By the July 1, 2002 the State Administration of Quality Supervision, Inspection and Quarantine Bureau of the Council considered and approved, is to be announced,

       Since October 1, 2002 shall come into force.

                                                        July 24, 2002

 

Chapter 1 General Provisions

 Article 1 These Measures are formulated in order to ensure the quality of import and export commodities, encourage the import and export of high-quality goods and promote the development of foreign economic and trade, and make the relevant provisions in accordance with the relevant provisions of the Law of the People's Republic of China on Import and Export Commodities Inspection and its implementing regulations.

Article 2 The import and export commodities listed in the Catalog of Import and Export Commodities (other than those provided for in Article 6 of these Measures) that have to be inspected shall be submitted by the consignee, the consignor or its production enterprise (hereinafter referred to as the applicant) The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the State Administration of Quality Supervision, Inspection and approval), may be exempted from inspection (hereinafter referred to as free).

Article 3 The State Administration of Quality Supervision, Inspection and Quarantine shall uniformly administer the inspection and approval of the import and export commodities of the whole country and shall be responsible for the examination, examination and approval and supervision and management of the application for inspection and exemption.

 (Hereinafter referred to as the inspection and quarantine institutions) is responsible for the area under the jurisdiction of the application for inspection and production enterprises in the first instance and supervision and management.

Article 4 The application, examination, approval and supervision and management of the import and export commodities shall be carried out in accordance with the provisions of these Measures.

Chapter II Application for Exemption

 Article 5 The following conditions shall apply to the application for import and export commodities:

 (1) The quality of import and export commodities shall be long-term stable, and shall have good quality reputation in the international market and no quality objection, claim and return caused by the responsibility of the production enterprise. The inspection and quarantine inspection rate shall reach 100 percent for three consecutive years ;

 (2) the applicant to apply for exemption of goods should have their own brand, in the relevant countries or regions in the industry, product quality, product quality in a leading position;

 (3) To apply for the import and export of goods without inspection, the quality management system of the production enterprise shall conform to the ISO9000 quality management system standard or the management system standard corresponding to the characteristics of the application for inspection, and obtain the authority certification body certification;

 (4) In order to meet the needs of the work and ensure the quality of the products, the enterprises that apply for the import and export of goods without inspection shall have certain detection capability;

 (5) The manufacturer of import and export commodities subject to exemption shall meet the requirements of the "Examination and Approval Conditions for Import and Export Commodities" (see Annex 1).

Article 6 The following import and export commodities shall not be accepted:

 (A) food, animal and plant and its products;

 (2) Dangerous goods and dangerous goods packaging;

 (3) goods whose quality fluctuates or is in bulk;

 (4) to issue inspection and quarantine certificate or according to the inspection and quarantine certificate listed in the weight, quantity, quality and other goods denominated in foreign exchange.

Article 7 The applicant shall submit an application for inspection in accordance with the following provisions:

 (1) If the applicant applies for the inspection of imported goods, the applicant shall submit to the AQSIQ. If the applicant applies for export inspection, the applicant shall submit the application to the State Administration of Quality Supervision, Inspection and Quarantine before submitting it to the local inspection and quarantine office, and then submit the formal application to the AQSIQ in accordance with the relevant provisions of the present Measures.

 (2) The applicant shall fill in and submit to the State Administration of Quality Supervision, Inspection and Quarantine of the Import and Export Commodity Exemption Application in duplicate (see Annex 2), and submit the application for inspection and exemption of import and export commodity production enterprise ISO9000 quality management system or apply for inspection of goods corresponding to the characteristics The management system certification, quality management system documents, quality standards, inspection and quarantine agencies issued by the pass rate and the first instance report, user comments and other documents.

Article 8 The AQSIQ shall examine the documents submitted by the applicant and make the following written reply within one month:

 (1) If the documents submitted by the applicant are in conformity with the provisions of these Measures, they shall be accepted; if they do not conform to the provisions of these Measures, they shall not be accepted and the applicant shall be notified in writing.

 (2) If the documents submitted are not complete, the applicant shall be notified of the time limit, and the application shall be deemed to be revoked.

Chapter III Exemption from examination

 Article 9 After receiving the application, the State Administration of Quality Supervision, Inspection and Quarantine shall form an auditing group (hereinafter referred to as the examination team), and shall complete the examination and examination within 3 months.

 The review team shall consist of the personnel of the inspection and quarantine institution where the applicant is located, and the team leader shall be responsible for organizing the examination. The reviewer should be familiar with the inspection techniques and management of the application for inspection of goods.

Article 10 Where the applicant considers that the members of the examination team are interested in the work of the examination and approval work undertaken and may affect the fair assessment, the applicant may apply for the avoidance of the member. Whether the members of the review team to avoid, determined by the State Administration of Quality Supervision.

Article 11 The review team shall work in accordance with the following procedure:

 (1) to examine the application form and the relevant materials submitted by the applicant;

 (2) to examine the preliminary examination and examination report of the inspection and quarantine institution and the examination report;

 (Iii) study and formulate specific inspection-free programs and announce the review program to the applicant;

 (4) to inspect and test the goods for which the application is exempted and to submit a test report;

 (5) to carry out the assessment of the production enterprises in accordance with the inspection-free program and the "examination and approval conditions for inspection of import and export commodities".

 (6) According to the situation of on-site assessment, submit the report to the AQSIQ for examination and approval, and make clear the opinions of the inspection, and fill in the "Inspection Report on Import and Export Commodities" (see Annex 3).

Article 12 The AQSIQ shall, in accordance with the examination report submitted by the examination team, process the application for exemption from the applicant:

 In accordance with the provisions of these Measures, the State Administration of Quality Supervision, Inspection and approval of their goods without inspection, and to the applicant for the exemption of "import and export commodity inspection certificate" (hereinafter referred to as free inspection certificate).

If the provisions of this Measures are not met, the AQSIQ shall not approve the inspection of its goods and notify the applicant in writing.

Article 13 An applicant who has not been granted permission to import or export commodities shall, once one year after the date of receipt of the written notice, file an application for inspection again with the inspection and quarantine institution.

Article 14 The examination team shall keep the applicant's production technology, production process, test results and confidentiality of the examination results.

Article 15 Where an inspection and quarantine certificate is required for import and export commodities that have been exempted from inspection, the inspection and quarantine institution shall carry out inspection and quarantine of the batch of import and export commodities.

Chapter IV Supervision and Management

 Article XVII Exemption certificate is valid for 3 years. If the enterprise expires, the enterprise shall, within 3 months before the expiration of the validity period, submit to the AQSIQ an application for renewal of inspection and approval, and shall be re-issued by the AQSIQ.

 The review procedures shall be handled in accordance with the provisions of Chapter III of these Measures.

Article XVII inspection enterprises shall not change the scope of inspection-free goods, if any change, it should re-apply for inspection procedures.

Article 18 When the import and export of goods is exempted, the inspection and quarantine enterprises shall go through the formalities of the inspection and quarantine institution with the valid inspection and approval certificate, the foreign trade contract, the letter of credit, the quality certificate of the commodity and the packing certificate.

Article 19 The inspection and quarantine enterprises shall submit to the inspection and quarantine organ a report on the import and export of goods for inspection in the previous year before the end of January each year. The contents include the import and export situation, the quality situation and the quality management of the previous year.

Article 20 The inspection and quarantine institution shall be responsible for the day-to-day supervision and administration of the import and export of inspection-free goods in the area under its jurisdiction.

Article 21 Where the inspection and quarantine institution finds that the quality management work of the inspection enterprise or the product quality does not meet the requirements of inspection, it shall be ordered to rectify the deadline for rectification and rectification, and the rectification period is 3 to 6 months.

 In the rectification period, the import and export commodities are suspended for inspection.

Article 22 After failing to complete the rectification within the rectification period, the enterprise shall submit the rectification report to the directly under the inspection and quarantine bureau, and the inspection and approval of the AQSIQ shall be resumed.

Article 23 Under the supervision and management work, it is found that one of the following circumstances shall be determined by the State Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China.

 (1) failing to comply with the provisions of Article 5 of these Measures;

 (2) failing to meet the requirements after rectification;

 (3) fraudulent or counterfeiting the import and export of goods without inspection;

 (4) other violations of inspection and quarantine laws and regulations.

Article 24 An enterprise that has been canceled and exempted from inspection shall no longer enjoy the inspection and exemption of import and export commodities from the date of receipt of the notice of cancellation of the decision on exemption, and may reapply for inspection after 3 years.

Chapter V Supplementary Provisions

 Article 25 The inspection and quarantine institution shall not charge inspection fees for the import and export inspection of goods within the period of inspection.

 Inspection and quarantine certificates, visas and supervision and spot checks shall be issued by the inspection and quarantine institutions and shall be charged in accordance with the provisions.

Article 26 Where an applicant and a non - inspection enterprise violate the present Measures and have fraudulently or deceived the deceitful act, they shall be punished in accordance with the relevant laws and regulations.

Article 27 Where an inspection and quarantine staff member violates the provisions of these Measures during the examination, examination, approval or daily work, the abuse of power, neglect of duty or favoritism shall be dealt with according to the provisions of the relevant laws and regulations.

Article 28 The State Administration of Quality Supervision, Inspection and Technology shall be responsible for the interpretation of these Measures.

Article 29 These Measures shall enter into force as of October 1, 2002. The original State Commodity Inspection Bureau on September 6, 1991 announced the "inspection-free commodity production enterprises assessment conditions (Trial)" and August 1, 1994 announced the "import and export commodities inspection method" at the same time abolished.