Adopted at the 6th Meeting of the Standing Committee of the
Seventh National People's Congress on February 21, 1989 and
promulgated by Order No. 14 of the President of the People's
Republic of China on February 21, 1989, amended in accordance with
the Decision on Amending the Law of the People's Republic of China
on Import and Export Commodity Inspection adopted at the 27th
Meeting of the Standing Committee of the Ninth National People's
Congress on April 28, 2002.
Chapter I General Provisions
Article 1 This Law is enacted with a view to improving the
inspection of import and export commodities, regulating inspection
of import and export commodity, protecting public interests and the
legitimate rights and interests of the parties involved in foreign
trade, and promoting the smooth development of China's economic and
trade relations with other countries.
Article 2 The State Council shall establish an administration
for import and export commodity inspection (hereinafter referred to
as the State administration for commodity inspection, in short),
which shall be in charge of the inspection of import and export
commodities throughout the country. The local import and export
commodity inspection authorities set up by the State administration
for commodity inspection (hereinafter referred to as the commodity
inspection authorities, in short) shall be responsible for the
inspection of import and export commodities within the regions
under their jurisdiction.
Article 3 The commodity inspection authorities and the
inspection bodies permitted by the State administration for
commodity inspection shall, in accordance with law, perform the
inspection of import and export commodities.
Article 4 The import and export commodities shall be inspected
in adherence to the principles of protecting human health and
safety, animal and plant life and health, and the environment;
preventing deceptive practices and preserving security of the
State. The State administration for commodity inspection shall
compile and readjust the catalogue of import and export commodities
subject to compulsory inspection (hereinafter referred to as the
Catalogue, in short) and publish it for implementation.
Article 5 The inspection of the import and export commodities
which are listed in the Catalogue shall be conducted by the
commodity inspection authorities.
No import commodities specified in the preceding paragraph that
are not inspected may be said or used; and no commodities specified
in the preceding paragraph that fail to pass the inspection may be
exported.
Among the import and export commodities specified in the first
paragraph of this Article, those that meet the requirements for
exemption from inspection, as prescribed by the State, may be
exempted from inspection, if the consignee or consignor files an
application and the application is approved by the State
administration for commodity inspection after examination.
Article 6 By compulsory inspection of import and export
commodities is meant the conformity assessment as to whether the
import and export commodities included by decision in the Catalogue
meet the compulsory requirements of the technical regulations of
the State.
The procedures for conformity assessment include: sampling,
testing and inspection; evaluation, verification and assurance of
conformity; and registration, accreditation and approval as well as
their combinations.
Article 7 The import and export commodities which are listed in
the Catalogue shall be inspected in accordance with the compulsory
requirements of the technical regulations of the State. With regard
to those commodities for which compulsory requirements of the
technical regulations of the State have not yet been formulated,
such requirements shall be formulated in time according to law.
Before their formulation, those commodities may be inspected with
reference to the relevant foreign standards designated by the State
administration for commodity inspection.
Article 8 The inspection bodies permitted by the State
administration for commodity inspection may provide inspection and
survey services in respect of the import and export commodities as
entrusted by parties involved in foreign trade or by foreign
inspection bodies.
Article 9 Import and export commodities or items subject to
inspection by other inspection bodies, as provided for by laws or
administrative rules and regulations, shall be inspected in
accordance with the provisions of relevant laws or administrative
rules and regulations.
Article 10 The State administration for commodity inspection and
the commodity inspection authorities shall, without delay, collect
information on the inspection of import and export commodities and
make it available to the relevant quarters.
The staff members of the State administration for commodity
inspection and the commodity inspection authorities shall have the
obligation to keep the commercial secrets of which they become
aware in the course of fulfilling their duties of inspection of
import and export commodities.
Chapter II Inspection of Import Commodities
Article 11 For import commodities which are subject to
inspection by the commodity inspection authorities, as provided for
by this Law, the consignee or his agent shall apply for inspection
to the commodity inspection authorities located at the place he
makes Customs declarations. The Customs shall check and release the
commodities on the strength of the Documents for Customs Clearance
issued by the commodity inspection authorities.
Article 12 For import commodities which are subject to
inspection by the commodity inspection authorities, as provided for
by this Law, the consignee or his agent shall, in the places and
within the time limit specified by the commodity inspection
authorities, accept inspection of the import commodities conducted
by the commodity inspection authorities. The commodity inspection
authorities shall complete the inspection and issue an inspection
certificate within the time limit specified uniformly by the State
administration for commodity inspection.
Article 13 Where the consignee of the import commodities other
than those that are subject to inspection by the commodity
inspection authorities, as provided for by this Law, finds that the
import commodities do not meet the relevant quality requirements,
are damaged or are short on weight or quantity, he 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 14 For important import commodities and complete sets of
equipment in large size, the consignee shall, in accordance with
the terms agreed upon in foreign trade contracts, conduct initial
inspection or initial supervision over manufacturing or loading in
the exporting country before shipment, over which the relevant
competent departments shall tighten their supervision. The
commodity inspection authorities may, when necessary, dispatch
inspection officials to take part in such inspection and
supervision.
Chapter III Inspection of Export
Commodities
Article 15 For export commodities which are subject to
inspection by the commodity inspection authorities, as provided for
by this Law, the consigner or his agent shall, in the places and
within the time limit specified by the commodity inspection
authorities, apply for inspection to the commodity inspection
authorities. The commodity inspection authorities shall complete
the inspection and issue an inspection certificate within the time
limit specified uniformly by the State administration for commodity
inspection.
For the export commodities that are subject to inspection, as
provided for by this Law, the Customs shall check and release the
commodities on the strength of the Documents for Customs Clearance
issued by the commodity inspection authorities.
Article 16 Export commodities which have passed the inspection
conducted by the commodity inspection authorities and for which
inspection certificates have been issued shall be declared for
export within the time limit specified by the commodity inspection
authorities. Re-application for inspection is necessary when the
specified time limit expires.
Article 17 An enterprise manufacturing packagings for dangerous
export commodities shall apply to the commodity inspection
authorities for a test of the performance of such packagings. An
enterprise producing dangerous export commodities shall apply to
the same authorities for a test of the use of packagings. No
permission shall be granted for the export of dangerous commodities
kept in packagings which have not passed the test.
Article 18 For vessel holds or containers used for carrying
perishable foods, the carrier or the exporter using the vessel
holds or containers shall apply for inspection before loading. No
permission shall be granted for loading and shipment until the
vessel holds or containers have passed the inspection.
Chapter IV Supervision
Article 19 For the import and export commodities other than
those that are subject to inspection by the commodity inspection
authorities, as provided by this Law, the commodity inspection
authorities may conduct random inspection in accordance with State
regulations.
The State administration for commodity inspection may publicize
the results of random inspection or notify the relevant departments
of the random inspection.
Article 20 For the convenience of foreign trade, the commodity
inspection authorities may, in accordance with State regulations,
conduct quality supervision and inspection in respect of the export
commodities which are listed in the Catalogue, before they leave
the factory.
Article 21 The agent going through the formalities of applying
for inspection on behalf of the consignee of import commodities or
consigner of export commodities shall register with the commodity
inspection authorities. When going through the formalities of
applying for inspection, the agent shall submit his letter of
authorization to the commodity inspection authorities.
Article 22 The State administration for commodity inspection
may, in accordance with the relevant regulations of the State and
after examining their qualifications, permit the qualified
inspection bodies at home and abroad to undertake the inspection
and survey of import and export commodities entrusted to them.
Article 23 The State administration for commodity inspection and
the commodity inspection authorities shall, in accordance with law,
exercise supervision over the inspection and survey of the import
and export commodity conducted by the inspection bodies permitted
by the State administration for commodity inspection and may
conduct random inspection of the commodities which have been
inspected by such bodies.
Article 24 The State administration for commodity inspection
shall, in adherence to the unified certification system of the
State, have the relevant import and export commodities supervised
through certification.
Article 25 The commodity inspection authorities may, on the
basis of the agreements signed between the State administration for
commodity inspection and the foreign bodies concerned or upon
entrustment by the foreign bodies concerned, undertake quality
certification of import and export commodities, and permit the use
of quality certification marks on the import and export commodities
qualified.
Article 26 The commodity inspection authorities shall supervise,
through inspection of certificates, over the import and export
commodities which are subject to the permit system, as provided for
by this Law, examining the certificates and checking whether they
conform to the commodities concerned.
Article 27 The commodity inspection authorities may, when
necessary, place commodity inspection marks or sealing on the
import and export commodities which have passed the inspection.
Article 28 Where 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
re-inspection to the same authorities, or to those at the next
higher level or up to the State administration for commodity
inspection. The commodity inspection authorities or the State
administration for commodity inspection which accepts the
application for re-inspection shall draw a timely conclusion after
re-inspection.
Article 29 Where a party is not satisfied with the conclusion
drawn after re-inspection by the commodity inspection authorities
or the State administration for commodity inspection, or is not
satisfied with the decision on punishment made by the commodity
inspection authorities, he may, in accordance with law, apply for
administrative reconsideration or bring a suit in a People's Court
according to law.
Article 30 The State administration for commodity inspection and
the commodity inspection authorities shall, in the course of
performing their duties, abide by laws, safeguard the interests of
the State, execute the laws strictly in pursuant to their statutory
functions and powers and the statutory procedures, and accept
supervision.
The State administration for commodity inspection and the
commodity inspection authorities shall, on the basis the
requirements for performing their duties according to law,
strengthen the building of their contingents and enable their staff
members to possess good political and professional qualifications.
The staff members engaged in commodity inspection authorities shall
receive professional training and appraisal regularly, and only
those who pass the appraisal may be assigned to their duties.
The staff members engaged in commodity inspection shall devote
themselves to their duties, offer services with civility and
observe professional ethics, and refrain from abusing their powers
and seeking personal gain.
Article 31 The State administration for commodity inspection and
the commodity inspection authorities shall establish a sound system
for internal supervision, and conduct supervision and inspection on
the execution of laws by their staff members.
The limits of duties and powers of the key posts for accepting
applications for inspection, conducting inspection and issuing
certificates to release commodities shall be explicitly defined, so
that they are separate from each other and are mutually
conditioned.
Article 32 Any unit and individual shall have the right to
accuse and inform against the violations of laws and rules of
discipline committed by the State administration for commodity
inspection, the commodity inspection authorities and their staff
members. The departments receiving the accusations and information
shall, in accordance with law and the division of duties,
investigates and deal with them without delay, and shall keep
secret for the accusers and informers.
Chapter V Legal Responsibility
Article 33 Where a person, in violation of the provisions of
this Law, sells or uses the import commodities subject to
inspection by the commodity inspection authorities, for the
inspection of which he fails to file an application and which have
not undergone inspection, or exports the commodities for export
subject to inspection by the commodity inspection authorities, for
the inspection of which he fails to file an application and which
fail to pass the inspection, his unlawful gains derived therefrom
shall be confiscated by the commodity inspection authorities and,
in addition, be fined not less than five percent but not more than
twenty percent of the value of the commodities; and if the
violation constitutes a crime, he shall be investigated for
criminal responsibility according to law.
Article 34 Where a unit, in violation of the provisions of this
Law and without permission by the State administration for
commodity inspection, conduct inspection and survey of import and
export commodities, the commodity inspection authorities shall
order it to desist from the illegal operation; confiscate its
unlawful gains derived therefrom and, in addition, impose on it a
fine of not less than the amount of, but not more than three times
the amount of, the unlawful gains.
Article 35 Where a person imports or exports commodities which
are adulterated or mixed with fake commodities, spurious
commodities as genuine ones or defective commodities as good ones,
or unqualified commodities as qualified ones, the commodity
inspection authorities shall order him to desist from importing or
exporting commodities, confiscate his unlawful gains derived
therefrom and, in addition, impose on him a fine of not less than
fifty percent of, but not more than three times the amount of, the
value of the commodities; and if the violation constitutes a crime,
he shall be investigated for criminal responsibility according to
law.
Article 36 Where a person fabricates, adulterates, deals in or
steals commodity inspection certificates or documents, seals or
stamps, marks, sealing or quality certification marks, he shall be
investigated for criminal responsibility according to law; and if
the violation is not serious enough for criminal punishment, the
commodity inspection authorities shall order him to rectify,
confiscate his unlawful gains derived therefrom and, in addition,
impose on him a fine of not more than equivalent of commodities
value.
Article 37 Where a staff member of the State administration for
commodity inspection or the commodity inspection authorities, in
violation of the provisions of this Law, divulges the commercial
secrets of which he is aware, he shall be given an administrative
sanction according to law; his unlawful gains, if any, shall be
confiscated; and if the violation constitutes a crime, he shall be
prosecuted for criminal responsibility according to law.
Article 38 Where a staff member of the State administration for
commodity inspection or the commodity inspection authorities abuses
his power, intentionally creates difficulties, engages in
malpractices for personal gain, fabricates inspection results or
neglects his duty and delays the inspection of commodities and the
issuance of certificates, he shall be given an administrative
sanction according to law; and if the violation constitutes a
crime, he shall be investigated for criminal responsibility
according to law.
Chapter VI Supplementary Provisions
Article 39 The commodity inspection authorities and other
inspection bodies that conduct inspection or providing inspection
and survey services in accordance with the provisions of this Law
shall collect fees according to relevant State regulations.
Article 40 Regulations for the implementation of this Law shall
be formulated by the State Council.
Article 41 This Law shall go into effect as of August 1,
1989.
Source: Ministry of Commerce