Laws of the People's Republic of China

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 that has not passed statutory inspection, random inspection or verification, the entry-exit inspection and quarantine organ shall order it/him to stop selling, using or exporting the commodity, confiscate its/his illegal gains and illegally sold, used or export commodity, and impose upon it/him a fine more than the equivalent to or less than 3 times the value of the commodities illegally sold, used or exported. If a crime is constituted, it/he shall be subject to criminal liabilities according to law.

Article 48

In case a consignee, consigner, agency enterprise of inspection application or entry-exit express mails operation enterprise, or applicant obtains the relevant documentations of the entry-exit inspection and quarantine organs without providing the true information of the import and export commodities, or fails to apply for inspection on the import and export commodities subject to statutory inspection, evades the inspection on the import and export commodities, the entry-exit inspection and quarantine organs shall confiscate its/his illegal gains, and impose upon it/him a fine of 5% up to 20% the value of the commodities. If the circumstance is serious, it shall be revoked of the registration on application for inspection, and the registration on the practicing of application for inspection.

In case a consignee or consigner entrusts an agency enterprise of inspection application or entry-exit express mails operation enterprise to handle formalities of application for inspection, and obtains the relevant documentations of the entry-exit inspection and quarantine organs without providing the true information on the matters applied for inspection under entrustment to the said enterprises as required, the client shall be punished according to the preceding provisions.

In case any agency inspection application enterprise, entry-exit express mails operation enterprise, or applicant for inspection fails to make reasonable examination on the truthfulness of the information provided or due to negligence in the work, and as a result, the relevant documentations of the entry-exit inspection and quarantine organs are obtained by cheating, the entry-exit inspection and quarantine organs shall give the agency inspection application enterprise or the entry-exit express mails operation enterprise a fine ranging from RMB 20,000 to 200,000 Yuan. If the circumstance is serious, it shall be revoked of the registration on the application for inspection and the registration on the practicing of application for inspection.

Article 49

Anyone who forges, alters, sells or purchases or steals inspection documentation, seal, mark, sealing mark, customs clearance form of goods or uses the forged or altered inspection documentation, seal, mark, sealing mark, or customs clearance form of goods, which constitutes a crime, shall be subject to criminal liabilities according to law. If it is not serious enough to be subject to criminal liabilities, the entry-exit inspection and quarantine organ shall order it/him to correct, confiscate its/his illegal gains, and impose upon it/him a fine less than the equivalent to the value of the commodities.

Article 50

In case anyone changes the samples selected by the entry-exit inspection and quarantine organ without permission or changes the import and export commodities that have passed the inspection of the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall order it/him to correct and give it/him warnings. If the circumstance is serious, it/he shall be imposed upon a fine of 10% to 50% the value of the commodities.

Article 51

Anyone who exports any commodity that is subject to export commodity registration administration of the state without obtaining registration, the entry-exit inspection and quarantine organ shall order it/him to stop exporting the commodity, confiscate its illegal gains, and impose upon it/him a fine of 10% to 50% the value of the commodities.

Article 52

In case anyone imports or exports any food or cosmetic that is subject to sanitary registration administration of the state and is produced by the production enterprise without obtaining sanitary registration, the entry-exit inspection and quarantine organ shall order it/him to stop the import or export, confiscate illegal gains, and impose upon it/him a fine of 10% to 50% the value of the commodity.

In case a production enterprise of import and export food or cosmetic that has obtained the sanitary registration does not comply with the prescribed requirements after examination, the GAQSIQ or the entry-exit inspection and quarantine organ shall order it to rectify within a prescribed time limit. If it still cannot reach the prescribed requirements or has other illegal acts, and the circumstance is serious, it shall be revoked of the certificate of sanitary registration.

Article 53

If an overseas supplier or domestic consignee fails to get the registration or fails to make pre-shipping inspection when it/he imports solid wastes that may be used as raw materials, it/he shall be ordered to return the goods in light of the relevant state provisions. If the circumstance is serious, the entry-exit inspection and quarantine organ shall impose upon it/him a fine ranging from RMB 100,000 to one million Yuan.

In case any overseas supplier or domestic consignee that has obtained registration on the solid wastes that may be used as raw materials violates the relevant state provisions, and the circumstance is serious, the entry-exit inspection and quarantine organ shall revoke its registration.

In case anyone fails to handle archival filing or fails to make pre-shipping inspection when importing any old electromechanical products as are allowed by the state, the products shall be returned in accordance with the relevant state provisions. If the circumstance is serious, the entry-exit inspection and quarantine organ shall impose upon it/him a fine of less than RMB one million Yuan concurrently.

Article 54

In case anyone provides or uses any packaging container of dangerous export goods that is not subject to the testing of the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall impose upon it/him a fine of RMB 100,000 Yuan.

Anyone who ships dangerous export goods by providing or using any packaging container that does not pass the testing of the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall impose upon it/him a fine less than RMB 200,000 Yuan.

Article 55

In case anyone exports any perishable food or frozen food by using any container, cabin, airplane or vehicle and other means of delivery without subject to cargo worthiness inspection by the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall impose upon it/him a fine less than RMB 100,000 Yuan.

In case anyone provides or uses any container, cabin, airplane or vehicle and other means of delivery that has not passed the inspection of the entry-exit inspection and quarantine organ to carry any perishable food or frozen food for export, the entry-exit inspection and quarantine organ shall impose upon it/him a fine less than RMB 200,000 Yuan.

Article 56

In case anyone changes or damages any commodity inspection mark or sealing mark placed by the entry-exit inspection and quarantine organs, the entry-exit inspection and quarantine organs shall impose upon it/him a fine less than RMB 50,000 Yuan.

Article 57

In case any testing organ undertakes the inspection and testing of import and export commodity inspection exceeds its business scope, or violates the relevant state provisions, disturbs the order of inspection and testing, the entry-exit inspection and quarantine organ shall order it to correct, confiscate its illegal gains, or may imposes upon it a fine less than RMB 100,000 Yuan, and the GAQSIQ or the entry-exit inspection and quarantine organ may suspend its inspection and testing business within 6 months. If the circumstance is serious, the GAQSIQ shall revoke its qualification certificate of inspection and testing.

Article 58

In case anyone undertakes the business of application for inspection without making registration, the entry-exit inspection and quarantine organ shall order it/him to stop illegal operation activities, confiscate its/his illegal gains, and impose upon it/him a fine of one time up to three times of the illegal gains.

In case any agency enterprise of inspection application or entry-exit express mails operation enterprise violates the relevant state provisions, or disturbs the order of application for inspection, the entry-exit inspection and quarantine organ shall order it to correct, confiscate its illegal gains, and may impose upon it a fine less than RMB 100,000 Yuan, and the GAQSIQ or the entry-exit inspection and quarantine organ may suspend its agency inspection declaration business within 6 months. If the circumstance is serious, its registration on application for inspection shall be revoked.

In case any applicant for inspection violates the relevant state provisions, disturbs the order of application for inspection, the GAQSIQ or the entry-exit inspection and quarantine organs may suspend his practice within 6 months. If the circumstance is serious, his registration on the practice of application for inspection shall be revoked.

Article 59

In case any staff member of the entry-exit inspection and quarantine organs misuses power, purposely creates difficulties to the parties concerned, practices favoritism, falsifies inspection conclusions or is derelict of duty, delays the issuance of license for inspection, he/she shall be given an administrative punishment according to law. If he/she issues the certificate of place of origin of the export goods in violation of the provisions of the relevant laws and administrative regulations, he/she shall be given an administrative punishment according to law, and the illegal gains shall be confiscated. If a crime is committed, he/she shall be subject to criminal liabilities according to law.

Article 60

The money gained by the entry-exit inspection and quarantine organs according to law from the confiscation of commodities, all the confiscated illegal gains and the fines collected shall be turned in to the state treasury.

Chapter VI Supplementary Provisions

Article 61

In case any party is dissatisfied with the re-inspection conclusion of the entry-exit inspection and quarantine organ or the GAQSIQ or is dissatisfied with the penalty decision made by the GAQSIQ or the entry-exit inspection and quarantine organ, it may apply for administrative reconsideration according to law, or may bring a lawsuit to the people's court according to law.

If any party neither executes the decision on penalty within the time limit, nor applies for administrative reconsideration or brings a lawsuit to the people's court, the organ that has made the penalty decision may apply for compulsory enforcement to the people's court.

Article 62

When the entry-exit inspection and quarantine organs conduct statutory inspection, or when the approved testing organs handle inspection and testing business, they may collect fees in accordance with the relevant state provisions.

Article 63

The present Regulations shall come into force as of December 1, 2005. The Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection as were approved by the State Council on October 7, 1992, and promulgated by the former State Administration of Import and Export Commodity Inspection on October 23, 1992 shall be abolished simultaneously.