Article 1 In order to strengthen supervision and administration of the quality of import commodities in the circulation sector, protect the legitimate rights and interests of the consumers and safeguard the socialist market order, this set of methods is hereby formulated in line with relevant laws and regulations as The Import and Export Commodities inspection Law of the People's Republic of China, The Implementing Regulations of the Import and Export Commodities inspection Law of the People's Republic of China. The Law on the Protection of Consumer Rights and interests of the people's Republic of China and interim Regulations on the Administrative Punishment of Racketeering Activities.

Article 2 This set of methods is applicable to the following commodities in the circulation sector:

(1) The import commodities listed in the Table of Varieties of Import and Export Commodities Subject to inspection by Commodity inspection Agencies (hereinafter referred to as the Table of Varieties);
(2) The commodities listed in the Catalogue of Import Commodities Subject to the Safety and Quality Licensing System formulated by the State Administration for the inspection of Import and Export Commodities (hereby referred to SACI);
(3) The import commodities whose inspection is required by commodity inspection agencies in compliance with other laws and administrative regulations; and (4) The commodities listed in the sampling insection catalogue of import commodities jointly released by the SACI, the State Administration for industry and Commerce of the People's Republic of China (hereinafter referred to as the SAIC) and provincial commodity inspection administrations and administrations for industry and commerce.

Article 3 Administrations for commodity inspection (ACIs) are competent authorities in charge of quality inspection and supervision of import commodities and administrations for industry and commerce (AICs) are competent authorities responsible for supervision and administration of domestic operational activities of import commodities. In line with the commodity inspection law, ACIs crack down on operators who evade the mandatory inspection and the safety and quality licensing system; conduct a sampling inspection of import commodities not covered by the mandatory inspection and of those on which consumers have lodged quality complaints; and crack down on acts of counterfeiting and forging commodity inspection certificates, inspection results and commodity inspection marks. AICs investigate and punish, according to law, counterfeit import commodities and illegal import commodities.

Article 4 Contents of supervision and inspection

1. Whether or not an import commodity subject to the State's import safety and quality licensing system has obtained the safety and quality license and been affixed the commodity inspection safety certification mark (hereinafter referred to as the CCIB safety mark);

2. Whether an import commodity listed in the Table of Varieties has passed the inspection by an ACI;

3. Whether the mark and label used by an import commodity are in line with China's stipulations;

4. Whether the commodity is counterfeit and/or illegal;

5. Whether an import commodity subject to the inspection by ACIs and AICs as required by other laws and regulations is in conformity with China's relevant stipulations.

Article 5 ACIs and AICs conduct on-the-site supervisory inspections on the operators and sellers of import commodities and their warehouses and draw samples for purposes of submission to the local ACI or a designated inspection institution for a testing of such aspects as the quality, safety, hygiene and environment protection compliance.

Article 6 No operator or seller shall import, sell or resell commodities subject to the safety and quality licensing and CCIB safety mark affixation unless such commodities have obtained such licensing and affixation, nor shall they import, sell or resell commodities listed in the Table of Varieties before such commodities have passed the inspection of ACIs.

Article 7 Punishments for unlawful acts:

1. Should there be any of the following acts in violation of The Import and Export Commodity Law of the People's Republic of China, local ACIs shall mete out punishments according to the relevant stipulations of Implementing Regulations of the Import and Export Commodity Law of the People's Republic of China:

(l) Selling import commodities subject to but without the safety and quality licensing of SACI and affixation of the CCIB safety mark;
(2) Selling import commodities listed in the Table of Varieties without obtaining the inspection certificate of ACIs;
(3) Failure to make accurate submission to designated inspection institutions for purposes of getting the inspection certificate;
(4) Selling import commodities which have failed to pass the inspection based upon national mandatory standards;
(5) Forging, tampering with and/or using without authorization the certificate, stamp, mark, seal, certification mark or inspection mark of ACIs.

2. Operators dealing in fake import commodities and illegal import commodities shall be punished according to law by AICs.

3. In case of the need of sealing up illegally distributed commodities. local ACls and AICs shall seal them up either according to their own jurisdiction or jointly.

Article 8 Dealing with illegally distributed commodities:

In regard to operators which violate the stipulations of Article 7, in addition to punishments according to provisions, the following commodities shall be dealt with by ACIs

1. Commodities subject to, but without, the SACI's safety and quality licensing and affixation of the CCIB safety mark, ACIs shall draw samples for submission to designated inspection institutions for testing according to China's relevant mandatory safety standards, only those that have passed the testing and been affixed the green mark indicative of passing the test can be sold.

2. Commodities without valid ACI certificates shall be submitted for inspection at ACIs by operators, only after they have passed the inspection and obtained the certificate can such commodities be sold.

3. In case that import commodities fail to pass the test according to mandatory standards as stipulated by laws and administrative regulations or other enforceable inspection standards, they shall be technically processed under the supervision of ACIs, only after they have passed a second inspection can they be sold or used; if technical processing cannot take place of if such commodities, after technical processing, cannot still pass the inspection, ACls shall order the assignee to embargo such commodities or destroy them.

Article 9 If fake import commodities sold by an operator result in damages to the legitimate rights and interests of consumers, the operator shall be dealt with according to The Law on the Protection of Consumer Rights and interests of the People's Republic of China.

Article 10 The testing and inspection fees for relevant samples shall be levied according to the State's relevant stipulations.

Article 11 The SACI and the SAIC shall be responsible for the interpretation of this set of methods.

Article 12 This set of methods shall enter into force as from the date of promulgation.