(Adopted at the
Sixth Meeting of the Standing Committee of the Seventh National People's
Congress on February 21, 1989, promulgated by Order No.14 of the President
of the People's Republic of China on February 21, 1989, and effective as
of August 1, 1989)
Chapter I General Provisions
Chapter II Inspection of Import Commodities
Chapter III Inspection of Export Commodities
Chapter IV Supervision and Administration
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to strengthening the inspection
of import and export commodities, ensuring the quality of import and export
commodities, protecting the lawful rights and interests of the parties
involved in foreign trade, and promoting the smooth development of China's
economic and trade relations with foreign 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), which shall be in charge of
the inspection of import and export commodities throughout the country.
The local import and export commodity inspection authorities (hereinafter
referred to as the commodity inspection authorities) set up by the State
Administration for Commodity Inspection shall be responsible for the inspection
of import and export commodities within areas under their jurisdiction.
Article 3 The commodity inspection authorities and other inspection organizations
designated by the State Administration for Commodity Inspection and the
commodity inspection authorities shall, in accordance with the law, perform
the inspection of import and export commodities.
Article 4 The State Administration for Commodity Inspection shall, in
the light of the needs in the development of foreign trade, make, adjust
and publish a List of Import and Export Commodities Subject to Inspection
by the Commodity Inspection Authorities (hereinafter referred to as the
List of Commodities).
Article 5 Import and export commodities which are included in the List
of Commodities and import and export commodities subject to inspection
by the commodity inspection authorities under other laws or administrative
rules and regulations must be inspected by the commodity inspection authorities
or inspection organizations designated by the State Administration for
Commodity Inspection or the commodity inspection authorities. No permission
shall be granted for the sale or use of import commodities specified in
the preceding paragraph until they have undergone inspection; and no permission
shall be granted for the export of export commodities specified in the
preceding paragraph until they have been found to be up to standard through
inspection. Import and export commodities specified in the first paragraph
of this Article may be exempted from inspection upon the examination and
approval of an application from the consignee or consignor by the State
Administration for Commodity Inspection.
Article 6 Inspection on import and export commodities performed by the
commodity inspection authorities shall cover quality, specifications,
quantity, weight, packing and the requirements for safety and hygiene.
Import and export commodities governed by compulsory standards or other
inspection standards which must be complied with as provided for by laws
or administrative rules and regulations shall be inspected in accordance
with such inspection standards; in the absence of such stipulations, import
and export commodities shall be inspected in accordance with the inspection
standards agreed upon in the foreign trade contracts.
Article 7 Import and export commodities or items subject to inspection
by other inspection organizations under laws or administrative rules and
regulations shall be inspected in accordance with the provisions of relevant
laws or administrative rules and regulations.
Article 8 The State Administration for Commodity Inspection and the commodity
inspection authorities shall collect information on the inspection of
import and export commodities and make it available to the relevant circles.
Chapter II Inspection of Import Commodities
Article 9 For import commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignee
must register them with the commodity inspection authorities located at
the port of discharge or the station of arrival. Import commodities which
are included in the List of Commodities shall be checked and released
by the Customs upon presentation of the seal of the commodity inspection
authorities affixed to the Customs declaration.
Article 10 For import commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignee
shall apply to the same authorities for inspection in places and within
the time limit specified by them. The commodity inspection authorities
shall accomplish the procedures for inspection and issue an inspection
certificate within the period of validity of claims prescribed in a foreign
trade contract.
Article 11 If import commodities other than those which are subject to
inspection by the commodity inspection authorities in accordance with
this Law are found to be not up to the quality standard, damaged or short
on weight or quantity, the consignee 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 12 For important import commodities and a complete set of equipment
in large size, the consignee shall, in accordance with the terms agreed
upon in a foreign trade contract, conduct initial inspection or initial
supervision over manufacturing or loading in the exporting country before
shipment, while the relevant competent departments shall strengthen their
supervision. The commodity inspection authorities may, when necessary,
dispatch inspection personnel to take part in such inspection and supervision.
Chapter III Inspection of Export Commodities
Article 13 For export commodities which are subject to inspection by the
commodity inspection authorities in accordance with this Law, the consignor
shall apply to the same authorities for inspection in the places and within
the time limit specified by them. The commodity inspection authorities
shall accomplish the procedures for inspection and issue a certificate
without delaying the prescribed time for shipment. Export commodities
which are included in the List of Commodities shall be checked and released
by the Customs upon presentation of the inspection certificate or the
paper for release issued by the commodity inspection authorities or the
seal of the same authorities affixed to the Customs declaration.
Article 14 Export commodities which have been inspected and passed by
the commodity inspection authorities and for which an inspection certificate
or a paper for release has been issued by the same authorities shall be
declared for export and shipped out of the country within the time limit
specified by the same authorities. Failing to meet the time limit shall
entail reapplication for inspection.
Article 15 An enterprise manufacturing packagings for dangerous export
goods must apply to the commodity inspection authorities for a test of
the performance of such packagings. An enterprise producing dangerous
export goods must apply to the same authorities for a test of the use
of packagings. No permission shall be granted for the export of dangerous
goods kept in packagings which have not passed a test.
Article 16 For vessel holds or containers used for carrying perishable
foods, the carrier or the organization using the containers shall apply
for inspection before loading. No permission shall be granted for loading
and shipment until the relevant conditions are passed by the inspectors.
Chapter IV Supervision and Administration
Article 17 The commodity inspection authorities may make a random inspection
of import and export commodities beyond those subject to inspection by
the commodity inspection authorities in accordance with this Law. No permission
shall be granted for the export of export commodities found to be substandard
in a random inspection.
Article 18 The commodity inspection authorities may, when necessary, assign
inspection personnel to manufacturers of export commodities which are
included in the List of Commodities to take part in supervision over the
quality inspection of export commodities before they leave the factory.
Article 19 The commodity inspection authorities may undertake the quality
certification of import and export commodities on the basis of agreements
signed between the State Administration for Commodity Inspection and the
foreign bodies concerned or upon entrustment by the foreign bodies concerned.
They may permit the use of quality certification marks on import and export
commodities which have been given quality certification.
Article 20 The State Administration for Commodity Inspection and the commodity
inspection authorities shall, on the basis of the requirements in their
inspection, entrust competent inspection organizations at home and abroad
with the inspection of import and export commodities after examining their
qualifications.
Article 21 The State Administration for Commodity Inspection and the Commodity
inspection authorities shall exercise supervision over the import and
export commodity inspection conducted by the inspection organizations
designated or approved by them and may make a random inspection of the
commodities which have been inspected by such organization.
Article 22 The State shall, when necessary, institute a quality licence
system for important import and export commodities and their manufacturers.
The specific measures thereof shall be drawn up by the State Administration
for Commodity Inspection in conjunction with the relevant competent departments
under the State Council.
Article 23 The commodity inspection authorities may, when necessary, place
commodity inspection marks or sealings on import and export commodities
proved to be up to standard through inspection.
Article 24 In case 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 reinspection to the
same authorities, to those at the next higher level or to the State Administration
for Commodity Inspection. The conclusion on reinspection shall be made
by the commodity inspection authorities or the State Administration for
Commodity Inspection which has accepted the application for reinspection.
Article 25 The commodity inspection authorities, the inspection organizations
designated by them and other inspection organizations approved by the
State Administration for Commodity Inspection may handle the business
of superintending and surveying import and export commodities as entrusted
by parties involved in foreign trade or by foreign inspection bodies.
The scope of business of superintending and surveying import and export
commodities shall cover: inspection of the quality, quantity, weight and
packing of import and export commodities; inspection of cargoes with respect
to general or particular average; inspection of container cargoes; damage
survey of import cargoes; inspection of technical conditions for the shipment
of exports; measurement of dead tonnage; certification of the origin or
value of exports and other superintending and surveying services.
Chapter V Legal Responsibility
Article 26 Anyone who, in violation of the relevant provisions of this
Law, purposely markets or uses import commodities which are included in
the List of Commodities or subject to inspection by the commodity inspection
authorities in accordance with other laws or administrative rules and
regulations without having such commodities inspected, or purposely exports
export commodities which are included in the List of Commodities or subject
to inspection by the commodity inspection authorities in accordance with
other laws or administrative rules and regulations without having such
commodities inspected and proved up to standard shall be fined by the
commodity inspection authorities. If the circumstances are serious and
cause heavy economic losses, the criminal responsibility of the personnel
directly responsible shall be investigated by applying mutatis mutandis
the provisions of Article 187 of the Criminal Law. Anyone who, in violation
of the provisions of Article 17 of this Law, purposely exports export
commodities which have been found substandard during a random inspection
by the commodity inspection authorities, shall be punished in accordance
with the provisions of the preceding paragraph.
Article 27 If the falsifying or remaking of the certificates or documents,
seals or stamps, marks, sealings or quality certification marks for commodity
inspection constitutes a crime, the criminal responsibility of the personnel
directly responsible shall be investigated by applying mutatis mutandis
the provisions of Article 167 of the Criminal Law; if the circumstances
are minor, the offender shall be fined by the commodity inspection authorities.
Article 28 If a party refuses to accept the punishment decision of the
commodity inspection authorities, he may, within 30 days of receiving
the notice on the punishment, apply for reconsideration to the same authorities
which have made the punishment decision, to those at the next higher level
or to the State Administration for Commodity Inspection. If the party
refuses to accept the decision on the reconsideration, he may, within
30 days of receiving the notice on the reconsideration decision, bring
a suit nor complies with the punishment decision within the prescribed
time limit, the commodity inspection authorities which have made the punishment
decision shall apply to a court of law for compulsory execution.
Article 29 Any functionary of the State Administration for Commodity Inspection
or of the commodity inspection authorities or any of the inspection personnel
of the inspection organizations designated by the State Administration
for Commodity Inspection and the commodity inspection authorities who
abuses his power, commits irregularities for the benefit of his relatives
or friends, falsifies inspection results or fails to conduct inspection
and issue a certificate within the time limit through dereliction shall,
depending on the seriousness of the circumstances, be given administrative
sanction, or his criminal responsibility shall be investigated according
to law.
Chapter VI Supplementary Provisions
Article 30 The commodity inspection authorities and other inspection
organizations shall collect fees according to relevant provisions for
carrying out inspection or performing superintending and surveying services
in accordance with the provisions of this Law. The procedures for collecting
fees shall be drawn up by the State Administration for Commodity Inspection
in conjunction with the competent departments under the State Council.
Article 31 Rules for the implementation of this Law shall be formulated
by the State Administration for Commodity Inspection and shall come into
force after being submitted to and approved by the State Council.
Article 32 This Law shall come into force as of August 1,1989. The Regulations
of the People's Republic of China on the Inspection of Import and Export
Commodities promulgated by the State Council on January 28, 1984 shall
be invalidated as of the same date.
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