2.
The quality of import and export commodities for which exemption
of inspection has been applied should be kept constantly stable
and the standard rate of the inspection by commodity inspection
organizations should reach 100% for three years running.
3.
Chinese end-users of import commodities or foreign end-users of
export commodities of China do not object to the application for
exemption of inspection.
Article
4 Application for exemption of inspection is not to be accepted
for import and export commodities concerning safety, hygiene and
having the following special requirements:
1.
Cereals and oils, toys, cosmetics and electrical appliances;
2.
Import commodities covered by the safety and quality license management;
3.
Commodities that deteriorate easily or bulk goods;
4.
Commodities whose prices and settlement must be made according
to components and contents as listed in commodity inspection certificates
required by contracts;
5.
Packing containers used for importing and exporting dangerous
goods.
Article
5 In applying for exemption of inspection, an applicant shall
follow the following procedures:
1.
An applicant shall fill in and submit an application form and
related materials (including quality control system certificate,
quality standards, documents on the technological processes, certificate
of inspection standard rate, preliminary examination report by
the commodity inspection organizations and comments of end-users)
with the State Administration for Import and Export Commodity
Inspection.
For
the application form and the format of the preliminary examination
report by commodity inspection organizations, see Annex.
2.
The application for exemption of inspection shall be filed only
after the preliminary examination by the commodity inspection
organization in the places where the production enterprises are
located according to this set of rules and relevant regulations.
Article
6 After receiving the application for exemption of inspection,
the State Administration for Import and Export Commodity Inspection
shall make one of the following decisions after examination of
the application:
1.
To accept the application if it conforms to the provisions of
this set of rules;
2.
To return the application to the applicant if it is incomplete
in contents or in the required documents attached and demand correction
within a certain time. Failure to correct within the time limit
shall be deemed as having cancelled the application; or
3.
To reject the application if the application is found not to conform
to the provisions of this set of rules and notify the applicant
in writing.
Article
7 After accepting an application, the State Administration
for Import and Export Commodity Inspection shall organize an expert
group to make assessment and examination.
A
member of the expert group shall, generally, have the qualifications
of an assessor of export commodity quality control systems and
the head of the group shall have the qualification of a senior
assessor of export commodity quality control systems.
The
head of the expert group shall direct the assessment and examination
work.
Article
8 An applicant may apply for the withdrawal of certain members
of the expert group if the applicant deems that the member or
members of the expert group have a conflict of interests in the
exemption of inspection or may affect just examination.
The
withdrawal of any member of the expert group shall be decided
by the State Administration for Import and Export Commodity Inspection.
Article
9 The expert group shall work according to the following procedures:
1.
To examine the application form and related materials submitted
by the applicant;
2.
To examine the preliminary examination form and examination report
submitted by the related commodity inspection organization;
3.
To study and work out the examination plan;
4.
To carry out inspection and testing of the commodities for which
exemption of inspection has been applied and write a testing report;
5.
To carry out assessment of the production enterprise concerned
according to the examination plan and relevant regulations;
6.
To make an examination conclusion and write an examination report.
Article
10 The State Administration for Import and Export Commodity
Inspection shall make one of the following decisions concerning
the application for the exemption of inspection according to the
examination report submitted by the expert group:
To
approve the application and issue a certificate for the exemption
of inspection if the application conforms to the provisions of
this set of rules. Or to disapprove the application and notify
the applicant of the decision if the application does not conform
to the provisions of this set of rules.
Article
11 The validity term of the inspection-free certificate shall
be decided by the State Administration for Import and Export Commodity
Inspection, usually not exceeding three years.
Article
12 An applicant who has been approved for the exemption of
inspection for import or export commodities shall go through the
clearance procedures with the related commodity inspection organization
by presenting the valid inspection-free certificate, foreign trade
contract, letter of credit, certificate of quality of commodities
and other documents.
If
a commodity inspection certificate is required for inspection-free
export commodities, the related commodity inspection organization
shall issue an inspection certificate upon the quality certificate
submitted by the applicant. For commodities that have quantity,
quality and packing requirements, the inspection certificate shall
be issued after examination according to relevant regulations.
Article
13 Production enterprises that have obtained inspection-free
certificates for import and export commodities shall accept supervision
and management by commodity inspection organizations.
Commodity
inspection organizations may carry out random examinations of
the import and export commodities for which inspection-free certificates
have been issued and if quality problems are found, the commodities
shall not be cleared without inspection.
Article
14 If the State Administration for Import and Export Commodity
Inspection has received complaints about the quality of inspection-free
import and export commodities from Chinese and foreign end-users
or reports by commodity inspection organizations, it shall, according
to actual circumstances, organize expert groups to carry reports
by commodity inspection organizations, it shall, according to
actual circumstances, organize expert groups to carry out random
examination of the said inspection-free commodities and make examination
reports.
Article
15 Applicants and production enterprises are not allowed to
alter the properties, structures and manufacturing processes of
inspection-free import and export commodities. If any change has
been made, the application and examination procedures shall be
renewed.
Article
16 An applicant may apply for the extension of the validity
period for the inspection-free certificate four months ahead of
the expiry date. The validity period may be extended after the
State Administration for Import and Export Commodity Inspection
have reviewed it and deemed it qualified, but the extension shall
not usually exceed three years.
Article
17 An applicant shall pay the required amount of fee according
to regulations for applying for exemption of inspection and for
obtaining the approval for the exemption of inspection.
