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MEASURES
FOR RE-INSPECTION OF IMPORT
AND EXPORT COMMODITIES
(Issued by the State Administration for the Inspection
of Import and Export Commodities on December 10, 1989)
SUBJECT: COMMODITY INSPECTION FOREIGN TRADE & ECONOMIC RELATIONS
ISSUING-DEPT: THE STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT AND EXPORT COMMODITIES
ISSUE-DATE: 12/10/1990
IMPLEMENT-DATE: 01/01/1990
LENGTH: 656 words
TEXT:
[Article 1] These Measures are hereby formulated in accordance with Article 24 of the Law on the Inspection of Import and Export Commodities of the People's Republic of China.
[Article 2] If an applicant for inspection of import or export commodities (hereinafter referred to as "applicant") disagrees with the inspection results of a commodity inspection organ, he may apply to the original commodity inspection organ or its superior or the State Administration for the Inspection of Import and Export Commodities for re-inspection.
[Article 3] An application for re-inspection should be made by the applicant within 15 days after receipt of the inspection results from the commodity inspection organ, along with filled out forms and related documents. For application forwarded by mail, the day mailed out the application will be regarded as the application date.
After examining the application for re-inspection, the commodity inspection organ or the State Administration for the Inspection of Import and Export Commodities shall accept the application if the facts provided are met.
[Article 4] The applicant shall keep the commodity for re-inspection unchanged, with the packing, quality, quantity and marks remain the same as original.
[Article 5] The commodity inspection organ or the State Administration for the Inspection of Import and Export Commodities shall complete the re-inspection within 30 days after receipt of the application and issue the certificate of the re-inspection result. If the contents and procedures for re-inspection are complicated or any other specific reasons, the re-inspection period may be extended but may not exceed 70 days, and the applicant must be informed.
[Article 6] The commodity inspection organ or the State Administration for the Inspection of Import and Export Commodities in charge of the re-inspection shall set up a group of experts to carry out the re-inspection.
[Article 7] The re-inspection group of experts should observe disciplinary regulations, carry out their work with fairness and work independently in accordance with regulations.
[Article 8] Re-inspection shall be carried out in accordance with the following procedures:
(1) Examine application form for re-inspection and other necessary materials provided by applicant;(2) Examine the findings of the original inspection (including standards and methods used in the inspection);(3) Examine the procedures used in the original inspection and its processes of inspection and testing;(4) Check commodity batch number, marks and signs, serial number, quality, weight, quantity, packaging and conditions;(5) Fix the standard for re-inspection and procedures for inspection and testing, and work out the proposal for taking samples for re-inspection;(6) Testing the samples;(7) Make assessment for drawing a conclusion of re-inspection;(8) Draw a conclusion of re-inspection and issue a conclusion certificate for re-inspection.
[Article 9] If the applicant still disagrees with the results of re-inspection, he may apply to the State Administration for the Inspection of Import and Export Commodities for another re-inspection within 5 days after receipt of the results. The conclusion of re-inspection made by the State Administration for the Insepction of Import and Export Commodities shall be final.
[Article 10] The applicants shall pay re-inspection fees as stipulated.
[Article 11] If the re-inspection results are in contradiction with the original inspection, the commodity inspection organ or the State Administration for the Inspection of Import and Export Commodities shall assess the original inspection process. The original commodity inspection organ should bear the cost for re-inspection if it is at fault.
[Article 12] These Measures shall come into force on January 1, 1990.
