Laws of the People's Republic of China

the State Administration of Quality Supervision, Inspection and Quarantine

Decree of the State Administration of Quality Supervision, Inspection and Quarantine

No. 71

Measures of the Supervision and Administration of the Inspection and Quarantine in Bonded Zones, which were adopted through the discussion at the ministerial meeting of the State Administration of Quality Supervision, Inspection and Quarantine on December 24, 2004, are hereby promulgated, and shall come into force since March 1st, 2005.

Director General of the State Administration of Quality Supervision, Inspection and Quarantine, Li Changjiang

January 12, 2005

Measures of the Supervision and Administration of the Inspection and Quarantine in Bonded Zones

Chapter I General Provisions

Article 1

For the purpose of strengthening and regulating the work of the supervision and administration of the inspection and quarantine in the bonded zones, and promoting the rapid and healthy development of the state economy and trade, the present Measures are formulated in accordance with the Law of the People's Republic of China on the Inspection of Import and Export Commodities and its regulations for the implementation, the Law of the People's Republic of China on the Quarantine of Animals and Plants Entering and Exiting the Territory and its regulations for the implementation, the Law of the People's Republic of China on Frontier Health Quarantine and its detailed rules for the implementation, and the Law of the People's Republic of China on Food Hygiene and other relevant laws and regulations.

Article 2

The present Measures shall be applicable to the administration work of the inspection, quarantine and supervision of goods, as well as their packing materials, cushioning materials, facilities of transportation, and containers (hereinafter referred to goods subject to inspection and quarantine), entering and exiting the bonded zones that shall be subject to inspection and quarantine as prescribed by laws and regulations.

Article 3

The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) shall uniformly administer the work of the supervision and administration of the inspection and quarantine in the bonded zones nationally. The entry and exit inspection and quarantine organs (hereinafter referred to as inspection and quarantine organs) established by the AQSIQ in the bonded zones shall implement inspection, quarantine, supervision and administration on the goods subject to inspection and quarantine that enter or exit the bonded zones.

Article 4

In case it is necessary to handle the examination and approval procedures for the inspection and quarantine on the goods subject to inspection and quarantine that enter or exit the bonded zones, the examination and approval procedures shall be handled in accordance with the provisions of laws and regulations on inspection and quarantine.

Article 5

When any goods subject to inspection and quarantine that enters or exits a bonded zone, the consigner and consignee (the cargo owner) or their agents shall go through the procedures for the inspection declaration with the inspection and quarantine organ in accordance with the relevant provisions of the AQSIQ, and the inspection and quarantine organ shall implement inspection and quarantine according to the relevant state laws, regulations and rules and the provisions of the AQSIQ, and the customs house shall release the goods on the basis of the certificate of customs clearance of goods issued by the inspection and quarantine organ.

Article 6

The inspection and quarantine organ shall strengthen cooperation and coordination with the customs, and implement inspection and quarantine on the goods subject to inspection and quarantine that enter or exit the bonded zones in accordance with the facile and effective principle.

Chapter II Inspection and Quarantine on the Goods Subject to Inspection and Quarantine Imported to Bonded Zones

Article 7

In case the goods subject to inspection and quarantine that enter into the bonded zones from abroad fall within the scope of health quarantine, the inspection and quarantine organ shall implement health quarantine on them; for those that shall be subject to sanitary treatment, the inspection and quarantine organ shall carry out sanitary treatment on them.

Article 8

In case the goods subject to inspection and quarantine that enter into the bonded zones from abroad fall within the scope of animals and plants quarantine, the inspection and quarantine organ shall implement animals and plants quarantine on them; for those subject to anti-pest treatment of animals and plants quarantine, the anti-pest treatment shall be conducted in accordance with the law under the supervision of the inspection and quarantine organ.

Article 9

The inspection and quarantine organ shall implement inspection, supervision and administration on the solid waste, old mechanical and electrical products, whole set of equipment that enter into the bonded zones from abroad and may be used as materials, and evaluate the value of the foreign investment assets according to the relevant provisions, and shall not conduct inspection on those goods whose customs clearance formalities have not been handled.

Article 10

The compulsory product certification shall be exempted on the warehousing and logistic goods that enter into the bonded zones from abroad by the enterprises in the bonded zones and the self-use office supplies, raw materials needed for export processing, and components and parts.

Article 11

If there is no need to go through customs clearance procedures for the goods subject to inspection and quarantine that enter into the bonded zones from non-bonded zones within the territory of the People's Republic of China (excluding the Hong Kong and Macao regions, hereinafter referred to as the non-bonded zones), the inspection and quarantine organ shall not implement inspection and quarantine on them; if it is necessary to go through customs clearance procedures, the inspection and quarantine organ shall implement inspection and quarantine on the goods subject to inspection and quarantine according to the provisions.

Chapter III Inspection and Quarantine on the Goods Subject to Inspection and Quarantine Exported from Bonded Zones

Article 12

In the case of the goods subject to inspection and quarantine that are exported abroad from the bonded zones, the inspection and quarantine organ shall implement inspection and quarantine on them according to the law..

Article 13

In the case of the goods subject to inspection and quarantine that are exported to non-bonded zones from bonded zones, unless there are other provisions set forth by any law or regulation, no quarantine may be conducted on.

Article 14

In case the goods subject to inspection and quarantine that are exported from bonded zones to non-bonded zones fall within the scope of food hygiene supervision and inspection and commodity inspection, the inspection and quarantine organ shall conduct inspection on them.. Goods that enter into the territory in a single batch but leave the zones by several batches may be declared for inspection by batches, and be inspected batch by batch; in the case of those that are in accordance with relevant conditions, they may be declared for inspection as a single batch when entering into the territory, and be inspected as a single batch, and for those inspected qualified, they may be written off by batches when passing the bonded zones.

Article 15

According to the provisions of Article 9 of the present Measures, the goods from a bonded zone which have been inspected when entering into the territory are not subject to inspection when they are exported to non-bonded zones.

According to the provisions of Article 11 of the present Measures, the goods which enter into a bonded zone from a non-bonded zone and then are exported to non-bonded zones are not subject to inspection.

Article 16

In case the goods subject to inspection and quarantine that are exported to non-bonded zones from the bonded zones, are listed on the catalogue for compulsory product certification, the corresponding certification certificate shall be provided, and the mark of compulsory product certification shall be posted on the products.

Article 17

For the foods and cosmetic products to be packed that are transported from a bonded zone to a non-bonded zone, the formalities shall be handled with the inspection and quarantine organ for examination and approval of labels.

Article 18

In case the goods exit the territory directly without being processed after entering the bonded zones from the non-bonded zones, the inspection and quarantine organ in the bonded zones shall change the certificate and release them on the basis of the conformity certificate of inspection and quarantine that are issued by the inspection and quarantine organ in the bonded zones, and no inspection and quarantine is required. If they have exceeded the period of validity for inspection and quarantine, or have changed the country or region of import and have different requirements for inspection and quarantine, or have changed their packages or have been reassembled, or have revoked their inspection declaration, an inspection declaration shall be made again as provisions require.

Article 19

In case any enterprise in the bonded zones that processes any product exiting the territory, complies with the relevant provisions, it may apply to the inspection and quarantine organ for issuing a GSP certificate of place of origin or a general certificate of place of origin, a certificate of place of origin of regional preference, or a special certificate of place of origin, etc..

Chapter IV Inspection and Quarantine of the Goods Subject to Inspection and Quarantine Re-exported through Bonded Zones

Article 20

In case the animals and plants, products from animals and plants and other goods subject to quarantine enter into the territory and are declared for inspection, the official quarantine certificate issued by exporting country or local government shall be provided ; for animals re-exported, the Permit for Animals Passing through the Territory of China issued by the AQSIQ and the certificate allowing them to enter into the territory issued by the exporting country or local government shall be provided at the same time; for the re-exported genetically modified products, the Permit for Transfer of Genetically Modified Products Passing through the Territory of China issued by the AQSIQ shall be provided at the same time.

Article 21

In case the goods subject to inspection and quarantine which are re-exported through bonded zones are stored temporarily in the bonded zones, re-exported out of the territory with the original packing and in apparently good packing and airtight status without damage or leakage, only the quarantine on the outer packing may be conducted when they enter into the territory, and the disposal of epidemic prevention and disinfection may be conducted if necessary.

Article 22

In case the goods subject to inspection and quarantine which are re-exported through the bonded zones are re-exported out of the territory due to such reasons as bad packing or classification, selection, brushing or posting labels, or changing the packing forms and other simple process in the bonded zones, the inspection and quarantine organ shall implement health quarantine, quarantine of animals and plants and food hygiene inspection on them.

Article 23

In case the goods subject to inspection and quarantine are re-exported out of the territory, in general, no quarantine or quarantine is required unless there are otherwise different provisions in any law or regulation or the local government of the importing country or region requires the presentation of the quarantine certificate or quarantine disposal certificate issued by the inspection and quarantine organ of our country when the goods enter into their territories.

Chapter V Supervision and Administration

Article 24

The import and export processing enterprises, international trade enterprises, international logistic enterprises and import and export commodity exhibition enterprises established within the bonded zones shall apply for archival filing to the inspection and quarantine organ.

Article 25

The enterprises engaging in the processing and storing of products from animals and plants entering into and exiting the territory within the bonded zones shall accord with the relevant provisions on inspection and quarantine.

Article 26

Enterprises engaging in the processing and storing of foods exiting the territory within the bonded zones shall handle health registration of enterprises producing the export food, in case there are additional requirements by the importing country or region, the requirements of the importing country or region shall also be met; the enterprises engaging in the processing and storing of foods entering into the territory shall accept the supervision and administration by the inspection and quarantine organ according to the general health specifications of the food enterprises.

Article 27

The relevant requirements of inspection and quarantine shall be met for the establishment of an inspection and quarantine place or a place for quarantine fumigation treatment and disinfection treatment in a bonded zone.

Article 28

An inspection and quarantine organ shall conduct monitoring on the epidemic situation in the bonded zones in accordance with the relevant provisions of laws and regulations, and conduct supervision over the quarantine of animals and plants that enter into and exit from the bonded zones, and over the process for the production, processing, deposit and transfer of their products.

Article 29

The inspection and quarantine shall be exempted in the case of the sale and transfer of import and export goods subject to inspection and quarantine among the enterprises within the bonded zones.

Article 30

In case the examination and approval for the quarantine of animals and plants and their products entering and exiting the territory has been completed, and there is necessity to change the items subject to examination and approval, the related parties shall file an application for the approval of the alteration of quarantine examination.

Chapter VI Supplementary Provisions

Article 31

The inspection, quarantine, supervision and administration of such areas as the bonded warehouses and bonded logistic parks, etc. shall be applied with reference to the present Measures.

Article 32

In the case of the acts in violation of the provisions of the present Measures, the inspection and quarantine organ shall give an administrative punishment according to the relevant laws and regulations.

Article 33

The power to interpret the present Measures shall be vested in the AQSIQ.

Article 34

The present Measures shall come into force since March 1st, 2005. The Measures for the Administration of Quarantine of Animals and Plants in Bonded Zones, which were promulgated by the former Bureau of Inspection of Animals and Plants of the People's Republic of China on April 10, 1998 shall be abolished simultaneously.