Inspection Authorities" (hereinafter referred to as the "List of Commodities"). Commodities included in the List of Commodities will be adjusted according to the needs of foreign trade development and published 60 days before it comes into effect by the State Administration of Commodity Inspection. While implementing the above-mentioned List of Commodities, the commodity inspection authorities, according to actual conditions, are entitled to list a few major import and export commodities in their local list of commodities. Upon approval by the people's governments in provinces, autonomous regions and municipalities, commodities within the given scope of the local list of commodities are subject to local legal inspection by the local commodity inspection authorities. [Article 4] Any material aid, gifts, samples and other nontrade goods which are included in the List of Commodities as well as the imports and exports of petty trade in remote border areas where no establishments of commodity inspection authorities exist, shall be exempt from inspection. Those provided for by the State with special rules or those commodities subject to inspection and certification by the commodity inspection authorities in the contract, shall be conducted in accordance with the respective stipulations. [Article 5] The commodity inspection authorities are authorised to be responsible for issuing a GSP certificate of origin Form A for export goods and management of the concerned procedures. [Article 6] The accreditation and attestation of import and export commodity inspection is to be carried out exclusively by the State Administration of Commodity Inspection. Those related departments intending to apply for accreditation and attestation to foreign bodies shall obtain approval from the State Administration of Commodity Inspection. [Article 7] Inspection of import and export medicines and drugs shall be undertaken by the Institute for the Control of Drugs appointed by the Ministry of Public Health. Sanitary inspection and quarantine of import foodstuffs shall be undertaken by the Institute of Food Sanitary Supervision and Inspection. Sanitary inspection and quarantine of export foodstuffs shall be undertaken by the commodity inspection authorities. Quarantine of import and export plants, plant products, import and export animals and import animal products shall be undertaken by the Animal and Plant Quarantine Service. Quarantine of export animal products shall be undertaken by the commodity inspection authorities. Calibration of weighing and measuring instruments shall be undertaken by the Metrological Department. Supervision and inspection of the safety of import and export boilers and pressure vessels shall be undertaken by the Boilers and Pressure Vessels Safety Supervision Bureau. Survey of ships (including offshore platforms), ship's equipment, materials and containers under the ship's rules and regulations shall be undertaken by the Register of Shipping of China. [Article 8] The equipment and materials imported using foreign funds and the products processed or manufactured consequently for export are subject to inspection and supervision by the commodity inspection authorities similar to those applied to common import and export commodities. Chapter II Inspection of Import Commodities [Article 9] Import commodities which are included in the List of Commodities and/or subject to certification by the commodity inspection authorities are to be inspected by the commodity inspection authorities or inspection organisations designated by the commodity inspection authorities. Upon arrival of the goods, the consignees, end-users or forwarding agents shall apply to the commodity inspection authorities at the arrival port/station for inspection in due course. An application form shall be filled out and the relevant documents such as contracts, invoices, bills of lading, packing lists and inspection standards, etc. shall be submitted accordingly at the same time. For those import commodities which are included in the List of Commodities when their application for inspection has been accepted by the commodity inspection authorities, they shall be checked and released by the Customs upon presentation of the commodity inspection authorities' seal affixed on the Customs declaration. [Article 10] For those import commodities which are not included in the List of Commodities, the consignees and/or end-users shall declare them to the local commodity inspection authorities and carry out their own inspection. In case there is difficulty in inspection, the competent authority of the consignees and/or end-users may take up the inspection or request the commodity inspection authorities to carry out the inspection. For import commodities based on self-inspection or on inspection by the competent authority, the inspector shall submit a finding report to the commodity inspection authorities within the term of validity of claim; as to those import commodities which have failed inspection and against which a claim is to be lodged, the commodity inspection authorities shall be applied to in due time for reinspection or for the issuance of an inspection certificate. [Article 11] Verification of the quantity of import commodities contained in each packing case (piece), survey of weight by scale or flowmeter, and the inspection of the appearance of various kinds of equipment and materials that is to be carried out by the consignees and/or end-users or weighed by the related departments shall be placed under the supervision, examination and weight survey of the commodity inspection authorities. [Article 12] Import commodities are to be inspected at the port or at the storage centres; those complete sets of equipment, machinery, electrical appliances and instruments and meters that can only be inspected during installation, may be inspected at the place of destination and/or at the place of the final user according to the stipulations provided for in the contract or international trade practice. [Article 13] Whenever any damaged import cargoes are found at a port, the consignees, end-users or forwarding agents shall apply to the commodity inspection authorities at the port for survey. The damaged cargoes shall be discharged and stored separately. [Article 14] The inspection of import commodities shall be carried out in accordance with the contractual stipulations relating to terms of quality, weight, quantity, packing, sampling and inspection methods; in the absence of such stipulations or when not clearly stated in the contract, the inspection shall be conducted with reference to the standards adopted by the production country, international standards or relevant Chinese national standards. Whenever it is specially specified by the State, the inspection shall be carried out in accordance with the relevant provisions. [Article 15] For those import commodities qualified after inspection, the commodity inspection authorities shall issue a finding report; as to those import commodities that have failed inspection, and those subject to certification by the commodity inspection authorities as stipulated in the contract, the commodity inspection authorities shall issue inspection certificates. In addition to the requirements stipulated in the contract or standards, should the goods be found to be obviously inferior and unfit for use or to be detrimental to health and safety, an inspection certificate shall be issued accordingly. [Article 16] If import commodities have been the subject of a claim for compensation, enough representative samples shall be well kept and retained for reinspection and the commodities required for replacement or return must be held intact. Chapter III Inspection of Export Commodities [Article 17] All departments specialising in manufacturing and/or processing export commodities should conduct a strict inspection of quality, weight, quantity and packing in accordance with the relevant stipulations and mark each batch accordingly. No commodities shall be allowed for export if judged substandard. The management departments of export commodities shall conduct efficient inspection of purchased goods. Substandard commodities are not permitted for purchase or export. The commodity inspection authorities shall carry out the inspection, supervision and administration based on the approved inspection by the factories and/or by the management departments. [Article 18] Export commodities which are included in the List of Commodities and/or subject to certification by the commodity inspection authorities in accordance with the provisions as specified by the State or the stipulations as provided for in the contract or the letter of credit, are to be inspected by the commodity inspection authorities or inspection organisations designated by the commodity inspection authorities. Export commodities which are included in the List of Commodities shall be checked and released by the Customs upon the presentation of the inspection certificates or the release notices issued by the commodity inspection authorities or the seal of the commodity inspection authorities affixed to the Customs declaration. [Article 19] When verification of the quantity of export commodities contained in each packing case (piece), survey of weight by scale or flowmeter has been carried out by the manufacturers, by the management department or by the related departments, the supervision, examination and weight survey of these commodities should be handled by the inspection authorities. [Article 20] Export commodities which are included in the List of Commodities and/or subject to certification by the commodity inspection authorities in accordance with the stipulations specified by the State or stipulations provided for in the contract and the letter of credit shall be referred to the commodity inspection authorities by the management departments of export commodities for inspection in due course. The application for inspection shall be attached with relevant documents such as contract, letter of credit, factory inspection report and other necessary documents as a basis for inspection. In case a contract of sale is to be carried out on submitted samples, the sealed negotiated samples shall be provided accordingly. [Article 21] The inspection of export commodities shall be strictly carried out in accordance with the terms provided for in the contract (including negotiated samples/patterns) and letter of credit with respect to quality, weight, quantity, packing, sampling and inspection methods; in the absence of such stipulations or when not clearly stated in the contract and/or the letter of credit, the inspection shall be conducted according to the standards recognised by the State Administration of Commodity Inspection or the relevant stipulations. For those typically specified by the State, the inspection shall be carried out in accordance with the relevant state regulations. Those commodities which have failed inspection are not permitted to be released for export. In addition to the requirements as stipulated in the contract, letter of credit and/or standards, should the goods be found to be obviously inferior and unfit for use or to be detrimental to health and safety, they shall not be permitted to be released for export. [Article 22] The commodity inspection authorities, while carrying out inspection by drawing samples, shall give notice to the applicant for reconditioning, if the packing is found to be in poor condition, identifying marks illegible, lots confused or commodities' appearance deformed. [Article 23] For precious export commodities the applicant for inspection shall replenish the quantity and weight of the samples drawn for sampling. If unable to do so, the commodity inspection authorities shall affix a "Sample Drawn" label on the packing. [Article 24] For export commodities which are proved to be up to standard after inspection, the manufacturers, management and storage departments shall take effective measures to ensure that the quality, weight, quantity, packing and lot arrangement remain free from damage or deterioration. When despatching, the commodities should be checked on different lots as correct according to the specifications and testing certificates. [Article 25] Export commodities for which inspection certificates and release notices have been obtained, but have failed to be shipped within the effective time limit shall be reinspected. For those unperishable commodities, the commodity inspection authorities may renew the certificate issued based on checking or examination of drawn samples. [Article 26] The commodity inspection authorities shall make and/or award the inspection mark in accordance with the stipulations of inspection and administration or upon application. [Article 27] The carriers, consigners, stuffing container organisations or forwarding agents shall apply to the commodity inspection authorities at the loading port and container sites for inspection of vessels' holds or containers for carrying cereals, oils and foodstuffs, frozen products and other perishable foodstuffs for export. Certificates shall be issued by the commodity inspection authorities when the conditions of cleanliness, sanitation and refrigeration efficiency are proved to be satisfactory according to the technical requirements for shipping. Those without the qualified certificate will not be permitted to be shipped by the consigner or carrier. Chapter IV Superintending Work and Surveying Services [Article 28] The superintending work and surveying services in relation to foreign trade shall be carried out by the commodity inspection authorities and the China National Import and Export Commodities Inspection Corporation Head Office and its branches (hereinafter referred to as the "commodity inspection corporations") designated by the State Administration of Commodity Inspection. [Article 29] The superintending work and surveying services in relation to foreign trade carried out by the commodity inspection authorities and commodity inspection corporations are as follows:
[Article 30] When the parties involved in foreign trade intend to entrust superintending and surveying work, they shall fill out an application form and provide the contract, letter of credit, invoice, bill of lading and packing list as well as the required professional standards and other certified documents in relation to the superintending work and surveying services. In case entrustments are made directly by foreign firms from abroad, their requirements shall be made clear in their letters/cables and detailed items of the contract. Chapter V Supervision and Administration [Article 31] The consignees, end-users, manufacturers, management, storage and transportation departments of import and export commodities as well as the designated inspection organisations shall be supervised and examined by the commodity inspection authorities. The range of supervision and examination by the commodity inspection authorities includes: 1 Supervision and examination of quality, weight, quantity and packing of import and export commodities; 2 Supervision and examination of inspection organisations, inspectors, inspection equipment, inspection systems, standards for inspection, inspection methods and quality control; and 3 Other related work relating to import and export commodity inspections. [Article 32] The higher authorities of consignees, end-users, manufacturers, management, storage and transportation departments of import and export commodities shall supervise and urge their affiliated units to carry out inspection work diligently. [Article 33] On supervision and administration of import commodities: 1 The foreign trade transportation departments shall provide the commodity inspection authorities with information regarding the conditions of the arrival import commodities and the commodities distribution in good time. 2 The commodity inspection authorities shall urge the consignees and end-users to efficiently carry out inspection of import commodities, and to enforce the stipulations of the State, prohibiting the installation, usage and marketing of the noninspected commodities, and furthermore to carry out random inspection according to conditions prevailing. 3 The commodity inspection authorities shall assign inspectors to reside at installation sites for supervision and examination of complete sets of equipment. For non-inspected equipment and materials or such found not to be up to standard, the commodity inspection authorities according to the actual conditions shall issue a "Notice Prohibiting Installation and Usage". Permission for installation and usage is granted only after the above-stated Notice has been rescinded. 4 For import vehicles, the end-users shall, upon arrival of such vehicles, register with the commodity inspection authorities for inspection and procure a licence-plate from the Public Security Bureau's Traffic Control Department on the strength of the inspection certificate issued by the commodity inspection authorities for import vehicles. The end-users should provide the commodity inspection authorities with the vehicle's finding report one month prior to the expiration validity date of the quality warranty. An overdue report will lead to the licence being rescinded and to driving being prohibited by the Public Security Bureau's Traffic Control Department. 5 For those import commodities for which a claim certificate for damages has been issued by the commodity inspection authorities, the foreign trade management department should lodge the claim in good time, and consequently inform the consignees, end-users and the commodity inspection authorities of the result of the claim. [Article 34] On supervision and administration of export commodities: 1 Factories, mines and other enterprises engaged in production of export commodities shall register with the commodity inspection authorities regarding their inspection organisations, inspection system, inspectors, inspection equipment, standards for inspection, inspection methods and quality control. The commodity inspection authorities as the occasion demands shall assign inspectors to conduct supervision and examination. 2 The commodity inspection authorities may, if required, despatch their inspectors to be stationed at the factories to conduct inspection, make spot checks, carry out random inspection and reinspection, and perform inspection by drawing samples when the production and testing conditions of export commodities and the examination of the purchased goods in the management departments deem it necessary for the above actions to be carried out. The commodity inspection authorities may, when they deem necessary, make a combined inspection with the related competent departments. 3 Foodstuffs for export are subject to sanitary supervision and control in accordance with the relevant regulations. 4 For major export commodities, a quality licensing system shall be implemented. 5 To factories, mines and other enterprises who do not attach significance to products' quality, the commodity inspection authorities have the right to ask them to make improvements. Should the conditions be serious, their competent departments shall be requested to make readjustments to them or to cancel their registration and to rescind their quality licence. 6 The management departments engaged in foreign trade shall inform manufacturers and the commodity inspection authorities in good time of reaction concerning export commodities and about claims lodged for compensation from abroad. [Article 35] The commodity inspection authorities may, according to the conditions, carry out sealing control over the qualified export commodities as well as the return cargo and replaced import commodities, for which inspection certificates have been issued. [Article 36] The inspection clauses shall be perfectly laid down in the contract by the foreign trade management departments. If the commodity inspection authorities find inappropriate clauses in the course of inspection and supervision, they shall suggest modifications or improvements to the departments concerned. [Article 37] The staff members of the commodity inspection authorities shall acquire adequate professional knowledge and obtain licences based on a qualification test before being allowed to undertake inspections. While carrying out their duties and tasks, the staff members shall wear a uniform bearing the mark of an inspector and be in possession of official credentials. [Article 38] The inspectors of the consignees, end-users, manufacturers, management, storage and transportation departments engaged in import and export commodities, and the inspectors designated by the commodity inspection authorities shall obtain licences based on a qualification test held by the competent departments or the said departments together with the commodity inspection authorities before they are allowed to undertake inspection. All the related departments shall maintain a good working relationship with the inspection personnel and ensure the unhampered exercise of their functions and powers. Chapter VI Punishment [Article 39] Those who violate any one of the following items, based on the seriousness of the case, shall be issued with a notice of criticism or have a fine imposed by the commodity inspection authorities not exceeding 2 per cent of the total value of the commodities in question and given an administrative disciplinary sanction by the competent departments: 1 Those who avoid the required application for inspection of import and export commodities subject to inspection by the commodity inspection authorities in accordance with the provisions of the Commodity Inspection Regulations; 2 The consignees and end-users who do not declare their own inspection to the commodity inspection authorities for inspection of import commodities, or do not conduct inspection in accordance with the contract stipulations and standards, and/or do not report the findings; and 3 Those who alter the name of the commodities and evade inspection by the commodity inspection authorities. [Article 40] Those who violate any one of the following items shall have a fine imposed by the commodity inspection authorities not exceeding 20 per cent of the total value of the commodities in question and be given an administrative disciplinary sanction by the competent departments. Where violation of criminal law is found, the violator shall be dealt with by the judicial organs: 1 Those who falsify, remake, alter the certificates and/or stamps of the commodity inspection authorities; 2 Those who conduct selling and/or buying transactions of various kinds of inspection, survey certificates and/or commodity inspection marks; 3 Those who unauthorisedly change the contents, or alter the quality and/or weight and quantity of the commodities which have been inspected by the commodity inspection authorities; 4 Those who deliberately change, remove or destroy the seals and marks affixed by the commodity inspection authorities on the packing/articles; and 5 Those who resort to deception in behaviour. [Article 41] The fine will be imposed by the commodity inspection authorities. Those who are fined may settle payment with the designated bank within ten days after having received the notice for payment of the fine from the commodity inspection authorities. The designated bank shall charge and collect overdue payments at a daily rate of 1/1000 of the amount specified for the fine from the eleventh day until the date of final settling. The fine, together with the overdue collection payment, shall be turned over to the State Treasury. [Article 42] Those who are fined and who lodge objection against the decision of the fine made by the commodity inspection authorities may appeal within 10 days after the payment of the fine, to the State Administration of Commodity Inspection who shall render the award. If the State Administration of Commodity Inspection determines in the award that payment of the fine be annulled or reduced, the commodity inspection authorities shall notify the bank to return the fine. [Article 43] Inspectors of import and export commodities who cause losses by neglecting their duties shall be given an administrative disciplinary sanction; where violation of criminal law and dereliction of duty are found, the violator shall be prosecuted and dealt with by the judicial organs. Chapter VII Others [Article 44] Those personnel and units which have made remarkable achievements in inspection work by persistently attaching great importance to the quality of import and export commodities and conscientiously implementing the Commodity Inspection Regulations and the related stipulations shall be praised and rewarded by the commodity inspection authorities and/or by the competent departments. [Article 45] The commodity inspection authorities and the designated inspection organisations shall carry out sampling, inspection and issuance of certificates of import and export commodities accurately and in good time in accordance with the stipulations concerned. In carrying out inspection, the applicant shall provide gratuitous drawn samples. For the remainder of the samples after sampling inspection, the applicant shall request their return within the specified time. In case the return of such samples is not requested by the applicant, the commodity inspection authorities or the designated inspection organisations have the right to dispose of them after the expiration of the specified time. [Article 46] In case of commodity inspection authorities or the designated inspection organisations assigning personnel to carry out on-the-spot inspection at the sites of manufacture, ports, airports, railway stations, on board ships, in warehouses and construction sites, the organisations concerned shall gratuitously provide the necessary facilities and conveniences for the inspections. The applicant shall gratuitously provide the necessary manpower and appliances. [Article 47] When the commodity inspection authorities and the designated inspection organisations carry out on-the-spot inspection and supervision at the factories or during a long-time stay in the factories, the departments concerned shall gratuitously provide the necessary accommodation, inspection apparatus and equipment, reagents, water and electricity, etc. [Article 48] The applicant shall fill out an altered application form if the contents of certificates issued by the commodity inspection authorities are to be altered or added/deleted. An alteration or reissuance of the certificates can be granted when the application form is reviewed and approved by the commodity inspection authorities. If an applicant for inspection loses the commodity inspection certificate, he should produce proof of such loss and state the cause. When examined and approved by the commodity inspection authorities, a supplementary certificate [Article 49] The commodity inspection authorities may accept domestic entrusted inspections as required. If samples for inspection are submitted by the entrustee, the findings will refer only to the samples inspected. [Article 50] In carrying out the inspection, superintending work and surveying services, the commodity inspection authorities shall collect appropriate fees in accordance with the stipulations. Fees for overseas entrusted inspections (including fees for entrusting applied for by domestic units on behalf of foreign bodies) are to be collected in foreign currency. The provisions for collecting fees shall be drawn up and examined/approved by the State Administration of Commodity Inspection. The organisations designated by the commodity inspection authorities shall collect appropriate fees from the applicant for inspection. The provisions for collecting fees shall be drawn up by the competent departments of the related inspection organisations. [Article 51] The State Administration of Commodity Inspection is responsible for the amendment and supplement of these "Detailed Rules for Implementation of the Commodity Inspection Regulations" and for the formulation of the relative concrete management provisions. [Article 52] These Detailed Rules for the Implementation of the Commodity Inspection Regulations shall come into effect on the date of promulgation. Appendix: List of Commodities Subject to Inspection Enforced by the State Administration of Import and Export Commodity Inspection of the People's Republic of China Now in Effect Export Commodities 1. Ceeals
2. Beans
3. Vegetable oils
4. Fresh fruits
5. Meat (1) Meat of animals
(2) Meat of poultries
6. Canned goods
(1) Dried eggs
8. Eggs and preserved eggs
9. Dairy products
10. Aquatic products (1) Fish
(2) Prawns and shrimps
(3) Shell (including shelled or not shelled, but not including dried products)
(4) Other aquatic products
11. Seasonings
12. Sugars
13. Nuts and kernel
14. Tobacco
15. Tea
16. Rosin products
17. Essential oil and isolates
18. Furs (raw skins, dressed furs, dyed furs, furs with mouth and head-skins, including plates)
19. Raw skins for tanning; leather
20. Casings
21. Bristles manes and hairs
22. Wools
23. Feathers and downs
24. Fur goods
25. Non-metallic mineral products
26. Metallic mineral products
27. Fuel
28. Chemical products
29. Raw cotton
30. Silk (1) Mulberry silk
31. Textiles
32. Garments
33. Light industrial products (1) Enamel wares for daily use
(2) Household sewing machines (including hand sewing machines) (3) Bicycles and spare parts (including bicycle tyres and tubes) (4) Alarm clocks (5) Transistor radios (7) Electric fans and spare parts (8) Batteries (9) Plywood
(10) Leather shoes including easy shoes, but not including slippers and PVC leather shoes)
(11) Rubber shoes
34. Porcelain wares
35. Machine and tools
36. Generators and motors
37. Bearings
38. Electric wires and cables
39. Automobiles, cranes and means of transport
40. Diesel engines (not including diesel engines for ships). Stationary diesel engines (600 hp max) 41. Steel
(2) Steel sheet
(3) Quality steel
(4) Steel pipes
(5) Metal products
Import Commodities
17 Nonferrous metals
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