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PROVISIONS FOR INSPECTION OF CONTAINERS

  (Formulated by the State Administration of
Import and Export Commodity Inspection Of the
People's Republic of China)

 

 

 

SUBJECT: MARITIME LAW

ISSUING-DEPT: STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT & EXPORT COMMODITY

ISSUE-DATE: 06/06/1984

IMPLEMENT-DATE: 07/01/1984

LENGTH: 959 words

TEXT:

[Article 1] The Provisions are enacted in accordance with Articles 15 and 18 of the Regulations on the Inspection of Import and Export Commodities of the People's Republic of China, with a view to assuring the quality of the goods carried in containers for import or export, facilitating delivery and account settlements, and protecting the legal rights and interests of the parties involved in foreign trade.

[Article 2] Containers, which are intended to carry the perishable goods such as cereals, oils, foodstuffs and frozen products for export, are subject to legal inspection.

Containers carrying the following items are subject to legal inspection: edible oils in bulk, all kinds of frozen, chilled and refrigerated foodstuffs, grains, soybeans, beans other than soybeans, kernels, oilseeds, dry or fresh fruits, vegetables, eggs, fresh milk and dairy products, sugar and canned foods (including canned beer), etc.

[Article 3] In addition to the required technical conditions for shipping as specified in trade contracts and affreightments, all containers subject to legal inspection should meet the following requirements:

(1) Containers should be intact and their identification numbers clearly marked;

(2) Moving parts, rubber pads and door bolts should be in good condition, and weatherproofing efficient;

(3) The interior of containers should be clean, dry, free from offensive odours and live insects, and free from poisonous or harmful substances;

(4) Refrigerated containers should provide efficient refrigeration;

(5) Tank containers should not have carried poisonous or harmful cargoes on the last voyages.

[Article 4] Containers, which are found not to conform to the technical conditions for shipping after inspection by the commodity inspection bureaux of the People's Republic of China and their branches (hereinafter referred to as the commodity inspection authorities), the container stuffing agents should arrange a reinspection for them, which shall be conducted once only.ŸŸ If the containers still do not conform to the technical conditions for shipping after reinspection, steps should be taken to make them conform, after which application formalities should begin once more.

Containers which conform to the technical conditions for shipping, if not used immediately, should be sealed and kept in good condition by the applicant.

[Article 5] In addition to the requirements in Article 2, the parties involved in foreign trade may, if necessary, apply to the local commodity inspection authorities for surveys of container stuffing and unstuffing, of which the particulars are as follows:

(1) A container stuffing survey includes the inspection of the conditions for shipping, checking the stowage plan, supervising container stuffing, surveying the packing; marking, quantity and stowage of the intended cargoes, and the sealing of containers.

(2) A container unstuffing survey includes the inspection of seals and general appearance of containers, unsealing containers, surveying the stowage of cargoes before unstuffing, supervising container unstuffing, surveying the packing, marking, quantity of the discharged cargoes, and determining the possible causes of shortage or damage of cargoes.ŸŸ If necessary, a damage survey may be carried out, together with the unstuffing survey, in accordance with the relevant survey items and rules, and a certificate of unstuffing/damage survey shall be issued accordingly.

(3) Container surveys in case of chartering and returning: Container survey in case of chartering includes surveying the types, numbers, specifications, quantity and inner and outer surfaces, and other conditions for shipping.ŸŸ Container survey in case of returning includes surveying the conditions of containers, type and extent of damages, and determining the expenses of repairing the containers, if repairs are necessary.

(4) Individual items of container surveys include surveys of cleanliness, refrigeration efficiency, weatherproofing and others.

[Article 6] Applicants should make their application at the local commodity inspection authorities two days ahead of the inspection and provide the relevant documents such as the cargo manifest, invoices, bill of lading, letter of credit, contract and charter party necessary for the inspection, and provide the necessary appliances and manpower.

[Article 7] After inspection, the commodity inspection authorities shall issue a certificate indicating that the containers conform to the requirements.ŸŸ For containers subject to legal inspection, shippers or their agents can arrange for container stuffing after the container inspection certificate has been issued by the commodity inspection authorities.

[Article 8] Container forwarding agents handling imports and container stuffing agents handling Exports should provide an export cargo list and distribution plan of containers to the local commodity inspection authorities for checking.

[Article 9] Those who violate the Provisions shall be punished by the commodity inspection authorities in accordance with Article 23 of the Regulations on the Inspection of Import and export Commodities of the People's Republic of China.

[Article 10] The commodity inspection authorities shall collect inspection fees and other expenses for carrying out inspection on containers.

[Article 11] As for containers from Guangdong and Guangxi to Xianggang (Hongkong) or Aomen (Macao), the commodity inspection authorities at those regions shall formulate relevant rules in accordance with the Provisions and the specific conditions.

[Article 12] The Provisions shall go into effect as of July 1, 1984.