IMPLEMENTING MEASURES FOR TH INSPECTION OF IMPORT
AND EXPORT COMMODITIES INVOLVING FOREIGN CAPITAL IN
SHANGHAI MUNICIPALITY (TRIAL IMPLEMENTATION)

(Promulgated 5 December 1984 by the Shanghai
Municipal People's Government)

 

SUBJECT: COMMODITY INSPECTION

ISSUING-DEPT: SHANGHAI MUNICIPALITY

ISSUE-DATE: 12/05/1984

IMPLEMENT-DATE: 01/01/1985

LENGTH: 1225 words

TEXT:

These Measures are formulated in accordance with the relevant provisions of the Regulations on the Inspection of Import and Export commodities of the Peopls's Republic of China and their Detailed Implementation Rules, and take into account the actual conditions in shanghai municipality.

[Article 1] import and export commodities, including equipment, raw materials, spare prts, finished products and other goods involving foreign capital (including capital form the regions of Hong Kong, Macao and Taiwan, hereinafter included in the term "foreign capital similar to) must pass an inspection. Import commodities may not be installed for production purposes, sold or used without having undergone an inspection. Export commodities may not by exported without an inspection.

[Article 2] the Shanghai Bureau of Import and Export Commodity Inspection (hereinafter referred to as the Shanghai Commodity Inspection Bureau) is the organ in charge of the uniform supervision and control of the inspection of import and export commodities involving foregn capital in shanghai.

[Article 3] whter enterprises with sole foreign investment import of directly export commodities that are included in the List of Commodities Subject to Inspection by the Commodity Inspection Authorities (hereinafter referred to as the List of Commodities), the inspection will be conducted by the enterpriese themselves.

Prior to the sale of any goods within Chinses territory (excluding the regions of Hong Kong and Macao) by an enterrpise with sole foreign investment, it shall go through quality registration procedures with the shanghai commodity Inspection Bureau and provide quality inspection standards. Cuality registration procedures for products within the same category shall be carries out at the one time. Prior to the domestic sale of products related to the areas of safety or public hygiene, the products must be submitted to the Shanghai Comodity Inspection Bureau for inspection and such products may be sold only if a certificate of quality or a sales permit has been issued after the inspection.

[Article 4] Commodities imported by a Sino-foreign joing equity enterprise which are included in the List of Commodities must on arrival be reported to the Shanghai Commodity Inspection Bureau for inspection. Other imported commodities will be inspected by the enterprise itself after being declared to the Shanghai Commodity Inspection bureau, and the inspection results will be filed with the Shanghai Commodity Inspcetion bureau. Where products are found to be substandard an application shall be promptly lodged with the Shanghai Commodity Inspection bureau for re-examination and certification so that claims can be made against the foreign party concerned.

Sino-foreign joint equity enterpriese which edport products related to the areas of safety or public hygiene must declare them to thd Shanghai commidity Inspection bureau for inspection before their export. Export will only be allowed after a certificate of inspection has been issued. Inspection of other export products will be carried out by enterprises themselves.

[Article 5] Commodities imported under compensation trade arrangements must on their arrival be reported to the Shanghai Commodity Inspection bureau after which an inspection will be carried out by the enterprise itself and the inspection results filed with the Shanghai Commodity Inspection Bureau. Where products are found to be substandard an application shall be promptly lodged with the Shanghai Commodity Inspection Bueau for re-examination and certification so that claims can be made against the foreign party concerned.

Inspection standards and methods of inspection for commotidites exported undet compensation trade arrangements shall be specified in the compensation trade contract and inspections will be carried out by enterprises in accordance with the contract provisions.

[Article 6] Import and export commodities for commission processing will be inspected by the owners of the goods or the units engaged to undertake the processing.

Inspection standards and methods of inspection for import and export commodities for leasing trade shall be specified in the leasing contract and the inspection will be carried out by enterprises in accordance with the contract.

[Article 7] Products for domestic sale that are manufactured by Sino-Foreign joint equity enterprises or though commission processing shall be inspected in accordance with the second paragraph of Article 3 of these Meausres concerning the requirements and the implementing procedures for the inspection of products for domestic sale which are manufactured by enterprises with sole foreign investment.

[Article 8] Goods and materials with foreign investment for the construction of hotels, apartments, airports, harhours, railways, trade centres, etc., which are included in the List of Connodities or which must be inspected in accordance with the regulations of the Shanghai Municipal People's Government must be reported to the Shanghai Commodity Inspection bureau upon their arrival. Other imported goods and materials will be inspected by the enterprises themselves after being declared to the Shanghai Commodity Inspection Bureau and the inspection results will be filed with the Shanghai Commodity Inspection Bureau. Where goods or materials are found to be substandard an application must be promptly lodged with the Shanghai Commodity Inspection Bureau for re-examination and certification so that claims can be made against the foreign party concerned.

[Article 9] Where the export commodities of enterprises with sole foreign investment, Sino-foreign joint equity enterprises and Sino-foreign co-operative enterprises meet the requirements of the country of origin, the Shanghai Commodity Inspection Bureau shall issue Generalised Generalised System of Perference certificates of origin to those enterprises which have applied.

[Article 10] The Shanghai Import and Export Commodity Inspection Corporation is the body designated to handle the notarial appraisal of matters involving import and export trade. Should a notarial appraisal be required for the delivery and receival, settlement, pricing, computation, customs declaratiin, payment of tax and duties, claims against foreign parties or other matters concerning the import and export of commodities unvolving foreign capital, the Shanghai Import and export of commodities involving foreign capital, the Shanghai Import and Export Commodity Inspection Corporation may be engaged to carry out the notarial appraisal.

[Article 11] Foreign (including the regions of Hong Kong and Macao) inspection bodies are not permitted to be established in Shanghai. The Shanghai Import and Export Commodity Inspection Corporation may develop mutual commission and agency work and other areas of inspection business with foreign notary and inspection bodies.

[Article 12] The Shanghai Commodity Inspection bureau has the right to interpret these Measures and may formulate detailed implementing rules in accordance with these Measures.

[Article 13] These Measures will be effective from January 1, 1985 following the approval of the Shanghai Municipal People's Government.