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REGULATIONS
FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF
CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION
(Approved
by the State Council on October 7, 1992 and promulgated by Decree
No. 5 of the State Administration for Import and Export Commodity
Inspection on October 23, 1992)
Chapter
I General
Provisions
Chapter
II Inspection
of Import Commodities
Chapter
III Inspection
of Export Commodities
Chapter
IV Survey
of Import and Export Commodities
Chapter
V Supervision
and Control
Chapter
VI Legal
Responsibility
Chapter
VII Supplementary
Provisions
Chapter
I General
Provisions
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 centers of import and export commodities
shall been change of the inspelction 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 pressure-bearing 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 agreedupon in the foreign trade contract, the inspection
shall be conducted according to the standards agreedupon 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.
While
performing their duties according to law, the inspection personnel
shall be free from any illegal interference or obstruction.
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Chapter
II Inspection
of Import Commodities
Article
13 For import commodities subject to statutory inspection,
the consignees must make registration for the import commodities
with the commodity inspection authorities located at the port
of discharge or the station of arrival, which shall affix a stamp
indicating "registration accepted" on the Customs declarations.
The commodities shall be checked and released by the customs against
that stamp on the customs declaration.
Article
14 For the import commodities of which the inspection sites
are agreed upon in the foreign trade contracts or shipping contracts,
the inspection shall be conducted at the said sites; in the absence
of such agreement, the inspection shall be conducted at the port
of discharge or the station of arrival or at the sites designated
by the commodity inspection authorities.
For
large-volumed commodities in bulk and perishable goods or for
those commodities found damaged or deficient in quantity or weight
during discharge, the inspection must be performed at the port
of discharge or the station of arrival.
For
the complete sets of equipment, machinery, electrical equipment
and meters and instruments of which inspection must go along with
their installations and trial performance and for the commodities
which are difficult to be repacked after opening up for inspection,
the inspection may be conducted at the sites of the consignees.
Article
15 For the import commodities subject to statutory inspection,
the consignees, having made the registration, must apply to the
commodity inspection authorities for inspection by presenting
the contracts, invoices, packing lists, bills of lading and other
necessary documents at the inspection sites designated within
the specified time limits and the commodity inspection authorities
shall conduct the inspection or organize the conduct of the inspection.
Those commodities that have not undergone application and inspection
are not permitted to be marketed or otherwise put to use.
For
the import commodities other than those subject to statutory inspection
which, however, shall be inspected by the commodity inspection
authorities as agreed upon in the foreign trade contract, the
procedures for application and inspection shall be followed as
stipulated in the preceding paragraph.
Article
16 For the import commodities which already have been applied
for inspection, the commodity inspection authorities shall complete
the inspection within the time limit of claim. For those found
up to standard, notices shall be issued about the results of inspection;
for those found substandard or for those subject to inspection
results by the commodities inspection authorities according to
the agreement in the foreign trade contract, the inspection certificates
should be issued respectively.
Article
17 The import commodities that are found not in compliance
with the compulsory standards as stipulated by laws and administrative
regulations or other inspection standards that must be complied
with by the commodity inspection authorities shall undergo technical
treatment under the supervision of the commodity inspection authorities;
only those proved up to standard through re-inspection are permitted
to be marketed or put to use. As for those which cannot undergo
technical treatment or those found still not up to standard through
re-inspection even after technical treatment, the commodity inspection
authorities shall order the consignees to return or destroy the
commodities.
Article
18 For complete sets of equipment and accessories found not
up to standard through inspection, the commodity inspection authorities
shall issue notices indicating "installation and use not allowed."
Those found up to standard through re-inspection by the commodity
inspection authorities after technical treatment may be installed
and used.
Article
19 Upon the arrival of import mobile vehicles, the consignees
shall procure license-plates from the traffic control office on
the strength of the inspection certificate for import vehicles
issued by the commodity inspection authorities, and report to
the commodity inspection authorities the vehicle's condition 30
days prior to the expiration of the validity date of quality warranty
for record.
Article
20 As to the import commodities subject to neither statutory
inspection nor to that by commodity inspection authorities as
agreed upon in the foreign trade contracts, the consignees shall
receive the commodities through their own inspection in a way
as stipulated in the contract. The commodity inspection authorities
may supervise and urge the inspection-receiving of the consignees
and conduct random and check-up inspection. In case the commodities
are found substandard through inspection, for which a claim is
to be lodged on the strength of the inspection certificate, the
consignees shall apply in time to the commodity inspection authority
at the locality for inspection and certification.
Article
21 For the import commodities found substandard through inspection
or random and check-up inspection by the commodity inspection
authorities with a claim already lodged with the foreign party
for compensation, a sufficient quantity of the goods or samples
shall be retained by the consignees provided that the commodities
are not to be replaced or returned; while the commodities intended
for replacement by or return to the foreign party must be well
kept and may not be used until the settlement of the compensation
case.
Article
22 If the import commodities are found damaged or short in
quantity or weight during discharge at the port for which a claim
for compensation is to be lodged, the consignees shall apply in
time to the commodity inspection authority at the port for inspection
and certification. The unloading unit shall discharge and store
damaged goods separately.
Article
23 For those important import commodities and large sized
complete sets of equipment involving the interests of the State
and the people, or of fairly high value and technical sophistication,
the consignees shall stipulate in the foreign trade contracts
the clause to conduct initial inspection and supervise the manufacturing
or loading in the exporting countries before shipment; and shall
reserve the right of final inspection after the arrival of goods
and the right for lodging a claim in the contract, and shall carry
out the initial inspection and supervision over the manufacturing
or loading as agreed upon in the contracts.
The
competent departments of the consignees shall strengthen the supervision
over the initial inspection, supervision of manufacturing or loading
of imported commodities before shipment. The commodity inspection
authorities, when necessary, may dispatch inspection personnel
to take part in, or may organize the conduct of, the initial inspection
and supervision over the manufacturing or loading before shipment.
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Chapter
III Inspection
of Export Commodities
Article
24 For export commodities subject to statutory inspection,
the consignors shall apply to the commodity inspection authorities
for inspection by presenting the contract and other relevant documents
at the site and within the time limit specified by the commodity
inspection authorities. The commodity inspection authorities shall
conduct inspection or organize the conduct of the inspection.
For export commodities that are not subject to statutory inspection,
but subject to inspection by the commodity inspection authorities
as agreed upon in the foreign trade contract, the procedures for
application and inspection shall be followed as stipulated in
the preceding paragraph.
Article
25 For the export commodities already applied for inspection,
the commodity inspection authorities shall complete the inspection
within the time limit of not delaying the shipment. For those
found up to standard through inspection, the commodity inspection
authorities shall issue inspection certificates or releasing notices
or shall affix stamps for releasing on the Customs declaration
as specified.
With
regard to the export commodities to be inspected at the production
site while requiring a change of certification at the outbound
port for export, the commodity inspection authority at the production
site shall issue a certificate for the change of inspection certification
as specified. The consignor shall apply to the commodity inspection
authority at the port for check-up by presenting the said certificate
and relevant documents within the specified time limit. For those
up to standard through inspection, the commodity inspection authority
at the port shall issue its inspection certificates instead and
the releasing notice or affix a releasing stamp on the Customs
declaration.
Article
26 For export commodities other than those subject to statutory
inspection, the commodity inspection authorities may carry out
random inspection at regular or irregular intervals on the basis
of the inspection by manufacturers and trade units.
Article
27 For the export commodities found up to standard through
inspection by the commodity inspection authorities, the consignors
shall apply for outbound shipping within 60 days from the date
of issuance of the inspection certificates or releasing notices;
for outbound fresh and live export goods, the consignors shall
apply for shipping within the specified time limit. Any deferment
in export requires the consignors to apply to the commodity inspection
authorities for re-inspection.
Article
28 Enterprises manufacturing packing containers for dangerous
goods for export must apply to the commodity inspection authorities
for performance testing of the packing containers. Only those
packing containers meeting the requirements through testing by
the commodity inspection authorities with performance testing
certificates procured shall be permitted for carrying dangerous
goods.
Enterprises
producting dangerous goods for export must apply to the commodity
inspection authorities for employment testing of the packing containers.
Only those packing containers for dangerous goods meeting the
requirements through testing by the commodity inspection authorities
with employment testing certificates procured shall be permitted
to be employed for carrying dangerous goods for export.
Article
29 For such means of transportation as vessels' holds and
containers for carrying perishable foods and frozen goods for
export, the carriers and stuffing units or their agents must,
before shipment, apply to the commodity inspection authorities
for inspection on fitness for carrying the goods in respect to
conditions like cleanliness, hygiene, freezing efficiency, and
sealing and tightness. Only those found up to the requirements
with certificates procured shall be allowed for shipment.
Article
30 Export commodities subject to statutory inspection shall
be released by the Customs against the certificates, notices or
the releasing stamps affixed on the Customs declarations as prescribed
in Articles 25, 28, and 29 of these Regulations.
Article
31 No commodities for export that are found substandard through
inspection, check-up at the port or random inspection by the commodity
inspection authorities shall be permitted for export.
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Chapter
IV Survey
of Import and Export Commodities
Article
32 The commodity inspection authorities, and the inspection
agencies designated by the State Administration for commodity
Inspection or by the commodity inspection authorities and other
inspection agencies approved by the State Administration for Commodity
Inspection may accept the entrustment of the foreign trade interested
parties, relevant units at home and abroad or foreign inspection
agencies for surveying services of import and export commodities
within the specified scope and may issue certificates of survey.
Article
33 The surveying services of import and export commodities
include:
(1)
Quality inspection, quantity and weight survey, packaging survey
and evaluation of weight tonnage of import and export commodities;
(2)
Supervision over loading and unloading of import and export commodities;
(3)
Stowage survey, damage survey, cargo damage survey, and average
survey of import and export commodities;
(4)
Survey of the cargo worthiness of transportation as vessels, wagons,
vehicles, aeroplanes and containers for the shipping of export
commodities;
(5)
Sealing of the vessels' holds or tanks, hatch survey and ullage
measurement for the shipping of import and export commodities;
(6)
Survey of containers and containerized goods;
(7)
Estimation and determination of the value, classifications, quality,
quantity and loss of the assets invested by the foreign business
bodies relevant to import and export commodities;
(8)
Drawing and sealing of various kinds of samples;
(9)
Issuance of certificates of value and other surveying and inspection
certificates; and
(10)
Other surveying services for import and export commodities.
Article
34 Upon the application of foreign trade interested parties,
the commodity inspection authorities may undertake issuance of
certificates of origin in connection with the General System of
Preferences (G.S.P) and general certificates of origin according
to relevant laws and administrative regulations.
Article
35 When foreign trade interested parties intend to apply to
the commodity inspection authorities for survey services, they
shall provide contracts, letters of credit and other relevant
documents.
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Chapter
V Supervision
and Control
Article
36 The State Administration for Commodity Inspection and commodity
inspection authorities shall exercise supervision and control
over the inspection work conducted by the inspection agencies
and personnel designated or accredited by the consignees, consignors,
manufacturers, trading units, storage and transportunits of the
import and export commodities, the State Administration for Commodity
Inspection and commodity inspection authorities.
Article
37 The State Administration for Commodity Inspection shall,
in the light of the need, conclude quality certification agreements
on import and export commodities with relevant foreign bodies.
The commodity inspection authorities shall conduct quality certification
for import and export commodities according to the relevant agreements
or upon entrustment by relevant foreign bodies. For those import
and export commodities and their manufacturers found qualified
through certification, due certificates shall be issued, and the
use of quality certification marks for import and export commodities
shall be allowed. The specific measures shall be formulated by
the State Administration for Commodity Inspection.
Article
38 In the light of the need, the State shall implement an
import safety license and export quality license system for important
import and export commodities involving safety and hygiene and
their manufacturers. The specific measures shall be formulated
by the State Administration for Commodity Inspection in conjunction
with the relevant competent departments under the State Council.
No import commodities subject to the import safety license system
shall be allowed for import unless they have been granted an import
safety license by the State Administration for Commodity Inspection,
No
export commodities subject to the export quality license system
shall be allowed for export unless they have been granted an export
quality license by the State Administration for Commodity Inspection
or granted jointly by the State Administration for Commodity Inspection
and the relevant departments under the State Council.
Article
39 The State shall implement a hygiene registration system
for the foods for export and their manufacturers (including processing
plant, slaughter-houses, storehouses and cold storage, similarly
hereinafter). The specific measures shall be formulated by the
State Administration for Commodity Inspection in conjunction with
the relevant competent departments under the State Council. Manufacturers
of foods for export which are subject to a hygiene registration
system shall apply to the commodity inspection authorities for
hygiene registration; they shall not be allowed to produce, process
or store foods for export unless they have obtained the approval
from the State Administration for Commodity Inspection.
Manufacturers
of foods for export which need overseas registration shall apply
to the State Administration for Commodity Inspection for unified
handling of the matter after they have gone through registration
as stipulated in the preceding paragraph.
Article
40 Upon the application of manufacturers of goods for export
or at the request of foreign parties, the commodity inspection
authorities shall assess their quality assurance system. The specific
measures shall be formulated by the State Administration for Commodity
Inspection.
Article
41 In case the manufacturers of import and export commodities
which have been approved to use certification marks or granted
the import safety license, export quality license or certificates
of hygiene registration are found not up to the specified requirements
through re-examination, the commodity inspection authorities shall
instruct them to make improvements within the specified time limit.
If they still fail to meet the specified requirements beyond the
time limit, their qualification for using the certification marks
shall be canceled or their import safety license, export quality
license or certificates of hygiene registration shall be rescinded
subject to the approval by the State Administration for Commodity
Inspection.
Article
42 In the light of the need of inspection work, the commodity
inspection authorities may dispatch inspectors to the manufacturers
of export commodities subject to statutory inspection to undertake
supervision over the quality inspection of the export commodities
before their release from the factories, to conduct examination
and supervision over the production and testing conditions and
quality assurance system of the manufacturers, and to conduct
random inspection on raw materials, parts and finished products,
packaging, marking, etc., used for the export commodities.
Article
43 The commodity inspection authorities may, in the light
of the need, affix commodity inspection marks on the import and
export commodities found up to standard through inspection; and
carry out the sealing for the import and export commodities found
up to standard or those that must be sealed. The making and issuance
of the commodity inspection marks and seals shall be regulated
by the State Administration for Commodity Inspection.
Article
44 The commodity inspection authorities or the inspection
agencies designated or accredited by the State Administration
for Commodity Inspection or commodity inspection authorities shall
conduct sampling inspection of import and export commodities according
to relevant stipulations. The relevant units shall recollect the
remainder of the samples after the inspection within the specified
time limit. In case they fail to recollect within the time limit,
the inspection authorities have the right to dispose of the samples.
Article
45 When the inspection personnel of the commodity inspection
authorities are conducting inspection, survey, supervision and
control according to law at the manufacturers, construction sites,
harbors, airports, railway stations and storehouses or on vehicles
of transport, the units concerned shall provied necessary conditions
for their work, including auxiliary manpower and appliances.
Article
46 The State Administration for Commodity Inspection and commodity
inspection authorities may, in the light of the need of inspection
work, accredit the qualified domestic and foreign inspection agencies
to undertake the entrusted inspection on import and export commodities
or testing on the designated commodities for quality licensing
and certification and to undertake examination and assessment
of the manufacturers. In case the accredited inspection agencies
are found not up to the stipulated requirements upon reexamination,
the State Administration for Commodity Inspection or commodity
inspection authorities shall cancel their qualification for accredited
status.
Article
47 The commodity inspection authorities may, in the light
of the need, accredit the inspection personnel of relevant units
to undertake designated tasks of inspection and assessment.
Article
48 Foreign organizations that intend to set up agencies for
the inspection and survey of import and export commodities within
China shall receive examination and obtain approval from the State
Administration for Commodity Inspection. They are allowed to undertake
entrusted inspection and surveying businesses for import and export
commodities within the designated scope only after they have fulfilled
the procedures for approval and registration according to relevant
laws and administrative regulations; they shall be subject to
the supervision and control of the State Administration for Commodity
Inspection and commodity inspection authorities.
Article
49 In case an applicant for inspection of import and export
commodities disagrees with the inspection results of a commodity
inspection authority, the applicant may apply to the original
commodity inspection authorities or to the higher commodity inspection
authority for re-inspection within 15 days from the date when
the inspection results are received, and the commodity inspection
authority which accepts the re-inspection. Shall make a condusion
of re-inspection within 45 days from the date of receiving of
the application for re-inspection. In case the applicant still
disagrees with the conclusion of re-inspection, the applicant
may apply to the State Administration for Commodity Inspection
for re-inspection within 15 days from the date when the said conclusion
is received. The State Administration for Commodity Inspection
shall make within 60 days a conclusion of re-inspection which
shall be the final.
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Chapter
VI Legal
Responsibility
Article
50 Those who violate the Law of Commodity Inspection or these
egulations by committing one of the following acts, depending
on the seriousness of the case, shall be subject to the penalty
of criticism by circular, warning or suspension of application
for inspection, and may be imposed a fine of more than 1% and
less than 5% of the total commodity value by the commodity inspection
authorities:
(1)
Marketing or using import commodities which are subject to statutory
inspection without applying for inspection; or without permission
exporting the commodities which are subject to statutory inspection
without applying for inspection;
(2)
Importing, marketing or using commodities subject to the import
safety license system without obtaining import safety license
or exporting commodities subject to export safety license system
or hygiene registration system without obtaining export quality
license or hygiene registration;
(3)
Using the vessel's holds or containers without possessing any
certificate to prove their qualified conditions or found not up
to the requirements through inspection for carrying the perishable
foods or frozen goods;
(4)
Providing or using the packing containers for exporting dangerous
goods without undergoing survey by the commodity inspection authorities;
and
(5)
Any other acts of evading the statutory inspection of the commodity
inspection authorities.
Article
51 Those who violate the Law of Commodity Inspection or these
Regulations by committing one of the following acts., depending
on the seriousness of the case , shall be subject to the penalty
of criticism by circular, warning or suspension of application
for inspection, and may be imposed a fine of more than 5% and
less than 20% of the total commodity value by the commodity inspection
authorities;
(1)
Marketing or using the import commodities found by the commodity
inspection authorities through inspection not up to the compulsory
standards or other standards that must be complied with;
(2)
Exporting the commodities found not up to the standard through
inspection or random inspection by the commodity inspection authorities;
(3)
Without authorization changing the samples drawn by the commodity
inspection authorities or altering the quality, specifications,
quantity, weight and packaging of the export commodities already
inspected and found up to standard by the commodity inspection
authorities;
(4)
Without authorization changing or impairing the commodity inspection
marks, seals or certification marks affixed by the commodity inspection
authorities on the commodities and their packages;
(5)
Providing or using the packaging containers already found by the
commodity inspection authorities as substandard for outbound dangerous
goods; and
(6)
Applying to the commodity inspection authorities for inspection
not according to the real condition, obtaining the relevant certificates
or documents from the commodity inspection authorities by cheating.
Article
52 For the export commodities already applied for inspection
but subject to fake and shoddy goods, the commodity inspection
authorities or the commodity inspection authorities in conjunction
with relevant competent departments shall order the manufacturers
and trade agencies to cease producing and exporting the goods;
may have the goods concerned destroyed under supervision, and
impose a fine less than the corresponding value of the export
commodity concerned separately or concurrently.
Article
53 With regard to the acts listed in Articles 50, 51 and 52
of these Regulations, if the circumstances are serious enough
with ensuing heavy economic losses to constitute a crime, the
personnel directly responsible shall be investigated for their
criminal responsibility according to law.
Article
54 Those who falsify, re-make or illegally use commodity inspection
certificates, documents, seals, stamps, marks, sealings and quality
certification marks, or trade, erase or alter commodity inspection
certificates, documents and marks, provided that the certificates
have yet not been used for imports or exports, may be imposed
a fine of more than 5, 000 and less than 30, 000 yuan (RMB) by
the commodity inspection authorities, if the certificates have
already been used for imports or exports, they may be imposed
a fine less than the total value of the commodities by the commodity
inspection authorities; if the circumstances are serious enough
to constitute a crime, the personnel directly responsible shall
be investigated for their criminal responsibility according to
law.
Article
55 For any party that conducts inspection and surveying of
relevant import and export commodities without the approval, designation
or accredition of the State Administration for Commodity Inspection
or its authorized commodity inspection authorities, the commodity
inspection authorities shall order it to stop the said operations.
In addition, the said party may be imposed a fine less than three
times the illegal gains.
Article
56 The parties that are imposed a fine shall make the payment
to the designated bank within ten days after receiving the notice
for payment of the fine from the commodity inspection authorities.
All
the fines shall be turned over to the State Treasury.
Article
57 In case a party dose not agree with the penalty imposed
by the commodity inspection authorities, it may, with 30 days
after it receives the notice of penalty, apply to the commodity
inspection authorities which have made the penalty decision or
appeal to the higher commodity inspection authorities for re-consideration.
If the party still disagrees with the decision of re-consideration,
it may bring a suit before the people's court within 30 days after
the date it receives the notice of re-consideration decision.
If
the party neither applies for re-consideration nor brings a suit,
and fails to comply with the penalty decision, the commodity inspection
authorities which have made the penalty decision shall apply to
the people's court for compulsory execution.
Article
58 The functionaries of the State Administration for Commodity
Inspection and the commodity inspection authorities who abuse
their power, practice graft or embezzlement, falsify inspection
results or neglect their duties and delay the timely certification
shall be subject to disciplinary sanctions by their respective
or higher organizations; if the act of violation is serious enough
to constitute a erime, the personnel directly responsible shall
be investigated for their criminal responsibilities according
to law.
In
case of the above offences on the part of the inspection personnel
of the inspection agencies designated or accredited by the State
Administration for Commodity Inspection or commodity inspection
authorities or their accredited inspection personnel, they shall
be penalized as stipulated in the preceding paragraph.
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Chapter
VII Supplementary
Provisions
Article
59 The commodity inspection authorities, when acting as the
organs for the quarantine inspection of animal products for commercial
export in accordance with the decision of the State Council, shall
exercise quarantine inspection over export animal products in
conformity with the provisions of the Law on the Entry and Exit
Animal and Plant Quarantine.
Article
60 The State Administration for Commodity Inspection shall
be responsible for the interpretation of these Regulations.
Article
61 These Regulations shall go into effect as of the date of
promulgation.
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