Laws of the People's Republic of China

General Administration of Quality Supervision, Inspection and Quarantine

Order of the General Administration of Quality Supervision, Inspection and Quarantine

No.84

The Measures for the Quarantine Supervision and Administration of Wooden Packages of Imported Goods, which were deliberated and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on December 31, 2005, are hereby promulgated, and shall come into force as of January 1, 2006.

Li Changjiang, General Director of General Administration of Quality Supervision, Inspection and Quarantine

December 31, 2005

Measures for the Quarantine Supervision and Administration of Wooden Packages of Imported Goods

Article 1

These Measures are formulated for regulating the quarantine supervision and administration of wooden packages of imported goods, preventing harmful forest organism entering into China along with the wooden packages of imported goods, protecting the forests and ecological environment of China and facilitating the import and export of goods in accordance with the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine.

Article 2

The "wooden packages" as mentioned in these Measures refers to the wooden materials used for carrying, packing, matting, supporting or fastening goods, such as wooden cases, wooden crates, wooden pallets, wooden frames, wooden casks (except the oak casks for containing the wine), wooden shafts, wooden wedges, wooden pads, crossties and wooden linings, etc.

The "wooden packages" as mentioned in these Measures excludes the artificial composed wooden packaging materials, or the wooden packing materials which are deeply processed by heating or pressing, etc. (such as veneers, flakeboards or fiberboards, etc.), and the revolved cut cores from wooden sheets, scobs, wood-wools, wooden shavings, as well as the wooden materials which are 6mm thick or less.

Article 3

The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the GAQSIQ) shall be uniformly responsible for the quarantine supervision and administration of wooden packages of imported goods throughout the country.

The entry and exit inspection and quarantine institutions established by the GAQSIQ in all the regions (hereinafter referred to as the inspection and quarantine institutions) shall be responsible for the quarantine supervision and administration of wooden packages of imported goods in their respective regions.

Article 4

The wooden packages used for imported goods shall be, under the surveillance of the competent quarantine department of the export country or region and according to the requirement of International Plant Protection Convention (hereinafter referred to as IPPC), subject to harm-elimination treatment and be affixed with IPPC special marks. The method of harm-elimination treatment and special marks shall be accord with those as announced by the GAQSIQ.

Article 5

Where the wooden packages are used for imported goods, the consignor thereof or his agent shall report to the inspection and quarantine institution for inspection. The inspection and quarantine institution shall handle them according to the following circumstances:

(1)

The wooden packages affixed with IPPC special marks shall be subject to quarantine by selective examination according to the provisions, and be immediately discharged if no living harmful organism is found; or be carried out the harm-elimination treatment by the consignor thereof or his agent under the supervision if any living harmful organism is found;

(2)

The wooden packages that are not affixed with IPPC special marks shall be subject to harm-elimination treatment or be destroyed under the surveillance of the inspection and quarantine institution; or

(3)

If the IPPC special mark can't be confirmed whether the wooden packages are affixed with at the time of reporting for inspection, the inspection and quarantine institution shall carry out the quarantine by selective examination according to the provisions. If the wooden packages are verified as having been affixed with IPPC special marks upon selective inspection and no living harmful organism is found, they shall be discharged. If any living harmful organism is found, the consignor thereof or his agent shall carry out the harm-elimination treatment of wooden packages under the supervision. And if the wooden packages have not been affixed with IPPC special marks upon selective inspection, they shall be subject to harm-elimination treatment or be destroyed.

Article 6

The inspection and quarantine institution may carry out the emphasized quarantine by selective inspection to the imported goods for which no report for inspection is made and the wooden packages are always used, and it shall handle them in light of the following circumstances when carrying out selective inspection:

(1)

Immediately discharging them if it is verified upon selective inspection that no wooden package is used; or

(2)

Handling them according to Article 5 of these Measures and giving them administrative punishment according to the relevant provisions if it is found upon selective inspection that the wooden packages are used.

Article 7

Where the situation of lawbreaking of wooden packages is serious, , the inspection and quarantine institution shall, after reporting it to the GAQSIQ and getting the approval, supervise the consignor thereof or his agent to return the wooden packages together with the goods.

Article 8

When an on-the-spot quarantine is conducted on the wooden packages, the emphasis shall be put on whether the long-horned beetles, white ants, clothes moths, horntails, buprestidae, curculionoidea or other borer and moth pests are carried. The cut open inspection shall be carried out for any sign harmed by insect on the wooden packages, and a sample shall be obtained and sent to the laboratory for inspection when there is any disease symptom of suspected coniferae material eelworm,.

Article 9

Where it is necessary to transport the goods to a designated place for quarantine or harm-elimination treatment, the consignor thereof or his agent shall take necessary measures to prevent the spreading of epidemics as required by the inspection and quarantine institution. As to the goods transported by containers, the consignor thereof or his agent shall open the containers under the surveillance of the inspection and quarantine personnel so as to prevent the transmitting and spreading of harmful organism.

As to the goods whose wooden packages shall be subject to the quarantine, except special circumstance, without the approval of the inspection and quarantine institution, .the goods shall not be unloaded from transporting vehicles or be transported and the wooden packages shall not be dismantled or abandoned.

Article 10

The bare wooden packages of cross-territory goods as well as the wooden packages of goods imported by batches shall be governed by these Measures.

The dismantling of lining planks used for ships or planes entering into China from transporting vehicles shall be conducted according to these Measures. If they are not dismantled from transporting vehicles, they shall be subject to the supervision and administration of the inspection and quarantine institution, and be subject to harm-elimination treatment or be destroyed if any living harmful organism is found during the course of supervision and administration.

Article 11

The inspection and quarantine institution shall strengthen the information communication with the competent departments for ports, customs, transportation and freight forwarding, obtain the information on goods and packages through network connection, electronic surveillance or examination of the list of goods, etc., and shall make a decision on whether or not to carry out the selective inspection in light of the specific conditions.

Article 12

The inspection and quarantine institution shall, in light of the quarantine conditions, do a good job in the work relating to the good-faith records of the importers, exporters and enterprises of wooden packaging marks in the export countries or regions, appraise the situation of good faith thereof and carry out the graded management. As to the enterprises with good faith, the inspection and quarantine institution can conduct the quarantine and adopt other convenient measures at the factories or other designated places after reducing the proportion of selective inspection and making customs clearance in advance. As to the enterprises with bad faith, the inspection and quarantine institution can adopt the measures of increasing the proportion of selective inspection, etc.. Where problems occur time after time, the GAQSIQ may circulate a notice to the export country or region, and suspend the import of wooden packages produced by the relevant mark-affixing enterprises.

Article 13

The wooden packages for the goods that are imported from Hong Kong or Macao Special Administrative Areas (hereinafter referred to as Hong Kong or Macao) or Taiwan shall be managed by reference to these Measures.

Article 14

In case the wooden packages for the goods that are imported via Hong Kong or Macao are not in line with Article 4 of these Measures, the consignor thereof or his agent may apply to Hong Kong or Macao inspection and quarantine institution as verified by the GAQSIQ to carry out harm-elimination treatment and affix IPPC special marks or issue a certificate. When the above-mentioned goods are imported into China, the inspection and quarantine institution shall conduct selective inspection or quarantine according to these Measures.

Article 15

In order to facilitate the customs clearance, the consignor or his agent of the goods that are imported via Hong Kong or Macao and for which the wooden packages are not used may apply to Hong Kong or Macao inspection and quarantine institution as verified by the GAQSIQ to verify the fact that no wooden package is used and issue a certificate. When the above-mentioned goods are imported into China, the inspection and quarantine institution shall examine the certificates and may not inspect the wooden packages any more, or may carry out selective inspection where necessary.

Article 16

The wooden packages for the goods carried or mailed by passengers that have not been affixed with IPPC special marks can be permitted to enter into China if no living harmful organism is found upon quarantine, or shall be subject to the harm-elimination treatment if any living harmful organism is found.

Article 17

In case of any of the following circumstances, the inspection and quarantine institution shall give administrative sanctions according to the relevant provisions in the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine and the regulation on the implementation thereof:

(1)

No report for inspection is made to the inspection and quarantine institution according to the provisions;

(2)

A report for inspection is not in line with the actual situation;

(3)

The goods with wooden packages are unloaded from transporting vehicles or are transported without approval of the inspection and quarantine institution; or

(4)

Any other violation of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine or the regulation on the implementation thereof.

Article 18

In case of any of the following circumstances, the inspection and quarantine institution shall give a fine of 30,000 yuan or less:

(1)

The wooden packages are illegally dismantled or abandoned without approval of the inspection and quarantine institution;

(2)

The wooden packages are not subject to harm-elimination treatment or destroyed according to the requirements of the inspection and quarantine institution; or

(3)

The used IPPC special marks are forged, altered or embezzled .

Article 19

Where an inspection and quarantine institution as verified by the GAQSIQ violates the relevant laws, regulations or these Measures, the GAQSIQ shall order it to make correction within a time limit or abolish the verification in light of the severity of the circumstances.

Article 20

An inspection and quarantine functionary who seeking for private interests, resorting to frauds, misusing his authorities or neglecting his duties, and violating the relevant laws, regulations or these Measures shall be given an administrative sanction; or shall be subject to criminal liabilities if the circumstance is serious and a crime is constituted.

Article 21

The power to interpret these Measures shall remain with the GAQSIQ.

Article 22

These Measures shall come into force as of January 1, 2006. If the relevant rules and regulative documents promulgated prior to the implementation of these Measures are conflicting with these Measures, the latter shall prevail.