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Chapter I General Provisions
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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.
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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.
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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.
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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.
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Article 5 The inspection of the import and export
commodities which are listed in the Catalogue shall be
conducted by the commodity inspection authorities.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 ??
Inspection of Import Commodities
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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.
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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.
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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,.
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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 ??
Inspection of Export Commodities
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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.
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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.
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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.
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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.
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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
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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.
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The State administration for commodity inspection may
publicize the results of random inspection or notify the
relevant departments of the random inspection.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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, investigate and deal with them without delay, and
shall keep secret for the accusers and informers.
Chapter V
Legal Responsibility
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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.
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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.
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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.
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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.
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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.
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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
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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.
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Article 40 Regulations for the implementation of this Law shall be formulated by the State Council.
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Article 41 This Law shall go into effect as of August 1, 1989.
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