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

rticle 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 inclu

ded 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 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

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