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 the inspection process, protect public interest, safeguard the legitimate rights and interests of all parties involved in foreign trade, and promote the smooth development of international 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 set up by the State Commodity Inspection Department are responsible for inspecting import and export commodities within their respective 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 in accordance with the law.
Article 4: The inspection of import and export commodities shall be based on principles such as protecting human health and safety, protecting the life and health of animals or plants, protecting 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 and publish it for implementation.
Article 5: Import and export commodities listed in the catalog must be inspected by the commodity inspection authorities. If the imported commodities specified in the preceding paragraph have not been inspected, they shall not be sold or used; if the export commodities specified in the preceding paragraph have not passed inspection, they shall not be exported.
Article 6: The mandatory inspections of import and export commodities refer to conformity assessment activities to determine whether the commodities listed in the catalog meet the mandatory requirements of national technical specifications.
Conformity assessment procedures include sampling, inspection, evaluation, verification, qualification assurance, registration, accreditation, and approval.
Article 7: Import and export commodities listed in the catalog must be inspected according to the mandatory requirements of the state's technical specifications. If the mandatory requirements have not been established, they should be formulated in a timely manner according to the law. Before they are established, they may refer to relevant standards from foreign countries designated by the State Administration of Commodity Inspection for testing.
Article 8: An inspection agency approved by the State Administration of Commodity Inspection may accept the commission of foreign trade operators or foreign inspection agencies to handle import and export commodity inspection and appraisal business.
Article 9: For import and export commodities or inspection items that are subject to inspection by other agencies under laws and administrative regulations, they shall be handled in accordance with the provisions of the relevant laws and administrative regulations.
Article 10: The State commodity inspection authorities and commodity inspection authorities 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 agency shall keep confidential the trade secrets they are aware of when 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: For imported goods other than those that must be inspected by the commodity inspection authorities, if the consignee finds that the quality of the imported goods is unqualified or there is a shortage or damage, and 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 in 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.
**Chapter IV: Supervision and Management**
Article 19: The commodity inspection authorities shall conduct random inspections and checks 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, if imported goods that must be inspected by the commodity inspection authorities are sold or used without inspection, or if export commodities that must be inspected by the commodity inspection authorities are 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, criminal responsibility shall be investigated 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 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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