Laws of the People's Republic of China

    Article 1  These Regulations are formulated in accordance with the Law of
the People's Republic of China on Import and Export Commodity Inspection
(hereinafter referred to as the Law of Commodity Inspection).

    Article 2  The State Administration for Import and Export Commodity
Inspection of the People's Republic of China (hereinafter referred to as the
State Administration for Commodity Inspection) shall be in charge of the
inspection work of import and export commodities throughout the country.

    Article 3  The import and export commodity inspection bureaux and their
branches (hereinafter referred to as the commodity inspection authorities) set
up by the State Administration for Commodity Inspection in the provinces,
autonomous regions and municipalities directly under the Central Government,
as well as at ports and concentrating and distributing centres of import and
export commodities shall be in charge of the inspection work of import and
export commodities in the regions under their jurisdiction. The commodity
inspection authorities are held responsible for inspection and surveying of
the import and export commodities, administration and supervision over the
quality and inspection work of import and export commodities.

    Article 4  In the light of the need in the development of foreign trade,
the State Administration for Commodity Inspection shall formulate, adjust and
publish a List of Import and Export Commodities Subject to Inspection Enforced
by the Commodities Inspection Authorities (hereinafter referred to as the List
of Commodities) for those commodities which involve social and public
interests.

    Article 5  The statutory inspection on imports and exports by the
commodity inspection authorities or inspection agencies designated by the
State Administration for Commodity Inspection or commodity inspection
authorities covers:  

    (1) inspection of import and export commodities included in the List of
Commodities;

    (2) hygiene inspection on the foods for export;

    (3) testing and inspection on the performance and employment of the
packages and containers for dangerous export goods;

    (4) cargo worthiness inspection on such means of transportation as
vessels' holds and containers for carrying perishable foods and frozen goods
for export;

    (5) inspection of imports and exports to be conducted by the commodity
inspection authorities according to relevant international treaties; and

    (6) inspection of imports and exports to be carried out by the commodity
inspection authorities as stipulated in other laws and administrative
regulations.

    Article 6  Hygiene inspection of imported and exported medicine,
calibration of weighing and measuring instruments, supervision and inspection
on the safety of imported and exported boilers and pressure vessels, survey of
the ships (including offshore platform, main equipments and materials for the
ships) and containers, inspection on airworthiness of aeroplanes (including
the plane's engine and equipment) and safety inspection on nuclear
pressurebearing equipment are to be undertaken by other inspection
organizations according to the provisions of relevant laws and administrative
regulations.

    Article 7  The commodity inspection authorities may conduct random
inspection of and exercise supervision and control over the import and export
commodities other than those subject to statutory inspection.  

    With regard to the import and export commodities other than those subject
to statutory inspection for which the commodity inspection authorities have
issued inspection certificates as provided for in the foreign trade contract
or as applied for by the consignees and consignors of the commodities, the
commodity inspection authorities shall undertake inspection accordingly.

    Article 8  Samples of imports and exports, gifts, non-trade exhibits and
other non-trade articles may be exempted from inspection, unless otherwise
stipulated by the State or specified in the foreign trade contract.  

    Those import and export commodities included in the List of Commodities
having been found consistent in quality through inspection by the commodity
inspection authorities, or having been certified in quality by the relevant
foreign organizations approved by the State Administration for Commodity
Inspection may be exempted from inspection upon application by the consignees,
consignors or manufacturers of the goods and the approval by the State
Administration for Commodity Inspection.

    The specific measures for the exemption of import and export commodities
from inspection shall be formulated by the State Administration for Commodity
Inspection.

    Article 9  The inspection on import and export commodities by the
commodity inspection authorities covers quality, specifications, quantity,
weight, packages, as well as safety and hygiene requirements.

    Article 10  The commodity inspection authorities shall conduct inspection
on import and export commodities according to the following standards:  

    (1) If the compulsory standards or other inspection standards which must
be complied with are specified by laws or administrative regulations, the
inspection shall be performed according to the standards as specified by laws
and administrative regulations;  

    (2) In the absence of the compulsory standards or other inspection
standards which must be complied with as specified by laws or administrative
regulations, the inspection shall be performed according to the standards
agreed upon in the foreign trade contracts; if the trade is conducted against
the sample, the inspection shall be performed simultaneously according to the
sample provided;  

    (3) In case the compulsory standards or other inspection standards which
must be complied with as specified by laws or administrative regulations are
lower than the standards agreed upon in the foreign trade contract, the
inspection shall be conducted according to the standards agreed upon in the
foreign trade contract. If the trade is conducted against the sample, the
inspection shall be performed simultaneously according to the sample provided;
and  

    (4) In the absence of compulsory standards or other inspection standards
which must be complied with as specified by laws or administrative
regulations, and in case inspection standards are either not agreed upon or
agreed upon unclearly in the contract, the inspection shall be conducted
according to the standards of the manufacturing country, or relevant
international standards or the standards designated by the State
Administration for Commodity Inspection.

    Article 11  Based on the need of foreign trade and inspection work, the
State Administration for Commodity Inspection may formulate the sector
standards for the methods in the inspection of import and export commodities.

    Article 12  The inspection personnel of the commodity inspection
authorities are allowed to undertake inspection assignments after they pass
the qualification test and obtain certificates.