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进出口商品免验办法(试行) PROVISIONS FOR THE EXEMPTION OF IMPORT AND EXPORT COMMODITIES FROM INSPECTION (FOR TRIAL IMPLEMENTATION)

2006-05-18 00:19   我要纠错 | 打印 | 收藏 | | |

(Promulgated on January 11, 1990)
颁布日期:19900111  实施日期:19900401  失效日期:941001

  These Provisions are formulated in accordance with the stipulations of Article 5 of the Law of the People's Republic of China on Inspection of Import and Export Commodities.

  Article 2 An import or export commodity included in the List of Import and Export Goods Subject to the Control of Commodity Inspection Agencies or required by other laws or administrative decrees to be inspected by these agencies may be exempted from inspection, if an application is filed by the consignee or consigner (hereinafter referred to as the applicant for short) and approved by the State commodity inspection authorities.

  Article 3 The applicant may ask for exemption in any of the following cases:

  (1) If the commodity has won an international quality award no more than 3 years prior to the application;

  (2) If the quality of the commodity has been stable for a long time, as confirmed by a competent international organization recognized by the State commodity inspection authorities and proved by a commodity inspection agency through inspection;

  (3) For an export commodity, if for 3 years running its quality has been found to be indisputably 100 percent up-to- standard ex-factory and during inspection by a commodity inspection agency; and

  (4) For an import commodity, if for 3 years running its quality has been proved 100 percent up-to-standard through inspection by a commodity inspection agency and the user and has won favorable comments from user sand consumers.

  Article 4 For the import or export of non-trade article within certain quantitative limits, the applicant may apply directly to the State commodity inspection authorities for an exemption certificate on the strength of the approval documents, certificates and relevant papers issued by the competent department of a provincial, autonomous regional or municipal people's government or of the State Council, and perform the formalities for clearance with a commodity inspection agency in accordance with the relevant articles of these Provisions.

  Exhibits, gifts and samples to be imported or exported may be exempted from inspection with the approval of the local commodity inspection agency which shall then perform the formalities for clearance on the strength of the relevant certificates presented by the applicant.

  Article 5 Commodities which can endanger safety or public health and those for which there are special requirements are not eligible for exemption from inspection.

  Article 6 The applicant asking for exemption from inspection of import or export commodities shall file a written application with the state commodity inspection authorities, fill an application form, and Produce the relevant documents (including certificates of awards, letters of confirmation, certificates of qualification rates, users' feedback, production technology, quality standards for internal control, testing methods, and other data and documents bearing on the ultimate quality of the products)。

  The applicant for inspection of export goods exemption shall also present the comments made after preliminary examination by the commodity inspection agencies of the places where the applicant is located and where the goods are produced.

  Article 7 The State commodity inspection authorities shall organize a team of specialists to check up on the commodities for which exemption from inspection has been requested, the production conditions of the manufacturers and the relevant data, and to conduct sample tests of the said commodities.

  Article 8 On the basis of examination and testing, the specialists' team shall produce a written examination report and, after approval by the State commodity inspection authorities, issue an exemption certificate to the applicant, which shall be published.

  The valid period of an exemption certificate shall be determined by the approving agency and generally shall not exceed 2 years.

  Article 9 The applicant that has obtained approval for exemption from inspection of import or export commodities shall perform the formalities for clearance with a commodity inspection agency by presenting effective exemption certificates, contracts, letters of credit, quality certificates issued after factory inspection of that consignment of commodities, and the original inspection records, and pay the clearance fees. For commodities exempted from inspection that need inspection certificates, the commodity inspection agencies may issue such certificates on the strength of the applicant's inspection results.

  Article 10 The applicant-as well as the import and export commodities Exempted from inspection-shall be subject to the supervision and control of commodity inspection agencies and the State commodity inspection authorities. Commodity inspection agencies may conduct sample inspection of the exempted goods and, if quality problems are found with these goods, shall refuse to carry out the clearance procedures and promptly report the matter to the State commodity inspection authorities and, if necessary, propose to the said authorities that the goods be disqualified from inspection exemption.

  Article 11 After receiving such reports from commodity inspection agencies or complaints from domestic or overseas users, the State commodity inspection authorities shall promptly organize a team of specialists to conduct sample examination of the exempted goods, disqualify those goods for exemption from inspection that do not conform to the prescribed conditions, and make public the decision.

  Article 12 The applicant that has obtained approval for exemption from inspection of export goods shall send semi- annual reports on the production and the quality of the exempted goods to the State commodity inspection authorities and submit copies of the reports to commodity inspection agencies in the places where the applicant and the producers are located.

  Article 13 During the exemption period, the applicant may not alter the property, structure or manufacturing process of the goods exempted from inspection. If alterations are made, the applicant must go anew through the examination and approval formalities for exemption from inspection.

  Article 14 No more than four months prior to the expiration of the exemption period, the applicant may apply for continued exemption, which may be granted for a certain period after re-examination and approval by the State commodity inspection authorities.

  Article 15 An applicant that has obtained approval for exemption from inspection of disqualified goods by fraudulent means or by concealing the facts to deceive the State commodity inspection authorities and agencies shall be penalized in accordance with the stipulations of the Law of the People's Republic of China on Inspection of Import and Export Commodities and other pertinent laws and decrees.

  Article 16 Those who forge, sell or buy exemption certificates or use the exemption certificates of others shall be penalized in accordance with the stipulations of the Law of the People's Republic of China on Inspection of Import and Export Commodities and other pertinent laws and decrees.

  Article 17 Surveyors who abuse their power, neglect their duty, practice favoritism for selfish interests, or forge inspection results in examining or approving application or in conducting routine sample check-ups on the goods exempted from inspection shall be disciplined or punished according to law on the merits of each case.

  Article 18 The applicant shall pay the prescribed fees for exemption from inspection.

  Article 19 When the State commodity inspection authorities and agencies examine, check or conduct sample inspection in enterprises producing goods for which exemption from inspection has been sought, the applicant shall help to facilitate their work.

  Article 20 These Provisions shall go into effect on April 1, 1990.

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