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State Council
Order of the State Council of the People’s Republic of China
No.447
The Implementing Regulations for the Law of the People’s Republic of China on Inspection of Import and Export Commodity, which were
adopted at the 101st executive meeting of the State Council on August 10, 2005, are hereby promulgated, and shall come into force
as of December 1, 2005.
Order of the State Council, Wen Jiabao
August 31, 2005
Implementing Regulations for the Law of the People’s Republic of China on Inspection of Import and Export Commodity
Chapter I General Provisions
Article 1
The present Regulations are formulated according to the provisions of the Law of the People’s Republic of China on Inspection of
Import and Export Commodity (hereinafter referred to as the Commodity Inspection Law).
Article 2
The General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (hereinafter referred
to as the GAQSIQ) shall be in charge of the work for inspection of import and export commodity countrywide.
The entry-exit inspection and quarantine bureaus and their branches established by the GAQSIQ at the provinces, autonomous regions,
and municipalities directly under the Central Government, as well as at the ports, and the distribution centers of import and export
commodities (hereinafter referred to as the entry-exit inspection and quarantine organs) shall be responsible for the work of import
and export commodity inspection at the place under their jurisdictions.
Article 3
The GAQSIQ shall, according to the provisions of Article 4 of the Commodity Inspection Law, formulate and adjust the Catalog of Import
and Export Commodities Subject to Compulsory Inspection (hereinafter referred to as the Catalog), and promulgate and implement it
.
The Catalog shall be promulgated at least 30 days before its implementation; under emergency circumstances, it shall be promulgated
no later than the date of its implementation.
The GAQSIQ shall, when formulating and adjusting the Catalog, solicit the opinions of the competent department of foreign trade of
the State Council and the General Administration of Customs and other relevant departments concerned.
Article 4
The entry-exit inspection and quarantine organs shall conduct inspection on the import and export commodities listed in the Catalog
and other import and export commodities that shall be subject to the inspection by the entry-exit inspection organs as prescribed
by laws and administrative regulations (hereinafter called as the statutory inspection).
The entry-exit inspection and quarantine organs shall make random selective inspection on the import and export commodities that are
not subject to statutory inspection in accordance with the state provisions.
Article 5
Quality inspection on import and export medicines, calibration of instruments of measurement, supervision and inspection on the safety
of boilers and pressure vessels, inspection on the specifications of ships (including offshore platforms, main equipment and materials
for the ships) and containers, inspection on airworthiness of aeroplanes (including the plane’s engine and equipment) and safety
inspection on nuclear pressure-bearing equipment and other projects shall be examined by the inspection organs as prescribed by
the relevant laws and administrative regulations.
Article 6
Samples and gifts that enter and exit the territory, goods temporarily permitted to enter and exit the territory and other non-trade
articles may be exempted from inspection, unless otherwise specified by any law or administrative regulation.
The import and export commodities listed in the Catalog that comply with the conditions of exemption from inspection as prescribed
by the state shall be exempted from inspection by the entry-exit inspection and quarantine organs upon the application of the consignees,
consigners or the production enterprises and the examination and approval of the GAQSIQ.
The concrete measures for the exemption of inspection shall be formulated by the GAQSIQ through negotiating with the relevant departments.
Article 7
The import and export commodities subject to statutory inspection shall be inspected by the entry-exit inspection and quarantine organs
according to the provisions of Article 7 of the Commodity Inspection Law.
The GAQSIQ may, according to the actual requirement of import and export commodity inspection and the international standard, formulate
technical specifications and standards on the method of import and export commodity inspection.
The technical specifications and standards relied on or referred to in the import and export commodity inspection and the technical
specifications and standards of the inspection method shall be promulgated at least six months before the day of their implementation;
under emergency circumstances, they shall be promulgated no later than the day of their implementation.
Article 8
The entry-exit inspection and quarantine organs shall, upon the requirement of convenience for foreign trade, conduct classified management
on import and export enterprises, and carry out inspection on import and export commodities in light of the ways of inspection and
supervision as determined according to the prevailing international conformity assessment procedures.
Article 9
The contents of inspection on import and export commodities conducted by the entry-exit inspection and quarantine organs shall include:
whether the commodities comply with such requirements as safety, sanitation, health, environmental protection, prevention of fraud,
and etc., and the relevant quality, quantity and weight, and other items.
Article 10
The entry-exit inspection and quarantine organs shall, according to the provisions of the Commodity Inspection Law, conduct verification
administration on the import and export commodities subject to the license system and the compulsory authentication as prescribed
by the state, check the documentations and verify whether the documentations and the commodities are consistent with each other.
The catalog of import and export commodities subject to verification administration shall be formulated, adjusted and promulgated
by the GAQSIQ after negotiating with the relevant departments.
Article 11
The consignees or consigners of the import and export commodities may go through formalities of application for inspection by themselves,
or may entrust an agency enterprise for inspection application to go through formalities of application for inspections; where commodities
are imported and exported by way of express mails, the consignees or consigners shall entrust the enterprises of entry-exit express
mails operation to handle the formalities of application for inspection.
Article 12
The consignees or consigners of import and export commodities shall, when going through formalities of application for inspection,
put on records at the entry-exit inspection and quarantine organs according to law.
The agency enterprises for inspection application and the enterprises of entry-exit express mails operation shall be registered by
the entry-exit inspection and quarantine organs according to law when they are undertaking the business of application for inspection.
An enterprise that fails to be registered by an entry-exit inspection and quarantine organ shall not undertake the business of application
for inspection.
Anyone who handles the business of application for inspection shall go through registration on the practice of application for inspection
according to law, and carry out application for inspection upon the strength of certificate. Anyone who fails to go through registration
on the practice of application for inspection according to law shall not undertake the business of application for inspection.
Any agency enterprise for inspection application or enterprise of entry-exit express mails operation and applicant for inspection
shall not act as an agent for others to apply for inspection illegally, or undertake the business of application for inspection by
exceeding its business scope.
Article 13
In case any agency enterprise for inspection application accepts the entrustment of any consignee or consigner of import and export
commodities and handles formalities of application for inspection in the name of the client, it shall submit the power of attorney
of authorization to the entry-exit inspection and quarantine organ, and shall abide by the various provisions of the present Regulation
on the client; if it handles formalities of application for inspection in its own name, it shall undertake the same legal liabilities
as those of the consignee or the consigner.
An enterprise of entry-exit express mails operation that accepts the entrustment of a consignee or consigner of the import and export
commodities shall go through the formalities of application for inspection in its own name, and undertake the same legal liabilities
as those of the consignee or the consigner.
In case a client entrusts any agency enterprise for inspection application or any enterprise of entry-exit express mails operation
to handle the formalities of application for inspection, it shall provide the true information on the entrusted matters of application
for inspection to the agency enterprise for inspection application or the enterprise of entry-exit express mails operation; if any
agency enterprise for inspection application or the enterprise of entry-exit express mails operation accepts the entrustment of a
client to handle the formalities of application for inspection, it shall make reasonable examination on the truthfulness of the information
provided by the client.
Article 14
The GAQSIQ shall establish preliminary warning mechanism on the risk of import and export commodities, and make risk assessment, determine
the type of risk, and take corresponding preliminary warning measures against the risk and rapid response measures through collecting
the information on the import and export commodity inspection.
The GAQSIQ and the entry-exit inspection and quarantine organs shall provide the information on the import and export commodity inspection
to the relevant parties concerned in a timely manner.
Article 15
When the staff members in the entry-exit inspection and quarantine organs perform duties according to law, the relevant entities and
individuals shall give cooperation, no entity or individual shall illegally interfere or obstruct.
Chapter II Inspection on Import Commodities
Article 16
The consignees of the import commodities subject to statutory inspection shall apply for inspection to the entry-exit inspection and
quarantine organs at the place of customs declaration upon the strength of contracts, invoices, packing lists, bills of lading and
other necessary credence and the relevant documents of approval; and within 20 days after the commodities are released by the customs,
the consignees shall, in accordance with the provisions of Article 18 of the present Regulations, apply for inspection to the entry-exit
inspection and quarantine organs. No import commodity subject to statutory inspection may be sold or used without being inspected.
With regard to the import commodities subject to verification administration, the consignees shall apply for verification to the entry-exit
inspection and quarantine organs at the place of customs declaration. The entry-exit inspection and quarantine organs shall conduct
verification in accordance with the provisions of the GAQSIQ.
Article 17
With regard to the import commodities subject to statutory inspection and the import commodities subject to verification administration,
the customs shall handle customs clearance formalities upon the strength of the customs clearance form of goods issued by the entry-exit
inspection and quarantine organs.
Article 18
The import commodities subject to statutory inspection shall be inspected at the place of destination where the consignees apply for
inspection.
The inspection on large commodities in bulk, perishable commodities and solid wastes that may be used as materials, as well as the
commodities that have been damaged or short shall be conducted at the port of discharge.
For the import commodities as prescribed in the preceding two paragraphs, the GAQSIQ may, upon the requirement of convenience for
foreign trade and the requirement of import and export commodity inspection work, designate to inspect them at other places.
Article 19
Unless otherwise specified by any law or administrative regulation, if any import commodity subject to statutory inspection is disqualification
after inspection in such items concerning personal or property safety, health and environmental protection, the entry-exit inspection
and quarantine organ shall order the parties to destroy it, or issue the notice on returning the commodity and inform the customs
in written form, the customs shall handle the formalities for returning the shipment on the basis of the notice on returning the
commodity. If other items of the commodity are disqualification, technical treatment shall be made on it under the supervision of
the entry-exit inspection and quarantine organ, no commodity may be sold or used until it has been qualified after re-inspection.
In case any party applies to the entry-exit inspection and quarantine organ for issuing certificate, the entry-exit inspection and
quarantine organ shall issue the certificate in a timely manner.
For the unqualified import whole set of equipment and the materials after inspection, an entry-exit inspection and quarantine organ
shall issue the notice of not allowing the installation and use. And no such equipment and the materials thereof may be installed
and used until after they have been subject to technical treatment and passed the re-inspection by the entry-exit inspection and
quarantine organ.
Article 20
In case the import commodities that are not subject to statutory inspection failed to pass the random inspection by the entry-exit
inspection and quarantine organs, they shall be treated according to the provisions of Article 19 of the present Regulations
In case any import commodities subject to verification administration failed to pass the verification by the entry-exit inspection
and quarantine organ, they shall be treated in accordance with the provisions of Article 19 of the present Regulations or transferred
to the relevant departments for handling.
If the consignees of the import commodities that are not subject to statutory inspection discover that the quality of the import commodities
are unqualified or are damaged or short, and apply for issuing certificate, the entry-exit inspection and quarantine organs or other
inspection organs shall issue the certificate in a timely manner after inspection.
Article 21
The import commodities within the scope of statutory inspection that concern the national economy and the people’s livelihood, with
relatively high value and complicated technology and other important import commodities and large whole set of equipment shall be
manufactured under supervision, inspected before shipment or loaded under supervision according to the stipulations of the foreign
trade contract. The consignees shall keep the rights for final inspection and claims for compensation after the goods arrived.
The entry-exit inspection and quarantine organs may assign inspectors to take part in or organize the implementation of supervision
over the manufacture, inspection before shipment or loading under supervision according to the requirement.
Article 22
The state shall apply a registration system on overseas suppliers and domestic consignees of import solid wastes that may be used
as raw materials. An overseas supplier or domestic consignee shall, before signing a foreign trade contract, make registration at
the GAQSIQ or the entry-exit inspection and quarantine organ. The state shall implement the system of pre-shipping inspection on
the import solid wastes that may be used as raw materials. When such solid wastes are imported, the consignees shall provide the
pre-shipping inspection certificate issued by the entry-exit inspection and quarantine organs or the inspection organs designated
by the GAQSIQ.
The consignees of the old electromechanical products that are allowed to be imported by the state shall, before signing a foreign
trade contract, go through archival filing formalities to the GAQSIQ or the entry-exit inspection and quarantine organs. For the
imported high risk old electromechanical products with higher value, concerning personal or property safety, health, or environmental
protection and other items, the pre-shipping inspection shall be conducted in light of the relevant state provisions. When the aforesaid
products are imported, the consignees shall provide the pre-shipping inspection certificate issued by the entry-exit inspection and
quarantine organs or the inspection organs designated by the GAQSIQ.
After the import solid wastes that may be used as raw materials or the old electromechanical products allowed to be imported by the
state arrived, the inspection on them shall be conducted by the entry-exit inspection and quarantine organs according to law.
Article 23
After the import motor vehicles arrived, the consignees shall apply for obtaining the automobile plates to the vehicle administration
organs upon the strength of the certificate of import vehicle inspection or documents issued by the entry-exit inspection and quarantine
organs or other documents and certificates signed by the relevant departments. In case any quality defect concerning personal or
property safety is discovered during the use procedure of any vehicle, the entry-exit inspection and quarantine organ shall make
proper treatment in a timely manner.
Chapter III Inspection on Export Commodities
Article 24
The consigners of export commodities subject to statutory inspection shall, at the place and within the time limit as prescribed uniformly
by the GAQSIQ, apply for inspection to the entry-exit inspection and quarantine organs upon the strength of the contracts and other
necessary credence and the relevant documents of approval. No export commodities subject to statutory inspection may be exported
without being inspected or without passing the inspection.
An export commodity shall be inspected at the production place of the commodity. The GAQSIQ may, upon the requirement of convenience
for foreign trade and the inspection work on import and export commodities, designate to inspect them at other places.
For the export commodities subject to verification administration, the consigners shall apply for verification to the entry-exit inspection
and quarantine organs. The entry-exit inspection and quarantine organs shall conduct verification on them according to the provisions
of the GAQSIQ.
Article 25
In case any export commodity that is inspected at the production place of the commodity needs to be exported through recertification
at a port, the entry-exit inspection and quarantine organ at the production place of the commodity shall issue the inspection recertification
voucher according to provisions. The consigners shall apply for checking and inspection to the entry-exit inspection and quarantine
organ at a port upon the strength of the inspection recertification voucher and necessary credence within the prescribed time limit.
If the commodity has passed checking and inspection, the entry-exit inspection and quarantine organ at the port shall issue the customs
clearance form of goods.
Article 26
For the export commodities subject to statutory inspection and the export commodities subject to verification administration, the
customs shall handle the customs clearance formalities upon the strength of the customs clearance form of goods issued by the entry-exit
inspection and quarantine organs.
Article 27
In case any export commodity subject to statutory inspection does not pass the inspection of the entry-exit inspection and quarantine
organ or the entry-exit inspection and quarantine organ of a port, the technical treatment shall be made on it under the supervision
of the entry-exit inspection and quarantine organ, and it cannot be exported until it is up to the standard after re-inspection.
If any commodity cannot be treated by technical measure or is still not up to the standard after technical treatment by re-inspection,
it shall not be exported.
Article 28
The export commodities that are not subject to statutory inspection shall be treated in accordance with the provisions of Article
27 of the present Regulations if they are unqualified through the random selective inspection by the entry-exit inspection and
quarantine organs.
The export commodities subject to verification administration shall, if they are unqualified through the verification by the entry-exit
inspection and quarantine organs, be handled by referring to the provisions of Article 27 of the present Regulation or be transferred
to the relevant departments for handling.
Article 29
An enterprise producing packaging containers of dangerous export goods shall apply to the entry-exit inspection and quarantine organ
for a authenticate of the performance of such packaging containers. No packaging container may be used for packing dangerous goods
until it has qualified through the authentication of the entry-exit inspection and quarantine organ and obtained the performance
authenticate certificate.
An enterprise producing dangerous export goods shall apply for a authenticating on the use of the packaging containers of dangerous
goods to the entry-exit inspection and quarantine organ. No dangerous goods that use packaging containers without being authenticated
or without passing the authentication may be exported.
Article 30
For the containers used for export perishable food or frozen food, cabins, airplanes, vehicles and other means of delivery tools ,
the carriers, loading entities or their agents shall, before loading and shipping, apply to the entry-exit inspection and quarantine
organ for cargo worthiness inspection in respect of cleaning, hygiene, freezing, sealing and tightness, and etc.. No loading and
shipping may be permitted without being inspected or passing the inspection.
Chapter IV Supervision and Administration
Article 31
The entry-exit inspection and quarantine organs may, upon the requirement of convenience for foreign trade, make quality supervision
and administration and inspection on the export commodities listed in the Catalog before they leave the factories, and shall conduct
export commodity registration administration on the important export commodities concerning personal and property safety and health.
The export commodities that are subject to export commodity registration administration may not be exported until they have been
registered.
The contents of quality supervision and administration and inspection on export commodities conducted by the entry-exit inspection
and quarantine organs before they leave the factories shall include the supervision and inspection on the quality assurance work
of production enterprises, and the inspection on the export commodities before they leave the factories.
Article 32
The state shall implement sanitary registration administration on the production enterprises of import and export food. No production
enterprise of export food may produce, process or store export food until it has obtained sanitary registration. No food produced
by a production enterprise of import and export food may be imported or exported until the enterprise has obtained sanitary registration.
A production enterprise of import food that is subject to sanitary registration administration shall apply for sanitary registration
to the GAQSIQ according to the provision.
A production enterprise of export food that is subject to sanitary registration administration shall apply for sanitary registration
to the entry-exit inspection and quarantine organ according to the provision .
In case a production enterprise of export food needs to make sanitary registration abroad, the GAQSIQ shall handle the overseas sanitary
registration uniformly after the enterprise has made sanitary registration in accordance with the provisions of paragraph three of
this Article.
Article 33
The state shall implement sanitary registration administration on the production enterprises of import and export cosmetics. The concrete
measures shall be formulated by the GAQSIQ through negotiating with the competent department of health of the State Council.
Article 34
Before any import and export food or cosmetic is imported and exported, the operators or the agents thereof shall accept the inspection
of the entry-exit inspection and quarantine organs on whether the contents of the labels of the import and export food and cosmetic
comply with the requirements of laws and administrative regulations and the truthfulness and accuracy of the relevant contents concerning
the quality thereof, and shall obtain the inspection certificate documents issued by the GAQSIQ or the entry-exit inspection and
quarantine organs authorized by GAQSIQ on the labels of import and export food and cosmetic.
Article 35
The entry-exit inspection and quarantine organs shall place commodity inspection marks on the import and export commodities that have
passed inspection upon the requirement, and shall put sealing marks on the import and export commodities that have passed the inspection
and other import and export commodities that need to be stamped with sealing marks. The concrete measures shall be formulated by
the GAQSIQ.
Article 36
The entry-exit inspection and quarantine organs shall take samples from the import and export commodities subject to inspection in
light of the relevant provisions. The entry-exit inspection and quarantine organs shall notify the relevant entities to take back
the remaining samples after inspection within a prescribed time limit; if the samples fail to be taken back within the time limit,
they shall be treated by the entry-exit inspection and quarantine organs.
Article 37
In case an applicant for inspection of import and export commodities is dissatisfied with the inspection conclusion drawn by an entry-exit
inspection and quarantine organ, it/he may, within 15 days from the day of receiving the inspection conclusion, apply for re-inspection
to the entry-exit inspection and quarantine organ that has drawn the inspection conclusion or to its upper level entry-exit inspection
and quarantine organ or even the GAQSIQ. The entry-exit inspection and quarantine organ or the GAQSIQ that accepts the re-inspection
shall draw a re-inspection conclusion within 60 days from the day of receiving the application for re-inspection. If the technology
for the re-inspection is complicated, and the re-inspection conclusion cannot be drawn within a prescribed time limit, the time limit
for re-inspection may be extended properly upon the approval of the person in charge of the organ, but the time limit for extension
shall not exceed 30 days.
Article 38
The GAQSIQ or the entry-exit inspection and quarantine organs shall, upon the requirement of the work for import and export commodity
inspection, designate domestic or overseas testing organs that comply with the prescribed qualification conditions to undertake the
testing of the import and export commodities entrusted by the entry-exit inspection and quarantine organs. If the designated testing
organs do not comply with the requirements after inspection, the GAQSIQ or the entry-exit inspection and quarantine organs may cancel
the designation.
Article 39
The testing organs to be established within the People’s Republic of China that undertake the inspection and testing of import and
export commodities shall comply with the conditions in respect of the registered capital, technical capability, and qualification
of personnel as prescribed by the relevant laws, administrative regulations and rules, and shall not accept entrustment to handle
inspection and testing of import and export commodities until after they have been examined and approved by the GAQSIQ and the relevant
competent departments in charge, obtained license, and gone though industry and commerce registration according to law.
Article 40
Anyone who is dissatisfied with the inspection and testing business activities of an testing organ may file a complaint with the GAQSIQ
or the entry-exit inspection and quarantine organ.
Article 41
When the GAQSIQ or an entry-exit inspection and quarantine organ conducts supervision and administration or makes investigation into
any act that is suspected of violating any law or administrative regulation on import and export commodity inspection, it may have
the right to consult or copy the relevant contracts, invoices, account books and other relevant materials of the parties concerned.
The entry-exit inspection and quarantine organ may seal or detain the import and export commodity that is believed to be unqualified
in such items concerning personal or property safety, health or environmental protection, and etc. upon the approval of the person-in-charge
of the organ, unless the goods are under customs supervision.
Article 42
The GAQSIQ and the entry-exit inspection and quarantine organs shall, upon the requirement of convenience for foreign trade, take
effective measures simplify the procedures and facilitate import and export.
The electronic data documents may be adopted for the handling of such formalities as the application for the inspection, inspection,
and appraisal of import and export commodities when accord with the conditions.
Article 43
The entry-exit inspection and quarantine organs shall, according to the provisions of the relevant laws and administrative regulations,
issue the export goods GSP certificate of original production place, certificate of original production place of regional preference,
or special certificate of original production place. The applicants for handling the certificate of original production place shall
get the registration from the entry-exit inspection and quarantine organs according to law.
The provisions of the relevant laws and administrative regulations shall be followed for the issuance of the general certificate of
original place of export goods.
Article 44
As to the inspection administration of the entry-exit inspection and quarantine organs on the goods entering and exiting the bonded
zones, export processing zones and other special customs supervision areas, as well as the import and export commodities of frontier
small amount of trade, the GAQSIQ shall formulate measures separately through negotiation with the General Administration of Customs.
Chapter V Legal Liabilities
Article 45
In case anyone sells or uses without permission any import commodity subject to statutory inspection without applying for inspection
or without having the commodity inspected, or sells or uses any import commodity without applying for import verification as it should
be, the entry-exit inspection and quarantine organ shall confiscate its/his illegal gains, and impose upon it/him a fine of 5% up
to 20% the value of the commodities. If a crime is constituted, it/he shall be subject to criminal liabilities according to law.
Article 46
Anyone who exports without permission any export commodity subject to statutory inspection without applying for inspection or without
having the commodity inspected, or exports without permission any export commodity without applying for export checking as it should
be, the entry-exit inspection and quarantine organ shall confiscate its/his illegal gains, and impose upon it/him a fine of 5% up
to 20% the value of the commodities. If a crime is constituted, it/he shall be subject to criminal liabilities according to law.
Article 47
Anyone who sells or uses any import commodity that has not passed statutory inspection, random inspection or verification, or exports
any commodity tha
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