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进出口商品报验的规定

分类: 法律英语 
 

国检务(1989)443号
(Promulgated by the State Administration of Import and Export Commodity Inspection on August 21, 1989)
颁布日期:19890901  实施日期:19890901  颁布单位:国家商检局

With a view to strengthening the administrative work of application for inspection of import and export commodities, these provisions are formulated in accordance with the relevant articles of the Law of the People's Republic of China on Import and Export Commodity Inspection.

Article 1 Application Units

(1) Domestic enterprises authorized to engage in import and export business;

(2) Receivers (consignee) of import commodities or their agents;

(3) Manufacturers producing export commodities;

(4) Parties involved in foreign trade;

(5) Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and wholly foreign-owned enterprises;

(6) Representative offices of foreign enterprises and trade corporations in China.

Article 2 Scope of Application for Inspection

(1) Import and export commodities included in the List of Commodities;

(2) Sanitary inspection and quarantine of export food and quarantine of export animal products;

(3) Performance testing and usage testing of pack agings (pressure vessels or containers) for dangerous export goods;

(4) Vessels and containers used for carrying export perishable food;

(5) Import and export commodities subject to inspection by the commodity inspection authorities under other laws or administrative rules and regulations;

(6) Commodities which can be permitted for import must be subject to the certificates issued by the commodity inspection authorities in accordance with the agreement between the competent departments of China and those of the importing countries;

(7) Commodities subject to inspection and certification by the commodity inspection authorities as specified in the foreign trade contracts or letter of credits;

(8) Superintending and surveying services upon application by the parties involved in foreign trade;

(9) Inspection services upon entrustment.

The commodity inspection authorities will not accept the application for inspection, if there is any one of the following conditions:

(1) Export commodities subject to inspection have been shipped out without inspection;

(2) Commodities do not belong to the scope of commodity inspection in accordance with the division of work.

Article 3 Documents / Certificates Required for Application for Inspection

(1) The applicants when applying for inspection of import commodities, shall submit the foreign trade contracts, foreign invoices, bill of lading, packing list and the Notice for Arrival of Imported Goods;

Those applying for quality inspection of import commodities shall submit the quality certificates of foreign countries, instruments of usage relative standards and technical materials. If the contract is concluded based on samples, the transaction samples must be attached accordingly;

Those who applying for survey on damage goods shall submit the relative documents/certificates, such as tallying sheet of damage goods, the railway commercial records, the air accident records or the marine reports;

Those who applying for weight (quantity) survey shall submit the description of weight and tallying sheet, etc.;

Import commodities subject to inspection and receipt by the receivers and end-users, or subject to inspection by other units, are required to be attached with the inspection and receipt records, weight description and report of inspection findings.

(2) The applicants when applying for inspection of export commodities shall submit foreign trade contracts, (confirmation letters), L/C and relative documents/certificates and letters. If the contract is concluded based on samples, the samples confirmed by two parties are required to be attached. Those who apply for preliminary inspection of export commodities shall submit the necessary inspection basis.

If the commodities subject to preliminary inspection are to Be exported against the inspection certificates issued by the local commodity inspection authorities the preliminary inspection results shall be attached.

Commodities subject to inspection by the other commodity inspection authorities must be attached with the original copy of “List of Exchanging Inspection Certificates of Export Commodities”。

Any commodities which must make sanitary registration and export quality license with the commodity inspection authorities shall be attached with the sanitary registration certificates issued by the commodity inspection authorities, the qualified inspection report issued by the factory or the export quality license.

If frozen, aquatic, animal products and canned food are required to go through formalities for sanitary registration certificates, the sanitary registration certificates issued by the commodity inspection authorities and the qualified inspection report issued by the factory must be presented to the commodity inspection authorities.

(3) Application for inspection of superintending and surveying services The parties involved in foreign trade when applying for superintending and surveying services shall submit the relevant contracts, foreign invoices, bill of lading (transport bill of lading), commercial records, weight descriptions, cargo manifests, storage plan, letters by shippers or writing instruments, marine reports or other relative certificates.

(4) Application for inspection of packaging inspection of dangerous goods

((1)) The applicants when applying for testing on performance of pack agings of dangerous goods must submit the relevant documents such as standards for products and processing specifications, etc.;

((2)) The applicants when applying for testing on usage of pack agings of dangerous goods must submit the performance testing report and the relative documents and certificates.

(5) Application for inspection of entrustment inspection

((1)) The applicants shall submit the samples for inspection and state the inspection requirements, and if necessary shall submit the relevant standard for inspection or inspection methods;

((2)) Foreign parties when applying for entrustment inspection and surveying services shall submit the relevant letters and materials.

Article 4 Time-limit and Place of Application for Inspection

After arrival of the import commodities which are subject to inspection by the commodity inspection authorities, the receivers or the forwarding agents shall make registration for import commodities with the commodity inspection authorities located at the arrival port or the station of arrival against the “Notice of Arrival of Imported Goods” or other relative documents/certificates;

For import commodities which are included in the List of Commodities and for import commodities which are not included in the List of Commodities, but subject to inspection certificates issued by the commodity inspection authorities, against which claim may be claimed, the receivers and end-users or their agents shall apply for inspection to the commodity inspection authorities located at the destination of goods within the time-limit at least before 1/3 valid period for claim. If the valid period for claim is limited to accomplish the inspection procedures for issuing certificates the applicants must make an application for extension of the claim period with the foreign parties in advance;

Application for inspection of damage survey on damaged import commodities are in general made at the arrival port;

Application for inspection of weight survey on large quantity of import commodities in bulk are in general made at the arrival port;

For a batch of import commodities which will be distributed to several places, the receivers or their agents shall apply to the commodity inspection authorities located at the port for inspection and issuance of certificates. Those which can not be inspected at the port by batches due to some certain reasons shall apply for inspection at another place.

For export commodities, application for inspection shall be made at least 10 days before declaration to the Customs or before shipment. For some special export commodities which need longer time for inspection, appropriate time shall be kept for sampling and inspection.

Article 5 Requirements of Application for Inspection

(1) The applicants must fill in the application in accordance with the requirements. Being of clear writing, accurate, complete in filled items, and identical Chinese and English version, and with stamps of the application units, one copy of the application is only to refer to one batch on commodities. No change or alternation of the contents of the application can be made;

(2) If the applicants, have some special requirements about the contents of the inspection certificate, they shall make a statement on the application of inspection in advance;

(3) The applicants when applying for inspection shall pay the inspection fee in accordance with the provisions;

(4) The applicants shall arrange the time for sampling inspection procedures, and testing and provide the necessary working conditions for sampling, inspection and testing.

(5) For export commodities which have completed the application procedures for inspection, if the L/C is required to be revised by foreign letters, which refers to some commodity inspection clauses, the applicants must present the revised letter to the commodity inspection authorities and go through the formalities for modifying the clauses related.

(6) The applicants when withdrawing the application for inspection due to some special reasons, shall proceed with the cancellation of application for inspection by making a written statement.

(7) The applicants, what taking the inspection certificates shall sign their accurate names and time, and keep the certificate in a proper way. The various kinds of certificates shall be used in accordance with their special requirements and will not be mixed up for use.

Article 6 Modification of Certificates and Documents

(1) The applicants when deemed necessary, have reasonable reasons to require to modify or add/remit the contents of the various kinds certificates and documents issued by the commodity inspection authorities, they must make an application to the original commodity inspection authority which issued the certificates and present all the certificates and documents originally issued. Subject to examination and approval, the relevant certificates documents may be modified or reissued by the original commodity inspection authority.

(2) If the inspection certificates issued by the inland commodity inspection authorities are found some problems which refer to the modification and the contents of inspection items, the applicants shall contact with the original commodity inspection authority which issued the inspection certificate to deal with the relative matters.

(3) The applicants must strictly abide by the Law of the People's Republic of China on Import and Export Commodity Inspection and the relevant administrative laws, rules and regulations, no commodity inspection certificates can be allowed purposely to be altered, falsified, remade and illegally assigned.

Article 7 The Time-limit for Shipment

The export commodities subject to inspection by the commodity inspection authorities which have been issued the inspection certificate or releasing notices shall be in general shipped out within 2 months since the date of issuing the certificates or documents, while the fresh and live commodities shall be shipped out within two weeks. If the export commodities are not shipped out within the above- mentioned time-limit, the application for reinspection must be made with the commodity inspection authorities, and all inspection certificates and releasing notices issued originally must be returned respectively.

Article 8 The right of interpreting these Provisions resides in the State Administration of Import and Export Commodity Inspection.

Article 9 These Provisions shall go into effect on the date of their promulgation

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