BIZCHINA / Foreign Trade
Measures for Exemption from Inspection of Import and Export Commodities
Updated: 2006-04-18 10:51
Article 8 Where an applicant considers that any member of the expert
group for examination is an interested party to the work in relation to
exemption from inspection he undertakes or may affect the impartiality of
the examination, he may apply to have the member withdrawn.
The withdrawal of a member of an expert group for examination shall be
determined by the State Administration for Import and Export Commodity
Inspection.
Article 9 An expert group for examination shall carry out its work in
accordance with the following procedures:
(1) examining and assessing the application form for exemption from
inspection and other relevant materials submitted by an applicant;
(2) examining and assessing the preliminary examination form and the
examination report of commodity inspection authority;
(3) studying and working out a plan for the examination of exemption
from inspection;
(4) examining and testing the commodities for which the exemption from
inspection is applied, and submitting a testing report;
(5) assessing the producing enterprise in accordance with the plan for
the examination of exemption from inspection and the relevant provisions;
(6) making examination conclusions and submitting a written examination
report.
Article 10 The State Administration for Import and Export Commodity
Inspection shall, on the basis of the examination report submitted by the
expert group for examination, handle the application for exemption from
inspection submitted by an applicant as follows:
Where the provisions of these Measures are met, the application shall be
approved and a certificate of exemption from inspection be issued.
Where the provisions of these Measures are not met, the application shall
be disapproved, and the applicant shall be notified in writing.
Article 11 The period of validity of a certificate of exemption from
inspection shall be determined by the State Administration for Import and
Export Commodity Inspection, but generally shall not exceed three years.
Article 12 An applicant of import and export commodities approved to be
exempt from inspection shall undertake clearance procedures with a
commodity inspection authority by presenting a valid certificate of
exemption from inspection, foreign trade contract, letter of credit,
quality certificate of the commodities and other documents.
In the case of export commodities exempt from inspection for which a
commodity inspection certificate is required, the commodity inspection
authority may issue such a certificate on the strength of the quality
certificate submitted by the applicant; in respect of quantity, weight,
and packaging and other items, a commodity inspection certificate may be
issued only after they have been examined in accordance with the relevant
provisions.
Article 13 A producing enterprise of import and export commodities
approved to be exempted from inspection shall be subject to supervision
and control from commodity inspection authorities.
Commodity inspection authorities may conduct spot checks of import and
export goods exempt from inspection and if problems relating to quality
are found to exist, the authority shall refuse to handle clearance
procedures for exemption from inspection.
Article 14 After receiving a complaint against the quality of import and
export commodities exempt from inspection from a domestic or overseas
user or a report from a commodity inspection authority, the State
Administration for Import and Export Commodity Inspection shall,
depending on circumstances, promptly organize an expert group for
examination to conduct selective examinations and assessment of the
commodities exempt from inspection and make examination conclusions.
Article 15 The applicant and producing enterprise of the import and
export commodities exempt from inspection shall not alter its structural
properties or manufacturing processes of the import and export
commodities exempt from inspection. If alterations are made, examination
and approval procedures for exemption from inspection must be undertaken
anew.
Article 16 An applicant may apply for an extension of the term of
validity of a certificate of exemption from inspection within four months
before the expiry of the term of validity of the certificate of exemption
from inspection; where it is found up to standard upon the re-examination
of the State Administration for Import and Export Commodity Inspection,
the term of validity for exemption from inspection may be extended, in
general, for a period not longer than three years.
Article 17 When undertaking the procedures for applying for exemption
from inspection and renewing the certificate at the time the commodities
exempt from inspection are exported, an applicant shall pay a certain
amount of fees according to the provisions.
Article 18 An applicant who, in violation of these Measures, uses
fraudulent means or conceals the facts to deceive the State
Administration for Import and Export Commodity Inspection or commodity
inspection authorities shall be penalized in accordance with the
provisions of the Law of the people's Republic of China on Import and
Export Commodity Inspection and other relevant laws and administrative
regulations.
Article 19 Any commodity inspection functionaries who, in violation of
the provisions of these Measures, abuse their powers, neglect their
duties, commit illegalities by fraudulent means or for personal gains in
assessment, examination, approval or day-to-day work shall be imposed
administrative sanctions depending on the seriousness of circumstances.
Where the circumstances are serious enough to constitute a crime, legal
liability shall be investigated according to law.
Article 20 These Measures shall enter into force as of October 1, 1994.
The Measures for Exemption from Inspection of Import and Export
Commodities (Trial Implementation) promulgated by the State
Administration for Import and Export Commodity Inspection on January 11,
1990 shall be nullified simultaneously.
Promulgated by The State Administration for Import and Export Commodity
Inspection on 1994-8-1
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