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People's Republic of China Import and Export Commodity Inspection Law Implementation RegulationsDate:2022-09-28 Browse:667 Source:LQA

(promulgated by Decree No. 447 of the State Council of the People's Republic of China on August 31, 2005 and amended for the first time in accordance with the Decision of the State Council on the Abolition and Revision of Some Administrative Regulations on July 18, 2013 and amended for the second time in accordance with the Decision of the State Council on the Revision of Some Administrative Regulations on February 6, 2016 and amended for the third time in accordance with the Decision of the State Council on the Revision and Abolition of Some Administrative Regulations on March 1, 2017) (Thirdly amended in accordance with the Decision of the State Council on Amending Some Administrative Regulations of March 2, 2019 (Fourthly amended in accordance with the Decision of the State Council on Amending Some Administrative Regulations of March 29, 2022 (Fifthly amended in accordance with the Decision of the State Council on Amending and Abolishing Some Administrative Regulations of March 29, 2022)


Chapter I General Provisions

Article 1 According to the "Import and Export Commodity Inspection Law of the People's Republic of China" (hereinafter referred to as the Commodity Inspection Law), the provisions of these regulations.


Article II General Administration of Customs in charge of the national import and export commodity inspection work.


General Administration of Customs in the provinces, autonomous regions, municipalities directly under the Central Government, as well as import and export commodities ports, distribution points of entry-exit inspection and quarantine agencies and their branches (hereinafter referred to as entry-exit inspection and quarantine agencies), the management of import and export commodity inspection work in the area in charge.


Article Customs shall be in accordance with Article IV of the Commodity Inspection Law, the development, adjustment must be implemented to test the import and export commodities directory (hereinafter referred to as the directory) and announced the implementation.


Catalog should be published at least 30 days before the date of implementation; in case of emergency, should be published no later than the date of implementation.


General Administration of Customs to develop, adjust the directory, the State Council shall consult the competent foreign trade departments and other relevant parties.


Article IV of the entry-exit inspection and quarantine agencies included in the directory of import and export commodities, as well as laws and administrative regulations shall be subject to inspection by entry-exit inspection and quarantine agencies to implement the inspection of other import and export commodities (hereinafter referred to as statutory inspection).


Entry-exit inspection and quarantine agencies outside the statutory inspection of import and export commodities, according to national regulations to implement random inspection.


Article import and export of pharmaceutical quality inspection, measuring instruments, the value of the verification, boiler pressure vessel safety supervision and inspection, ships (including offshore platforms, major marine equipment and materials) and container specification inspection, aircraft (including aircraft engines, airborne equipment) airworthiness inspection and nuclear pressure equipment safety inspection and other projects, by the relevant laws and administrative regulations of the agency to implement the inspection.


Article VI of the import and export of samples, gifts, temporary entry and exit of goods and other non-trade items, exempt from inspection. However, except as otherwise provided by laws and administrative regulations.


Listed in the directory of import and export commodities meet the state's exemption from inspection conditions, the consignee, consignor or manufacturer to apply for review and approval by the General Administration of Customs, the entry-exit inspection and quarantine agencies exempt from inspection.


Exempt from inspection of the specific measures, the General Administration of Customs to develop the relevant departments.


Article VII of the statutory inspection of import and export commodities, by the entry-exit inspection and quarantine agencies in accordance with the provisions of Article VII of the Commodity Inspection Law to implement the inspection.


General Administration of Customs according to the actual needs of import and export commodity inspection and international standards, you can develop import and export commodity inspection methods of technical specifications and industry standards.


Import and export commodity inspection in accordance or reference to the technical specifications, standards and inspection methods of technical specifications and standards, should be published at least six months before the date of implementation; in case of emergency, should be published no later than the date of implementation.


Article VIII of the entry-exit inspection and quarantine agencies to facilitate foreign trade needs, import and export enterprises to implement the classification management, and in accordance with internationally accepted conformity assessment procedures to determine the manner of inspection and supervision, the import and export commodities to implement the inspection.


Article IX of the import and export inspection and quarantine agencies to implement the inspection of goods, including compliance with safety, hygiene, health, environmental protection, fraud prevention and other requirements and related quality, quantity, weight and other items.


Article X of the entry-exit inspection and quarantine agencies in accordance with the provisions of the Commodity Inspection Law, the implementation of the licensing system and state regulations must be certified import and export commodities to implement verification management, inspection documents, verify that the certificate matches the goods.


Implementation of verification management of import and export commodities directory, by the General Administration of Customs after consultation with relevant departments to develop, adjust and publish.


Article XI of the consignee or consignor of import and export commodities can be their own inspection procedures, but also can be entrusted to the agent for inspection procedures; import and export commodities by express, the consignee or consignor should be entrusted to the entry and exit express operating enterprises for inspection procedures.


Article XII of the consignee or consignor of import and export commodities for inspection procedures, shall be filed with the entry-exit inspection and quarantine agencies.


Article XIII of the import and export inspection agency to accept the consignee or consignor of goods entrusted to the name of the principal for inspection procedures, the entry-exit inspection and quarantine agencies shall submit a power of attorney to comply with the provisions of the Ordinance on the principal; in their own name for inspection procedures, shall bear the same legal responsibility as the consignee or consignor.


The import and export express operation enterprises accept the consignee or consignor of import and export commodities entrusted to their own name for inspection procedures, and the consignee or consignor to assume the same legal responsibility.


The principal entrusted the agent inspection enterprises, entry-exit express operation enterprises for inspection procedures, the agent shall provide the inspection enterprises, entry-exit express operation enterprises entrusted with the real situation of the inspection matters; agent inspection enterprises, entry-exit express operation enterprises accept the principal's commission for inspection procedures, the principal shall provide a reasonable review of the authenticity of the situation.


Article XIV of the General Administration of Customs to establish a risk warning mechanism for import and export commodities, through the collection of information on import and export commodity inspection, risk assessment, to determine the type of risk, to take the appropriate risk warning measures and rapid response measures.


General Administration of Customs and entry-exit inspection and quarantine agencies shall provide timely information on import and export commodity inspection to the relevant parties.


Article XV of the entry-exit inspection and quarantine agencies to carry out their duties in accordance with the law, the relevant units and individuals should cooperate, any unit or individual shall not illegally interfere and obstruct.


Chapter II inspection of imported goods

Article XVI of the statutory inspection of imported goods, the consignee shall hold the contract, invoice, packing list, bill of lading and other necessary documents and relevant approval documents, to the customs declaration of the entry-exit inspection and quarantine agencies; customs clearance within 20 days after release, the consignee shall be in accordance with the provisions of Article 18 of the Ordinance, the entry-exit inspection and quarantine agencies to apply for inspection. Statutory inspection of imported goods without inspection, are not allowed to sell, are not allowed to use.


Import verification management of goods, the consignee shall apply to the entry-exit inspection and quarantine agencies to verify the customs declaration. Entry-exit inspection and quarantine agencies in accordance with the provisions of the General Administration of Customs to implement verification.


Article XVII of the statutory inspection of imported goods, the implementation of verification of the management of imported goods, customs clearance procedures in accordance with the provisions of the Customs.


Article XVIII of the statutory inspection of imported goods should be declared at the consignee's destination inspection.


Bulk bulk commodities, perishable commodities, solid wastes as raw materials, and has been damaged, shortage of goods, should be tested at the port of discharge.


The first two paragraphs of the provisions of the imported goods, the General Administration of Customs can facilitate foreign trade and import and export commodity inspection work needs, designated in other locations for inspection.


Article 19 Unless otherwise provided by laws and administrative regulations, the statutory inspection of imported goods by the inspection, involving personal and property safety, health, environmental protection projects failed, the entry-exit inspection and quarantine agencies ordered the parties to destroy, or issue a notice of return, for return procedures; other projects failed, can be under the supervision of the entry-exit inspection and quarantine agencies for technical processing, after re-inspection qualified The, before sale or use. The parties apply for entry-exit inspection and quarantine agencies to issue a certificate, entry-exit inspection and quarantine agencies shall promptly issue a certificate.


Entry-exit inspection and quarantine agencies failed the inspection of imported equipment and materials, the issuance of a notice of non-installation and use. By the technical processing, and by the entry-exit inspection and quarantine agencies to re-inspect the qualified, before the installation and use.


Article 20 The statutory inspection of imported goods other than the entry-exit inspection and quarantine agencies failed the random inspection, in accordance with the provisions of Article 19 of the Ordinance.


Verification of the management of imported goods, by the entry-exit inspection and quarantine agencies to verify the failure, with reference to the provisions of Article XIX of the Ordinance or transferred to the relevant departments to deal with.


Statutory inspection of imported goods other than the consignee, the quality of imported goods found to be substandard or defective, shortage, apply for a certificate, entry-exit inspection and quarantine agencies or other inspection agencies should be promptly after the inspection.


Article 21 of the scope of statutory inspection is within the national livelihood, high value, technical complexity and other important imported goods and large sets of equipment, foreign trade contracts should be in accordance with the agreed supervision, pre-shipment inspection or supervision of the installation. The consignee retains the right to final inspection and claims upon arrival.


Entry-exit inspection and quarantine agencies can send inspectors to participate in or organize the implementation of supervision of manufacturing, pre-shipment inspection or supervision of installation as needed.


Article 22 The State of solid wastes imported as raw materials of foreign suppliers, domestic consignees to implement a registration system, foreign suppliers, domestic consignees in foreign trade contracts signed before the General Administration of Customs or the entry-exit inspection and quarantine agencies should obtain registration. State solid wastes imported as raw materials to implement pre-shipment inspection system, the import, the consignee shall provide entry-exit inspection and quarantine agencies or inspection agencies issued by the pre-shipment inspection certificate.


Higher value, involving personal and property safety, health, environmental protection projects of high-risk imports of old mechanical and electrical products, should be implemented in accordance with relevant state regulations pre-shipment inspection, import, the consignee shall provide entry-exit inspection and quarantine agencies or inspection agencies issued by the pre-shipment inspection certificate.


Imported solid waste as raw materials, the state allows the import of old mechanical and electrical products upon arrival, by the entry-exit inspection and quarantine agencies to implement the inspection.


Article 23 The arrival of imported motor vehicles, the consignee with the entry-exit inspection and quarantine agencies issued by the inspection and verification of imported motor vehicles and other documents issued by the relevant departments to the vehicle management authorities to apply for a license plate. In the use of the process found to be involved in the safety of personal property quality defects, entry-exit inspection and quarantine agencies shall promptly make the appropriate treatment.


Chapter III inspection of export commodities

Article 24 The statutory inspection of export commodities, the consignor shall be in the General Administration of Customs unified provisions of the location and period, with the necessary documents such as contracts and related approval documents to the entry-exit inspection and quarantine agencies. Statutory inspection of export commodities without inspection or by the inspection failed, are not allowed to export.


Export commodities should be inspected in the place of production of goods. General Administration of Customs can facilitate foreign trade and import and export commodity inspection work needs, designated in other locations for inspection.


Export verification management of goods, the consignor shall apply to the entry-exit inspection and quarantine agencies to verify. Entry-exit inspection and quarantine agencies in accordance with the provisions of the General Administration of Customs to implement verification.


Article 25 The export of goods in the place of production inspection of goods need to be exchanged at the port of export, the entry-exit inspection and quarantine agencies in accordance with the provisions of the production of goods issued by the inspection and exchange of certificates. The consignor shall, within the prescribed period of time with the inspection certificate and the necessary documents, to the port of entry-exit inspection and quarantine agencies to apply for inspection. After inspection, the port of entry-exit inspection and quarantine agencies to issue customs clearance of goods.


Article 26 The statutory inspection of export commodities, the implementation of verification management of export commodities, customs clearance procedures in accordance with the provisions of the Customs.


Article 27 The statutory inspection of export commodities by the entry-exit inspection and quarantine agencies or by the port of entry-exit inspection and quarantine agencies failed, can be under the supervision of the entry-exit inspection and quarantine agencies to carry out technical processing, by re-inspection qualified, allowed to export; can not be technically processed or technical processing after re-inspection still failed, not allowed to export.


Article 28 The statutory inspection of export commodities, by the entry-exit inspection and quarantine agencies failed the random inspection, in accordance with the provisions of Article 27 of the Ordinance.


The implementation of verification management of export commodities, by the entry-exit inspection and quarantine agencies to verify the failure, with reference to the provisions of Article 27 of the Ordinance or transferred to the relevant departments to deal with.


Article 29 The export of dangerous goods packaging container manufacturers, shall apply to the entry-exit inspection and quarantine agencies to identify the performance of the packaging container. Packaging containers by the entry-exit inspection and quarantine agencies to identify qualified and obtain a certificate of performance appraisal, can be used for packaging dangerous goods.


Export of dangerous goods manufacturers, should apply to the entry-exit inspection and quarantine agencies to identify the use of dangerous goods packaging containers. The use of unidentified or unqualified by the identification of packaging containers of dangerous goods, are not allowed to export.


Article 30 of the export of perishable food, frozen goods shipped in containers, cabins, aircraft, vehicles and other means of delivery, carriers, packing units or their agents shall apply to the entry-exit inspection and quarantine agencies before shipment of clean, sanitary, cold, dense solid and other suitable load inspection. Without inspection or by the test failed, are not allowed to ship.


Chapter IV Supervision and Administration

Article 31 The entry-exit inspection and quarantine agencies to facilitate foreign trade needs, can be included in the directory of export commodities for factory quality supervision and inspection.


Entry-exit inspection and quarantine agencies for factory quality supervision, management and inspection of the content, including supervision and inspection of the quality assurance work of the manufacturer, the export of goods for factory inspection.


Article 32 The state import and export food production enterprises to implement health registration management. Access to health registration of export food production enterprises, before the production, processing and storage of export food. Access to health registration of import and export food production enterprises to produce food, before import or export.


Implementation of health registration management of imported food production enterprises, should be registered in accordance with the provisions of the General Administration of Customs to apply for health registration.


Implementation of health registration management of export food production enterprises, should be in accordance with the provisions of the entry-exit inspection and quarantine agencies to apply for health registration.


Export food production enterprises need to be registered in foreign health, in accordance with the provisions of paragraph 3 of this article for health registration, the General Administration of Customs unified external processing.


Article 33 The entry-exit inspection and quarantine agencies in accordance with the needs of the inspection of qualified import and export commodities plus the commodity inspection mark, the inspection of qualified and other need to add the seal of knowledge of import and export commodities plus the seal. Specific measures developed by the General Administration of Customs.


Article 34 The entry-exit inspection and quarantine agencies in accordance with the relevant provisions of the inspection of import and export commodities to take samples. The remaining samples, the entry-exit inspection and quarantine agencies shall notify the relevant units within the prescribed period of time to retrieve; late retrieval, by the entry-exit inspection and quarantine agencies.


Article 35 The import and export commodities inspection of the entry-exit inspection and quarantine agencies to make the test results have objections, you can receive the test results within 15 days from the date of receipt, to make the test results of the entry-exit inspection and quarantine agencies or their parent entry-exit inspection and quarantine agencies and even the General Administration of Customs to apply for re-inspection, acceptance of re-inspection of the entry-exit inspection and quarantine agencies or the General Administration of Customs shall receive the application for re-inspection from the date of 60 Within 60 days from the date of receipt of the application for re-inspection to make the conclusion of the re-inspection. Technically complex, can not be made within the specified period to review the conclusions, approved by the head of the agency, can be extended, but the extension period of up to 30 days.


Article 36 The General Administration of Customs or entry-exit inspection and quarantine agencies in accordance with the needs of import and export commodity inspection, can be designated to meet the specified qualifications of domestic and foreign testing agencies to undertake entry-exit inspection and quarantine