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Law Of The People's Republic Of China On Import And Export C

By:admin  Time:2015-03-16

(Adopted  At The Sixth Meeting Of The Standing Committee Of The Seventh National  People's Congress On February 21, 1989, Promulgated By Order No.14 Of The President Of The People's Republic Of China On February 21, 1989, And Effective As Of August 1, 1989 )
 
CONTENTS
 
 CHAPTER I GENERAL PROVISIONS
 
 CHAPTER II INSPECTION OF IMPORT COMMODITIES
 
 CHAPTER III INSPECTION OF EXPORT COMMODITIES
 
CHAPTER IV SUPERVISION AND ADMINISTRATION
 
CHAPTER V LEGAL RESPONSIBILITY
 
CHAPTER VI SUPPLEMENTARY PROVISIONS
 
CHAPTER I GENERAL PROVISIONS
 
Article 1. This Law Is Enacted With A View To Strengthening  The  Inspection  Of Import And Export Commodities, Ensuring The Quality Of Import And Export Commodities, Protecting The Lawful Rights And Interests Of The Parties Involved In Foreign Trade, And Promoting The Smooth Development Of China 'S Economic And Trade Relations With Foreign Countries.
 
Article2.The State Council Shall Establish An Administration For Import And Export Commodity Inspection(Hereinafter  Referred To As The State Administration For Commodity Inspection), Which Shall Be In Charge Of The Inspection Of Import And Export Commodities Throughout The Country. The Local  Import And Export  Commodity  Inspection  Authorities (Hereinafter Referred To As  The  Commodity Inspection Authorities) Set Up By The State Administration  For Commodity Inspection Shall Be Responsible For The Inspection  Of  Import  And  Export Commodities Within Areas Under Their Jurisdiction.
 
Article  3.  The  Commodity  Inspection Authorities And Other Inspection Organizations  Designated  By  The State Administration For  Commodity Inspection And The Commodity Inspection Authorities Shall, In Accordance With The Law, Perform The Inspection Of Import And Export Commodities.
 
Article  4.  The State Administration For Commodity Inspection Shall, In The  Light  Of  The  Needs In The Development Of Foreign Trade, Make, Adjust And  Publish  A  List Of Import And Export Commodities  Subject To Inspection By  The  Commodity  Inspection Authorities (Hereinafter Referred To As The List Of Commodities).
 
Article  5. Import And Export Commodities Which Are Included In The List Of Commodities And Import And Export Commodities Subject To Inspection By The  Commodity  Inspection  Authorities Under Other Laws Or Administrative Rules And Regulations Must Be Inspected By The   Commodity   Inspection  Authorities   Or   Inspection Organizations   Designated  By  The  State Administration  For Commodity Inspection Or The Commodity Inspection Authorities.  No  Permission  Shall  Be  Granted For The Sale Or Use Of Import Commodities Specified  In  The Preceding Paragraph Until They Have Undergone Inspection; And  No Permission Shall Be Granted For The Export Of Export Commodities Specified  In The Preceding Paragraph Until They Have Been Found To Be Up To Standard Through Inspection.  Import  And  Export Commodities Specified In The First Paragraph Of This Article May Be Exempted From Inspection Upon The Examination And  Approval  Of  An  Application  From  The  Consignee  Or Consignor By The State Administration For Commodity Inspection.
 
Article 6. Inspection On Import And Export Commodities Performed By The Commodity  Inspection  Authorities  Shall  Cover Quality, Specifications, Quantity, Weight, Packing And The Requirements For Safety And Hygiene.  Import And Export Commodities Governed By Compulsory Standards Or Other Inspection Standards Which Must Be Complied With As Provided For By Laws Or Administrative Rules And Regulations Shall Be Inspected In Accordance With Such  Inspection  Standards; In The Absence Of Such Stipulations, Import And Export Commodities Shall Be Inspected In Accordance With The Inspection Standards Agreed Upon In The Foreign Trade Contracts.
 
Article  7. Import And Export Commodities Or Items Subject To Inspection  By  Other  Inspection  Organizations  Under Laws Or Administrative  Rules  And  Regulations  Shall  Be  Inspected  In Accordance  With  The  Provisions Of Relevant Laws Or Administrative Rules And Regulations.
 
Article  8. The State Administration For Commodity Inspection And  The  Commodity   Inspection   Authorities  Shall  Collect Information  On  The Inspection  Of Import And Export Commodities And Make It Available To The Relevant Circles.
 
 CHAPTER II INSPECTION OF IMPORT COMMODITIES
 
Article  9.  For  Import  Commodities Which Are Subject To Inspection By The  Commodity Inspection Authorities In Accordance With  This Law, The Consignee  Must  Register  Them  With  The Commodity Inspection Authorities Located At The Port Of Discharge Or  The  Station Of Arrival. Import Commodities Which Are Included In The List Of Commodities Shall Be Checked And Released By The Customs Upon Presentation Of The Seal Of The Commodity Inspection Authorities Affixed To The Customs Declaration.
 
Article  10.  For  Import Commodities Which Are Subject To Inspection By The  Commodity Inspection Authorities In Accordance With  This Law, The Consignee Shall Apply To The Same Authorities For Inspection In Places And Within  The  Time Limit Specified By Them.  The  Commodity  Inspection Authorities Shall Accomplish The Procedures  For Inspection And Issue An Inspection Certificate Within The Period Of Validity Of Claims Prescribed In A Foreign Trade Contract.
 
Article  11. If Import Commodities Other Than Those Which Are Subject To Inspection  By  The Commodity Inspection Authorities In Accordance With This Law  Are  Found To Be Not Up To The Quality Standard, Damaged Or Short On Weight  Or Quantity, The Consignee Shall Apply To The Commodity Inspection Authorities For Inspection And The Issuance Of An Inspection Certificate If Such A Certificate Is Necessary For Claiming Compensation.
 
Article 12. For Important Import Commodities And A Complete Set Of Equipment  In  Large Size, The Consignee Shall, In Accordance With The Terms Agreed Upon In A Foreign Trade Contract, Conduct Initial Inspection Or Initial  Supervision  Over Manufacturing Or Loading In The Exporting Country Before Shipment, While The Relevant Competent Departments Shall Strengthen Their Supervision. The Commodity Inspection  Authorities May, When Necessary, Dispatch  Inspection Personnel To Take Part In Such Inspection And Supervision.
 
CHAPTER III INSPECTION OF EXPORT COMMODITIES
 
Article  13.  For  Export Commodities Which Are Subject To Inspection By The  Commodity Inspection Authorities In Accordance With  This Law, The Consignor Shall Apply To The Same Authorities For Inspection In The Places And Within The Time Limit Specified By Them. The Commodity Inspection Authorities  Shall  Accomplish The Procedures  For  Inspection And Issue A Certificate Without Delaying The Prescribed Time For Shipment.  Export  Commodities  Which  Are Included In The List Of Commodities Shall Be Checked And Released By The Customs Upon Presentation Of The Inspection Certificate Or The Paper For Release Issued By The Commodity  Inspection  Authorities  Or  The  Seal  Of  The  Same Authorities Affixed To The Customs Declaration.
 
Article  14.  Export Commodities Which Have Been Inspected And Passed By The  Commodity  Inspection  Authorities  And For Which An  Inspection Certificate Or A Paper For Release Has Been Issued By The Same Authorities Shall Be Declared For Export And Shipped Out Of The  Country  Within  The  Time Limit  Specified  By  The  Same Authorities. Failing To Meet The Time Limit Shall Entail Reapplication For Inspection.
 
Article 15. An Enterprise Manufacturing Packagings For Dangerous Export Goods Must Apply To The Commodity Inspection Authorities For A Test Of The Performance Of Such Packagings. An Enterprise Producing Dangerous Export Goods Must Apply To The Same Authorities For A Test  Of  The Use Of Packagings. No Permission Shall Be Granted For The Export Of Dangerous Goods Kept In Packagings Which Have Not Passed A Test.
 
Article  16. For Vessel Holds Or Containers Used For Carrying Perishable Foods, The Carrier Or The Organization Using The Containers Shall Apply For Inspection  Before Loading. No Permission Shall Be Granted For Loading And Shipment Until The Relevant Conditions Are Passed By The Inspectors.
 
 
 
CHAPTER IV SUPERVISION AND ADMINISTRATION
 
Article 17. The Commodity Inspection Authorities May Make A Random Inspection  Of Import And Export Commodities Beyond Those Subject  To Inspection  By  The Commodity Inspection Authorities In Accordance With This Law.  No Permission Shall Be Granted For The Export Of Export Commodities Found To Be Substandard In A Random Inspection.
 
Article  18.  The  Commodity Inspection Authorities May, When Necessary, Assign  Inspection  Personnel To Manufacturers Of Export Commodities Which Are  Included In The List Of Commodities To Take Part In Supervision Over The Quality Inspection Of Export Commodities Before They Leave The Factory.
 
Article  19.  The  Commodity  Inspection  Authorities  May Undertake  The  Quality  Certification  Of  Import  And  Export Commodities On The Basis Of Agreements  Signed Between The State Administration  For Commodity Inspection And  The  Foreign Bodies Concerned Or Upon Entrustment By The Foreign Bodies Concerned. They May Permit The Use Of Quality Certification Marks On Import And Export Commodities Which Have Been Given Quality Certification.
 
Article  20. The State Administration For Commodity Inspection And The Commodity  Inspection Authorities Shall, On The Basis Of The Requirements In Their  Inspection,  Entrust  Competent  Inspection Organizations At Home And Abroad  With The Inspection Of Import And Export Commodities After Examining Their Qualifications.
 
Article  21. The State Administration For Commodity Inspection And The Commodity  Inspection Authorities Shall Exercise Supervision Over The Import And  Export  Commodity Inspection Conducted By The Inspection Organizations Designated  Or Approved By Them And May Make A Random Inspection Of The Commodities Which Have Been Inspected By Such Organization.
 
Article  22. The State Shall, When Necessary, Institute A Quality  Licence  System  For  Important  Import  And  Export Commodities  And Their Manufacturers.  The Specific Measures Thereof Shall  Be  Drawn Up By The State Administration  For  Commodity Inspection  In Conjunction With The Relevant Competent Departments Under The State Council.
 
Article  23.  The  Commodity Inspection Authorities May, When Necessary, Place  Commodity  Inspection  Marks  Or  Sealings On Import  And  Export Commodities Proved To Be Up To Standard Through Inspection.
 
Article  24.  In  Case  An Applicant For The Inspection Of Import  And Export  Commodities  Disagrees  With  The Results Of Inspection Presented By The Commodity Inspection Authorities, He May Apply For Reinspection To The Same Authorities, To Those At The Next  Higher  Level  Or To The State Administration For Commodity Inspection.  The  Conclusion On Reinspection Shall Be Made By The Commodity  Inspection  Authorities Or The State Administration For Commodity  Inspection  Which  Has  Accepted  The  Application For Reinspection.
 
Article  25.  The  Commodity  Inspection  Authorities, The Inspection  Organizations   Designated   By  Them  And  Other Inspection  Organizations Approved By The State Administration For Commodity Inspection May Handle The Business Of Superintending And Surveying Import And Export Commodities As  Entrusted  By Parties Involved In Foreign Trade Or By Foreign Inspection Bodies.  The  Scope Of Business Of Superintending And Surveying Import And Export Commodities Shall Cover: Inspection Of The Quality, Quantity, Weight And Packing  Of Import And Export Commodities; Inspection Of  Cargoes With Respect To General Or Particular Average; Inspection Of Container Cargoes; Damage Survey Of Import Cargoes; Inspection Of Technical Conditions For The Shipment Of Exports; Measurement Of Dead  Tonnage; Certification Of The Origin Or Value Of Exports And Other Superintending And Surveying Services.
 
 
 
CHAPTER V LEGAL RESPONSIBILITY
 
Article  26. Anyone Who, In Violation Of The Relevant Provisions Of This Law,  Purposely Markets Or Uses Import Commodities Which Are Included In The List Of Commodities Or Subject To Inspection By The Commodity Inspection Authorities In Accordance With Other Laws Or Administrative Rules And Regulations Without Having Such Commodities Inspected, Or Purposely Exports Export Commodities Which Are Included In  The List Of Commodities Or Subject To  Inspection  By  The Commodity Inspection Authorities In Accordance With Other Laws Or Administrative  Rules And Regulations Without Having Such Commodities Inspected  And  Proved  Up  To  Standard, Shall Be Fined By The Commodity  Inspection  Authorities.  If  The  Circumstances  Are Serious And Cause Heavy Economic Losses, The Criminal Responsibility Of  The Personnel Directly  Responsible Shall Be Investigated By Applying Mutatis Mutandis The Provisions Of Article 187 Of The Criminal Law.Anyone  Who,  In  Violation  Of The Provisions Of Article 17 Of This Law, Purposely  Exports  Export Commodities Which Have Been Found Substandard During  A  Random  Inspection By The Commodity Inspection Authorities, Shall Be Punished In Accordance With The Provisions Of The Preceding Paragraph.
 
Article  27.  If  The  Falsifying  Or  Remaking  Of  The Certificates Or Documents,  Seals  Or Stamps, Marks, Sealings Or Quality Certification Marks For Commodity Inspection Constitutes A Crime,  The  Criminal Responsibility Of  The  Personnel  Directly Responsible  Shall Be Investigated By Applying Mutatis Mutandis The Provisions Of Article 167 Of The Criminal Law; If The Circumstances Are  Minor,  The  Offender  Shall  Be  Fined By The Commodity Inspection Authorities.
 
Article 28. If A Party Refuses To Accept The Punishment Decision Of The Commodity  Inspection Authorities, He May, Within 30 Days Of Receiving The Notice  On The Punishment, Apply For Reconsideration To The Same Authorities Which  Have  Made The Punishment Decision, To Those At The Next Higher Level Or To The State Administration For Commodity  Inspection. If The Party Refuses To Accept The Decision On The Reconsideration, He May, Within 30 Days Of Receiving The Notice On The Reconsideration Decision, Bring A Suit Before A Court Of Law. If The Party Neither Applies For Reconsideration Nor Brings A Suit  Nor  Complies  With  The  Punishment  Decision  Within The Prescribed  Time Limit, The Commodity Inspection Authorities Which Have Made The  Punishment Decision Shall Apply To A Court Of Law For Compulsory Execution.
 
Article  29.  Any  Functionary Of The State Administration For Commodity Inspection  Or  Of The Commodity Inspection Authorities Or  Any  Of  The  Inspection  Personnel  Of  The  Inspection Organizations  Designated By The State Administration For Commodity Inspection And The Commodity Inspection Authorities Who Abuses His Power, Commits Irregularities For The Benefit Of His Relatives Or Friends, Falsifies Inspection Results Or Fails To Conduct Inspection And   Issue  A  Certificate  Within  The  Time  Limit  Through Dereliction  Shall,  Depending  On  The  Seriousness  Of  The Circumstances, Be Given  Administrative Sanction, Or His Criminal Responsibility Shall Be Investigated According To Law.
 
CHAPTER VI SUPPLEMENTARY PROVISIONS
 
Article  30.  The  Commodity Inspection Authorities And Other Inspection Organizations Shall Collect Fees According To Relevant Provisions For Carrying  Out Inspection Or Performing Superintending And Surveying Services In  Accordance With The Provisions Of This Law.  The  Procedures  For Collecting Fees Shall Be Drawn Up By The State Administration For Commodity Inspection In Conjunction With The Competent Departments Under The State Council.
 
Article  31.  Rules  For  The Implementation Of This Law Shall  Be Formulated  By  The  State Administration For Commodity Inspection And Shall Come Into Force After Being Submitted To And Approved By The State Council.
 
Article  32.  This  Law Shall Come Into Force As Of August 1, 1989. The Regulations  Of  The  People's Republic Of China On The Inspection Of Import And Export Commodities Promulgated By The State Council On January 28, 1984 Shall Be Invalidated As Of The Same Date.