中华人民共和国进出口商品检验法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION

主席令第十四号
（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）
颁布日期：19890221 　实施日期：19890801 　颁布单位：全国人大常委会

　　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.

　　Article 2 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 aut

horities 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 a

re 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 sup ervision 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.

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