BIZCHINA / Foreign Trade
Measures for Exemption from Inspection of Import and Export Commodities
Updated: 2006-04-18 10:51
The State Administration for Import and Export Commodity Inspection
August 1, 1994
Article 1 These Measures are formulated in accordance with the
provisions of Article 5 of the Law of the People's Republic of China on
Import and Export Commodity Inspection and Article 8 of the Rules for the
Implementation of the Law of the People's Republic of China on Import and
Export Commodity Inspection for the purposes of ensuring the quality of
import and export commodities and promoting the smooth development of
foreign trade relation.
Article 2 Import and export commodities included in the List of Import
and Export Commodities Subject to Inspection by the Commodity Inspection
Authorities may be exempt from inspection where an application submitted
by a consignee, consignor or producing enterprise (hereinafter referred
to as the applicant) is examined and approved by the State Administration
for Import and Export Commodity Inspection.
Article 3 Where an applicant applies for an exemption from inspection,
the following requirements shall be met:
(1) The producing enterprise of import and export commodities for which
the exemption from inspection is applied shall establish a perfect
quality system.
A producing enterprise of import commodities shall be assessed by a
relevant institution which is approved by the State Administration for
Import and Export Commodity Inspection or has an identification
agreement, and obtain a quality system appraisal certificate issued by it.
A producing enterprise of export commodities shall be approved by the
ChiSystem (ISO9000) and be assessed by an appraisal institution
registered with the State Administration for Import and Export Commodity
Inspection, and obtain a quality system appraisal certificate issued by
it.
(2) The quality of import and export commodities for which the exemption
from inspection is applied shall be in a consistent standard, and has had
a 100% passing rate in inspections conducted by the commodity inspection
authority over three consecutive years.
(3) Chinese users of import commodities or foreign users of export
commodities have no disputes over the quality of import and export
commodities for which the exemption from inspection is applied.
Article 4 Import and export commodities involving aspects of safety or
hygiene or the following special requirements shall not be eligible for
exemption from inspection:
(1) grain and oil food, toys, makeup, and electric appliances, etc.;
(2) commodities subject to the licence control of safety and quality for
import commodities;
(3) commodities the quality of which is easily changeable or cargoes in
bulk;
(4) commodities of which the contract requires that the price shall be
calculated and the foreign exchange settled on the basis of the
components and contents listed in the commodity inspection certificate;
(5) packing containers used for dangerous import and export goods.
Article 5 An applicant shall apply for an exemption from inspection in
accordance with the following procedures;
(1) The applicant shall fill in and submit an application form for
exemption from inspection and the relevant materials (including quality
system appraisal certificate, quality standard, documents on production"
technology, passing rate certificate for commodity inspection,
preliminary examination comments of commodity inspection authority,
users' feedback) to the State Administration for Import and Export
Commodity Inspection .
The format of the application form for exemption from inspection and the
form of preliminary examination comments by the commodity inspection
authority are attached as appendixes.
(2) Where export commodities are applied for exemption from inspection,
only after the commodity inspection authority of the place where the
producing enterprise is located has made preliminary examination in
accordance with these Measures and the relevant provisions and the
commodities are found up to standard, may the applicant submit an
application to the State Administration for Import and Export Commodity
Inspection for exemption from inspection.
Article 6 The State Administration for Import and Export Commodity
Inspection shall, upon examination, handle the application for exemption
from inspection submitted by an applicant as follows:
(1) The application for exemption from inspection shall be accepted if
it conforms to the provisions of these Measures;
(2) Where the contents of the application for exemption from inspection
are incomplete or the attached documents arc incomplete, the application
for exemption from inspection shall be returned to the applicant for
making supplements within a prescribed time limit. Where no supplements
are made at the expiry of the time limit, the application shall be deemed
as being withdrawn.
(3) Where the application for exemption from inspection does not conform
to the provisions of these Measures, it shall be rejected, and the
applicant shall be notified in writing;
Article 7 The State Administration for Import and Export Commodity
Inspection shall arrange for an expert group for examination to assess
and examine an accepted application for exemption from inspection.
Members of an expert group for examination shall, in general, be
qualified as an appraiser of quality system for export commodities, and
the headman shall, in general be qualified as a chief appraisal.
The headman of an expert group for examination shall exercise leadership
in the work in relation to assessment and examination.
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