Head   record **General rules Chapter II Inspection of Imported Commodities Chapter III Inspection of Export Commodities Chapter IV Supervision and Management Chapter V Legal Liability Chapter VI Supplementary Provisions **General rules Article ** In order to strengthen the inspection of import and export commodities, standardize the inspection of import and export commodities, safeguard the public interest of the public and the legitimate rights and interests of all parties involved in import and export trade, and promote the smooth development of foreign economic and trade relations, this Law is enacted. Article 2 The State Council shall establish an import and export commodity inspection department (hereinafter referred to as the State Commodity Inspection Department) to supervise the inspection of import and export commodities throughout the country. The import and export commodity inspection agencies (hereinafter referred to as commodity inspection agencies) set up by the State Commodity Inspection Department are responsible for the inspection of import and export commodities under the jurisdiction of the jurisdiction. Article 3 The commodity inspection authorities and the inspection agencies approved by the State Commodity Inspection Department shall conduct inspections on import and export commodities according to law. Article 4 The inspection of import and export commodities shall be based on the principles of protecting human health and safety, protecting the life and health of animals or plants, protecting the environment, preventing fraud, and safeguarding national security. The State Administration of Commodity Inspection shall formulate and adjust the import and export that must be inspected. The catalogue of commodities (hereinafter referred to as the catalogue) is published and implemented. Article 5 The import and export commodities listed in the catalogue shall be inspected by the commodity inspection authorities. If the imported commodities specified in the preceding paragraph have not been inspected, they shall not be allowed to be sold or used; if the export commodities specified in the preceding paragraph have not passed the inspection, they shall not be allowed to export. The import and export commodities stipulated in this Article **, which meet the conditions for exemption from inspection as prescribed by the State, shall be exempted from inspection by the consignee or consignor and subject to examination and approval by the State Commodity Inspection Department. Article 6 The import and export commodity inspections that must be implemented refer to the conformity assessment activities that determine whether the import and export commodities listed in the catalogue meet the mandatory requirements of the national technical specifications. Conformity assessment procedures include: sampling, inspection and inspection; assessment, verification and qualification assurance; registration, accreditation and approval, and combinations of items. Article 7 Import and export commodities listed in the catalogue shall be inspected in accordance with the mandatory requirements of the State's technical specifications; if the mandatory requirements of the national technical norms have not been formulated, they shall be formulated in a timely manner according to law. Before they are formulated, they may refer to the foreign countries designated by the State Administration of Commodity Inspection. The relevant standards are tested. Article 8 An inspection agency approved by the State Administration of Commodity Inspection may accept the entrustment of a foreign trade relations person or a foreign inspection agency to handle the import and export commodity inspection and appraisal business. Article 9 The laws and administrative regulations stipulate that import and export commodities or inspection items that are inspected by other inspection agencies shall be handled in accordance with the provisions of relevant laws and administrative regulations. Article 10 The State commodity inspection authorities and commodity inspection authorities shall promptly collect and provide relevant parties with information on the inspection of import and export commodities. The staff of the State Commodity Inspection Department and the commodity inspection agency shall, in fulfilling their duties of import and export commodity inspection, be obliged to keep confidential the trade secrets they are aware of. Chapter II Inspection of Imported Commodities Article 11 The consignee or its agent of imported goods that must be inspected by the commodity inspection authorities under this Law shall be reported to the commodity inspection authorities at the customs declaration office. The customs shall verify the inspection of the goods through the customs clearance issued by the commodity inspection authorities. Article 12 The consignee or its agent of the imported goods that must be inspected by the commodity inspection authorities under this Law shall, at the place and within the time limit prescribed by the commodity inspection authorities, accept the inspection of the imported commodities by the commodity inspection authorities. The commodity inspection agency shall complete the inspection within the time limit specified by the State commodity inspection department and issue a verification certificate. Article 13 This Law stipulates that the consignee of imported goods other than imported goods that must be inspected by the commodity inspection authorities may find that the quality of the imported goods is unqualified or there is a shortage of damage. If the commodity inspection agency needs to issue a certificate, it shall apply to the commodity inspection agency for inspection. certificate. Article 14 For important imported commodities and large-scale complete sets of equipment, the consignee shall pre-inspect, supervise or supervise the shipment before the shipment in the exporting country according to the foreign trade contract. The competent department shall strengthen supervision; the commodity inspection agency may, as needed, Send inspectors to participate.  Chapter III Inspection of Export Commodities Article 15 The consignor or its agent of export commodities that must be inspected by the commodity inspection authorities in this Law shall report to the commodity inspection authorities at the place and within the time limit prescribed by the commodity inspection authorities. The commodity inspection agency shall complete the inspection within the time limit specified by the State commodity inspection department and issue a verification certificate. For export commodities that must be inspected in accordance with the provisions of this Law, the Customs shall examine and release the goods through the customs clearance certificate issued by the commodity inspection authorities. Article 16 Export commodities that have been inspected and issued to the inspection verification form by the commodity inspection authorities shall be declared for export within the time limit prescribed by the commodity inspection agency; if the time limit is exceeded, the inspection shall be re-inspected. Article 17 An enterprise that produces packaging containers for export of dangerous goods must apply to the commodity inspection agency for performance appraisal of packaging containers. Enterprises that produce dangerous goods for export must apply to the commodity inspection authorities for the identification of the use of packaging containers. Dangerous goods that use unqualified packaging containers are not allowed to be exported. Article 18 For ships and containers that ship perishable and perishable food, the carrier or the packing unit must apply for inspection before loading. Shipments are not allowed without inspection. Chapter IV Supervision and Management Article 19 The commodity inspection authorities shall conduct random inspections and inspections on import and export commodities other than import and export commodities that must be inspected by the commodity inspection authorities in accordance with the provisions of this Law. The State Administration of Commodity Inspection may publish the results of spot checks or notify the relevant departments of the spot checks. Article 20 In accordance with the needs of facilitating foreign trade, the commodity inspection authorities may, in accordance with state regulations, conduct pre-shipment quality supervision, management and inspection of exported commodities listed in the catalogue. Article 21 The agent who handles the inspection and approval procedures for the consignees and consignors of import and export goods shall register at the commodity inspection authorities; when submitting the inspection procedures, they shall submit a power of attorney to the commodity inspection authorities. Article 22 The State commodity inspection authorities may, in accordance with relevant state regulations, pass examinations and permit qualified domestic and foreign inspection agencies to undertake the commissioned import and export commodity inspection and appraisal business. Article 23 The State commodity inspection authorities and commodity inspection authorities shall supervise the import and export commodity inspection and appraisal business activities of the inspection agencies approved by the State commodity inspection authorities according to law, and may conduct random inspections on the commodities they inspect. Article 24 The State commodity inspection authorities shall implement certification management for relevant import and export commodities in accordance with the national unified certification system. Article 25 The commodity inspection authorities may, in accordance with the agreements signed by the State commodity inspection authorities and foreign institutions, or accept the commission of foreign institutions to carry out quality certification of import and export commodities, and permit the use of quality certification marks on certified import and export commodities. Article 26 The commodity inspection authorities shall, in accordance with this Law, carry out verification management on the import and export commodities subject to the licensing system, check the documents and check whether the certificates are in conformity. Article 27 The commodity inspection authorities may, if necessary, apply a commodity inspection mark or seal to the qualified import and export commodities. Article 28 If the applicant for import and export commodities disagrees with the inspection results made by the commodity inspection authorities, he may apply to the former commodity inspection agency or its superior commodity inspection agency or the State commodity inspection department for re-inspection, and the commodity inspection agency or the state commodity inspection that accepts the re-inspection. The department made a re-inspection conclusion in time. Article 29 If a party refuses to accept the re-inspection conclusions made by the commodity inspection authorities or the commodity inspection authorities or fails to accept the punishment decision made by the commodity inspection authorities, they may apply for administrative reconsideration according to law or file a lawsuit with the people's court according to law. Article 30 The State commodity inspection authorities and commodity inspection authorities shall abide by the law, safeguard the national interests, and strictly enforce the law and accept supervision in accordance with the statutory powers and legal procedures. The State commodity inspection authorities and commodity inspection authorities shall, in accordance with the need to perform their duties according to law, strengthen team building so that the commodity inspection staff have good political and professional qualities. The commodity inspection staff shall receive business training and assessment on a regular basis. Only after passing the examination can they be employed to perform their duties. The commodity inspection staff must be devoted to their duties, civilized service, abide by professional ethics, and must not abuse their powers and seek personal gain. Article 31 The State commodity inspection authorities and commodity inspection authorities shall establish and improve an internal supervision system to supervise and inspect their staff's law enforcement activities. The duties and responsibilities of the main positions in the commodity inspection authorities that are responsible for accepting inspection, inspection, and issuing licenses shall be clear and separate and mutually restrictive. Article 32 All units and individuals have the right to sue and report violations of laws and disciplines by the State commodity inspection authorities, commodity inspection authorities and their staff. The organ that has received the accusation and report shall investigate and deal with it according to the division of responsibilities according to law, and keep the accused and the prosecutor confidential.  Chapter V Legal Liability Article 33. In case of violation of the provisions of this Law, imported goods that must be inspected by the commodity inspection authorities have not been reported to be sold or used without inspection, or export commodities that must be inspected by the commodity inspection authorities have not been reported to be exported without authorization. The commodity inspection agency shall confiscate the illegal income and impose a fine of not less than 5% or more than 20% of the value of the goods; if it constitutes a crime, it shall be investigated for criminal responsibility according to law. Article 34 Whoever violates the provisions of this Law and engages in the inspection and appraisal of import and export commodities without the permission of the State commodity inspection authorities shall be ordered by the commodity inspection authorities to stop illegal operations, confiscate the illegal gains, and be more than three times the illegal income. fine. Article 35 If an import or export is a product that is adulterated, false, or shoddy, or that is unqualified as an import or export commodity, the commodity inspection agency shall order it to stop importing or exporting, and confiscate the illegal income. And a fine of not more than 50% and not more than three times the value of the goods; if it constitutes a crime, criminal responsibility shall be investigated according to law. Article 36 Whoever forges, alters, trades or steals a commodity inspection certificate, seal, logo, seal or quality certification mark shall be investigated for criminal responsibility according to law; if it is not criminally penalized, the commodity inspection agency shall order it to make corrections and confiscate the illegal income. A fine equal to or less than the value of the goods. Article 37 If the staff of the State commodity inspection authorities or commodity inspection authorities violate the provisions of this Law and disclose any known commercial secrets, they shall be given administrative sanctions according to law. If there are illegal gains, the illegal gains shall be confiscated; if they constitute a crime, criminal responsibility shall be investigated according to law. Article 38: The staff of the State commodity inspection authorities and commodity inspection authorities abuse their powers, deliberately defame, engage in malpractices, falsify inspection results, or neglect their duties, delay the inspection and issue of certificates, and give administrative sanctions according to law; if they constitute a crime, they shall be investigated according to law. criminal responsibility. Chapter VI Supplementary Provisions Article 39 The commodity inspection authorities and other inspection agencies shall carry out inspections and handle inspection and appraisal operations in accordance with the provisions of this Law, and shall charge fees in accordance with relevant state regulations. Article 40 The State Council shall formulate implementation regulations in accordance with this Law. Article 41 This Law shall come into force on August 1, 1989.
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