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（题注：
This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
LAW OF THE PEOPLE'S REPUBLIC OFCHINA ON IMPORT
(Adopted at the Sixth Meeting ofthe Standing
Seventh National People'sCongress on February 21, 1989, promulgated
Order No. 14 of the President ofthe People's
February
Chapter II
Chapter III
Chapter IV
Chapter V
Chapter VI
This Law is enacted with a viewto strengthening the inspection of import
and
commodities, protecting thelawful rights and
involved in foreign trade, andpromoting the smooth development of China's
economic and trade relationswith foreign countries.
The State Council shallestablish an Administration for Import and Export
Commodity Inspection(hereinafter referred to as the State Administration
for Commodity Inspection), whichshall be in charge of the inspection of
import and export commoditiesthroughout the country. The local import and
export commodity inspectionauthorities (hereinafter referred to as
commodity inspectionauthorities) set up by the State Administration
Commodity Inspection shall beresponsible for the inspection of import and
export commodities within areasunder their jurisdiction.
The commodity inspectionauthorities and
designated by the StateAdministration for Commodity Inspection and
commodity inspection
perform the inspection of importand export commodities.
The State Administration forCommodity Inspection shall, in the light of
the needs in the development offoreign trade, make, adjust and publish a
List of Import
Commodity Inspection Authorities(hereinafter referred to as the List of
Import
Commodities and import andexport commodities subject to inspection by the
commodity inspection authoritiesunder other laws or administrative rules
and regulations must beinspected by the commodity inspection authorities
or inspection organizationsdesignated by
Commodity
permission shall be granted forthe sale
specified in the precedingparagraph until they have undergone inspection;
and no permission shall begranted for the export
specified in the precedingparagraph until they have been found to be
to standard throughinspection.
Import and export commoditiesspecified in the
Article may be exempted frominspection upon the examination and approval
of an
Administration for CommodityInspection.
Inspection on import and exportcommodities
inspectionauthorities
weight, packing and therequirements for safety and hygiene.
Import and export commoditiesgoverned by compulsory
inspection standards which mustbe complied with as provided for by laws
or administrative rules andregulations shall be inspected in accordance
with such inspectionstandards;
import and export commoditiesshall be inspected in
inspection standards agreed uponin the foreign trade contracts.
Import and export commodities oritems
inspection
regulations shall be
relevant laws or administrativerules and regulations.
The State
inspection authorities shallcollect
import and exportcommodities
For import commodities which aresubject to inspection
inspection authorities inaccordance with this
register them with the commodityinspection
port of discharge or the stationof arrival. Import commodities which are
included in the List ofCommodities shall be checked and released by
Customs
authorities affixed to theCustoms declaration.
For import commodities which aresubject to inspection
inspection authorities inaccordance with this Law, the consignee
apply to the same authoritiesfor inspection in places and within the time
limit specified
accomplish
certificate within theperiod
If import commodities other thanthose which are subject to inspection by
the commodity inspectionauthorities in accordance with this Law are found
to be not up to thequality
quantity,
authorities for inspection andthe issuance of an
if such a certificate isnecessary for claiming compensation.
For important import commodities and a complete set of equipment in
size, the consignee shall, inaccordance with the terms agreed upon in
foreign trade contract, conductinitial inspection or initial supervision
over manufacturing or loading inthe exporting
while
supervision. The commodityinspection
dispatch
For export commodities which aresubject to inspection
inspection authorities inaccordance with this Law, the consignor
apply to the same authoritiesfor inspection in the places and within the
time limit specified bythem.
accomplish the procedures forinspection and issue a
delaying the prescribed time forshipment.
included in the List ofCommodities shall be checked and released by
Customs upon presentation of theinspection certificate or the paper for
release issued by the commodityinspection authorities or the seal of the
same authorities affixed to theCustoms declaration.
Export commodities which havebeen inspected and passed by the commodity
inspection authorities and forwhich an inspection certificate or a paper
for release has been issued bythe same authorities shall be declared for
export and shipped out of thecountry within the time limit specified by
the same
An enterprise manufacturingpackagings for
apply
performance of such packagings.An enterprise producing dangerous export
goods must apply tothe same
packagings. No permission shallbe granted for
goods kept in packagings whichhave not passed a test.
For vessel holds or containersused for
carrier
inspection before loading. Nopermission shall be granted for loading and
shipment until the relevantconditions are passed by the inspectors.
The commodity inspectionauthorities
import and export commoditiesbeyond those subject to inspection by
commodity
permission shall be granted forthe export of export commodities found to
be substandard in a randominspection.
The
inspection personnel tomanufacturers
included in the List ofCommodities to take part in supervision over
quality inspection of exportcommodities before they leave the factory.
The
certification of import andexport commodities on the basis of agreements
signed between the StateAdministration for Commodity Inspection and
foreign bodies
concerned. They may permitthe use
import and export commoditieswhich have been given quality certification.
The State
inspection authorities shall, onthe basis of the
inspection, entrust competentinspection organizations at home and abroad
with the inspection of importand export commodities after examining their
The State
inspection authorities shallexercise
export commodityinspection
designated or approved by themand may make a
commodities which have beeninspected by such organization.
The State shall, when necessary,institute a quality
important import and
specific measures thereof shallbe drawn up by
for Commodity
departments under the StateCouncil.
The commodity inspectionauthorities may, when necessary, place commodity
inspection marks or sealings onimport and export commodities proved to be
up to standard throughinspection.
In case an applicant for theinspection of import and export commodities
disagrees with the
inspection
authorities,
Administration for CommodityInspection. The conclusion
shall be made
Administration for CommodityInspection which has accepted the application
The
designated by them andother
State Administration forCommodity Inspection may handle the business of
superintending and surveyingimport and export commodities as entrusted by
parties involved in foreigntrade or by foreign inspection bodies.
The scope of business ofsuperintending and surveying import and
commodities shall cover:inspection of the quality, quantity, weight
packing of importand export
respect to general or particularaverage; inspection of container cargoes;
damage survey of import cargoes;inspection of
the shipment of exports;measurement of dead tonnage; certification of the
origin
Anyone who, in violation of therelevant provisions of this Law, purposely
markets or uses importcommodities which
Commodities
authorities in accordance withother
regulations
exports export commodities whichare included in the List of Commodities
or subject to
accordance with other laws oradministrative rules and regulations without
having such commoditiesinspected and proved up to standard shall be fined
by the commodity inspectionauthorities. If the circumstances are serious
and cause heavy
personnel directly responsibleshall be investigated by applying mutatis
mutandis the provisions ofArticle 187 of the Criminal Law.
Anyone who, in violation of theprovisions of
purposely exports exportcommodities which
during a random inspection bythe commodity inspection authorities, shall
be punished in accordance withthe provisions of the preceding paragraph.
If the falsifying or remaking ofthe certificates or documents, seals or
stamps, marks,sealings
inspection
personnel directly responsibleshall be investigated by applying mutatis
mutandis the provisionsof Article
circumstances are minor, theoffender shall
If a party refuses to acceptthe punishment
inspection authorities, he may,within 30 days of receiving the notice on
the punishment, apply forreconsideration to the
have made the punishmentdecision, to those at the next higher level or to
the State Administration forCommodity Inspection.
to accept the decision on thereconsideration, he may, within 30 days of
receiving the notice on thereconsideration decision, bring a
complies with the punishmentdecision within the
the commodity
decision shall apply to a courtof law for compulsory execution.
Any functionary of the StateAdministration for Commodity Inspection or of
the commodity inspectionauthorities or any of the inspection personnel of
the inspection organizationsdesignated by the
Commodity Inspection and thecommodity inspection authorities who abuses
his power, commitsirregularities for the
friends, falsifies inspectionresults or fails to conduct inspection and
issue a certificatewithin
depending on the seriousness ofthe circumstances, be given administrative
sanction, or his criminalresponsibility shall be investigated
The commodity inspectionauthorities and
shall collect feesaccording
inspection
accordance with the provisionsof this Law. The procedures for collecting
fees
Inspection in conjunction withthe competent departments under the State
Rules for the implementation ofthis Law shall be formulated by the State
Administration for CommodityInspection and shall come into force
being submitted to and approvedby the State Council.
This Law shall come into forceas of August 1, 1989.
the People's Republic of Chinaon the
Commodities promulgated by theState Council on January 28, 1984 shall be