Laws of the People's Republic of China

MEASURES FOR EXEMPTION FROM INSPECTION OF IMPORT
AND EXPORT COMMODITIES

(Issued by the State Administration for the Inspection
of Import and Export Commdities on December 10, 1989)

 

 

 

SUBJECT: COMMODITY INSPECTION FOREIGN TRADE AND ECONOMIC RELATIONS

ISSUING-DEPT: THE STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT AND EXPORT COMMODITIES

ISSUE-DATE: 12/10/1990

IMPLEMENT-DATE: 04/01/1990

LENGTH: 1405 words

TEXT:

[Article 1] These Measures are hereby formulated in accordance with the provisions of Article 5 of the Law on Inspection of Import and Export Commodities of the People's Republic of China.

[Article 2] Import and export commodities included in the "List of Import and Export Goods Subject to the Control of Commodities Inspection Organs" or required by other laws or administrative regulations to be inspected by those organs may be exempted from inspection, if an application is filed by the consignee or consignor (hereinafter referred to as "the applicant") and approved by the State Administration for the Inspection of Import and Export Commodities.

[Article 3] The applicant may apply for exemption in one of the following circumstances:

(1) If the commodity has won international quality award (in less than three years);

(2) If the commodity is proved, through inspection by a commodity inspection organ, to be having stable quality of long-standing by a competent international organization recognized by the State Administration for the Inspection of Import and Export Commodities.

(3) If the quality of an export commodity has been proved 100% reach ex-factory standard through inspection by a commodity inspection organ for three years running without dispute; and

(4) If the quality of an import commodity has been proved 100% reach standard through inspection by a commodity inspection organ and by the users for three years running, and has been received favourably by the users and consumers.

[Article 4] For the import or export of non-trade goods within a definite quantitative limits, the applicant may apply directly to the State Administration for the Inspection of Import and Export Commodities for exemption from inspection by presenting the approval documents, certificates and relevant documents issued by the competent departments of provincial, autonomous regisional or municipal people's governments or the departments under the State Council, and go through the formalities for clearance with a commodity inspection organ in accordance with the relevant provisions of these Measures.

Exhibits, gifts and samples to be imported or exported may be exempted from inspection with the approval of the local commodity inspection organs on the strength of the certificates presented by the applicant who shall then go through the formalities for clearance.

[Article 5] Commodities involving safety and hygienic as well as other special requirements shall not be eligible for exemption from inspection.

[Article 6] The applicant applying for exemption from inspection of import and export commodities shall file a written application with the State Administration for the Inspection of Import and Export Commodities, fill out an application form, and present the relevant documents (including certificate of awards, letters of confirmation, certificates of qualification rate, the users' feedback, production technology, quality standards for internal control, testing methods as well as relevant materials and documents affecting the ultimate quality of the products).

The applicant for exemption from inspection of export commodities shall also present the preliminary examination results of the commodity inspection organs where the applicant is resided and the goods are produced.

[Article 7] The State Administration for the Inspection of Import and Export Commodities shall organize a group of experts to check up on the commodities for which exemption from inspection has been requested, the production conditions of the manufacturers, the relevant materials and to conduct sample tests of the said commodities.

[Article 8] On the basis of the examination and testing, the group of experts for examination shall produce a written examination report and issue an exemption certificate to the applicant which shall be published after approval by the State Administration for the Inspection of Import and Export Commodities.

The valid period of the exemption certificate shall be determined by the approving organ and shall generally not exceed two years.

[Article 9] The applicant who has obtained approval for exemption from inspection of import or export commodities shall go through formalities with a commodity inspection organ for clearance and pay the clearance fees by presenting valid exemption certificates, contracts, letters of credit, quality certificates issued after factory inspection of that consignment of commodities, and the original inspection records.‰Ã For commodities exempted from inspection that need inspection certificates, the commodity inspection organs may issue such certificates on the strength of the applicant's inspection results.

[Article 10] The applicant and commodities exempted from inspection shall be subject to the control of the commodity inspection organs and the State Administration for the Inspection of Import and Export Commodities.‰Ã The commodity inspection organs may conduct sample inspection of the exempted commodities; and if the quality problems are found with those commodities, they shall refuse to carry out the clearance procedures and promptly report the matter to the State Adminitration for the Inspection of Import and Export Commodities.‰Ã If necessary, they may propose to the said administration to revoke the qualification for exemption from inspection.

[Article 11] After receiving such reports from commodities inspection organs or complaints from domestic or overseas users, the State Administration for the Inspection of Import and Export Commodities shall organize a group of experts to conduct sample examination of the exempted commodities, revoke the qualification for those commodities, that do not conform the prescribed conditions, for exemption from inspection and make public announcement.

[Article 12] The applicant who has obtained an approval for exemption from inspection of export commodities shall send semi-annual reports on the production and the quality of the exempted goods to the State Administration for the Inspection of Import and Export Commodities and submit copies of the report to the commodity inspection organs at the place where the applicant and producer are resided.

[Article 13] During the exemption period, the applicant shall not alter the property, structure or manufacturing process of the commodities exempted from inspection.‰Ã If alterations are made, the applicant must again go through the examination and approval formalities for exemption from inspection.

[Article 14] Within four months prior to the expiration of the exemption period, the applicant may apply for continued exemption.‰Ã A definite period may be granted, after re-examination and approval by the State Administration for the Inspection of Import and Export Commodities.

[Article 15] An applicant who has obtained approval for exemption from inspection of disqualified commodities by fraudulent means or by concealing the facts to deceive shall be penalized by the State Administration for the Inspection of Import and Export Commodities in accordance with the provisions of the Law on Inspection of Import and Export Commodities of the People's Republic of China, other relevant laws and administrative regulations.

[Article 16] Those who forge, sell or buy exemption certificates or use exemption certificates of other people shall be penalized in accordance with the provisions of the Law on Inspection of Import and Export Commodities of the People's Republic of China, other relevant laws and administrative regulations.

[Article 17] Inspectors who abuse their power in examining, approving application and routine sample inspection of the goods exempted from inspection shall be punished according to the law based on the circumstances of each case.

[Article 18] The applicant shall pay the fees for exemption from inspection as stipulated.

[Article 19] When the State Administration for the Inspection of Import and Export Commodities and the commodity inspection organs examine, check up on the goods or conduct sample inspection in the enterprises producing the goods for which exemption from inspection has been requested, the applicant shall help facilitate their work.

[Article 20] These Measures shall come into force on April 1, 1990.