On February 21, 1989, the Sixth Session of the Standing Committee of the Seventh National People's Congress adopted the Import and Export Commodity Inspection Law. This law was later amended at the twenty-seventh meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2002.
**General Provisions**
Chapter II: Inspection of Imported Commodities
Chapter III: Inspection of Exported Commodities
Chapter IV: Supervision and Management
Chapter V: Legal Liability
Chapter VI: Supplementary Provisions
**General Provisions**
Article 1: To strengthen the inspection of import and export commodities, standardize these inspections, protect public interests, safeguard the legitimate rights and interests of all parties involved in foreign trade, and promote the smooth development of foreign economic and trade relations, this Law is enacted.
Article 2: The State Council shall establish an import and export commodity inspection department (hereinafter referred to as the State Commodity Inspection Department) to supervise the inspection of import and export commodities nationwide. The commodity inspection agencies established by the State Commodity Inspection Department are responsible for inspecting import and export commodities within their jurisdictions.
Article 3: The commodity inspection authorities and the inspection agencies approved by the State Commodity Inspection Department shall conduct inspections on import and export commodities according to law.
Article 4: The inspection of import and export commodities shall be based on principles such as protecting human health and safety, the life and health of animals or plants, the environment, preventing fraud, and safeguarding national security. The State Administration of Commodity Inspection shall formulate and adjust the list of commodities that must be inspected, which will be published and implemented.
Article 5: Import and export commodities listed in the catalog must be inspected by the commodity inspection authorities.
If imported commodities specified in the preceding paragraph have not been inspected, they may not be sold or used; if exported commodities specified in the preceding paragraph have not passed inspection, they may not be exported.
Commodities stipulated in this article that meet the conditions for exemption from inspection as prescribed by the state shall be exempted from inspection upon application by the consignee or consignor and approval by the State Commodity Inspection Department.
Article 6: The mandatory inspections required for import and export commodities refer to conformity assessment activities that determine whether the commodities listed in the catalog meet the mandatory requirements of the national technical specifications.
Conformity assessment procedures include sampling, inspection, testing, evaluation, verification, and qualification assurance, registration, accreditation, and approval, as well as combinations of these items.
Article 7: Import and export commodities listed in the catalog shall be inspected in accordance with the mandatory requirements of the state’s technical specifications. If no such requirements have been formulated, they shall be formulated in a timely manner in accordance with the law. Before they are formulated, they may refer to relevant standards designated by the State Administration of Commodity Inspection.
Article 8: An inspection agency approved by the State Administration of Commodity Inspection may accept the entrustment of a foreign trade party or a foreign inspection agency to handle the import and export commodity inspection and appraisal business.
Article 9: For import and export commodities or inspection items that are inspected by other inspection agencies as stipulated by laws and administrative regulations, they shall be handled in accordance with the provisions of relevant laws and administrative regulations.
Article 10: The State commodity inspection authorities and commodity inspection agencies shall promptly collect and provide relevant parties with information on the inspection of import and export commodities.
The staff of the State Commodity Inspection Department and the commodity inspection agencies shall keep confidential the trade secrets they become aware of while fulfilling their duties of import and export commodity inspection.
**Chapter II: Inspection of Imported Commodities**
Article 11: The consignee or its agent of imported goods that must be inspected by the commodity inspection authorities under this Law shall report to the commodity inspection authorities at the customs declaration office. Customs shall verify the inspection of the goods through the customs clearance issued by the commodity inspection authorities.
Article 12: The consignee or its agent of the imported goods that must be inspected by the commodity inspection authorities under this Law shall, at the place and within the time limit prescribed by the commodity inspection authorities, accept the inspection of the imported commodities by the commodity inspection authorities. The commodity inspection agency shall complete the inspection within the time limit specified by the State commodity inspection department and issue a verification certificate.
Article 13: According to this Law, the consignee of imported goods other than those that must be inspected by the commodity inspection authorities may find that the quality of the imported goods is unqualified or there is a shortage or damage. If the commodity inspection agency needs to issue a certificate, it shall apply to the commodity inspection agency for inspection.
**Chapter III: Inspection of Export Commodities**
Article 15: The consignor or its agent of export commodities that must be inspected by the commodity inspection authorities under this Law shall report to the commodity inspection authorities at the place and within the time limit prescribed by the commodity inspection authorities. The commodity inspection agency shall complete the inspection within the time limit specified by the State commodity inspection department and issue a verification certificate.
For export commodities that must be inspected in accordance with the provisions of this Law, the Customs shall examine and release the goods through the customs clearance certificate issued by the commodity inspection authorities.
Article 16: Export commodities that have been inspected and issued to the inspection verification form by the commodity inspection authorities shall be declared for export within the time limit prescribed by the commodity inspection agency; if the time limit is exceeded, the inspection shall be re-inspected.
**Chapter IV: Supervision and Management**
Article 19: The commodity inspection authorities shall conduct random inspections and inspections on import and export commodities other than those that must be inspected by the commodity inspection authorities in accordance with the provisions of this Law.
The State Administration of Commodity Inspection may publish the results of spot checks or notify the relevant departments of the spot checks.
**Chapter V: Legal Liability**
Article 33: In case of violation of the provisions of this Law, imported goods that must be inspected by the commodity inspection authorities have not been reported to be sold or used without inspection, or export commodities that must be inspected by the commodity inspection authorities have not been reported to be exported without authorization. The commodity inspection agency shall confiscate the illegal income and impose a fine of not less than 5% or more than 20% of the value of the goods; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
**Chapter VI: Supplementary Provisions**
Article 39: The commodity inspection authorities and other inspection agencies shall carry out inspections and handle inspection and appraisal operations in accordance with the provisions of this Law, and shall charge fees in accordance with relevant state regulations.
Article 40: The State Council shall formulate implementation regulations in accordance with this Law.
Article 41: This Law shall come into force on August 1, 1989.
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