Imported Cotton Inspection, Supervision And Management Measures

Original Language Title: 进口棉花检验监督管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387403.shtml

Imported cotton inspection, supervision and management measures

    (January 18, 2013 151th State administration of quality supervision, inspection and quarantine announced as of February 1, 2013) Chapter I General provisions

    First in order to strengthen import inspection, supervision and management of cotton, improving the quality of imported cotton, maintain normal trade order, in accordance with the People's Republic of China import and export commodity inspection Act (hereinafter referred to as the commodity inspection law) and its implementing regulations provisions, these measures are formulated.

    The second inspection, supervision and administration of these measures applicable to imports of cotton.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) competent national inspection, supervision and administration of imported cotton.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for the inspection, supervision and administration of imported cotton.

    Outside the fourth country on imported cotton supplier firms (hereinafter referred to as foreign supplier firms) implementation of quality management, foreign suppliers can implement registration and management.

    Fifth inspection and quarantine institutions to implement incoming inspection of imported cotton.

    Chapter II registration of offshore supply enterprises

    Sixth, in order to facilitate customs clearance, foreign suppliers to the AQSIQ registration on a voluntary basis.

    Foreign suppliers of the seventh of an application for registration (hereinafter applicant) shall satisfy the following conditions:

    (A) with the country or region where legitimate business qualification;

    (B) has a fixed place of business;

    (C) have stable sources of supply, and there is a corresponding quality control system;

    (Iv) familiar with China's imported cotton inspection regulations.

    Article the applicant applying for registration should be submitted to the State administration of quality supervision the following written information:

    (A) the application form for registration of foreign suppliers of the imported cotton (hereinafter registration application);

    (B) legitimate business qualification certificate copy;

    (C) organizational chart and site plans;

    (D) the quality control system of related materials;

    (E) the commitment to quality books.

    Above materials should be provided in Chinese or foreign-language texts. Nineth overseas supplier firms may entrust an agent to apply for registration.

    Agent when applying for registration, should be submitted to the foreign suppliers of power of attorney.

    Article tenth AQSIQ on the application submitted by the applicant, should be dealt with separately according to the following circumstances:

    (A) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 5 working days from the date of receipt of application materials again inform all applicants need to supplement content fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (B) the application materials are complete and meet the required forms, or the applicant requested by the AQSIQ submitted all the correct materials, shall be inadmissible;

    (C) the applicant informed within 20 working days of the date correction is not applied for material deemed withdrawal; corrections still does not meet the requirements of the applicant inadmissible, and inform the applicant in writing. 11th accepting applications submitted by the parties, AQSIQ should review group, writing reviews and, if necessary, carry out on-site review.

    This review should be completed within 3 months from the date of acceptance.

    12th qualified upon examination, AQSIQ should be on outside suppliers to be registered shall issue a certificate of registration of foreign suppliers of the imported cotton (hereinafter referred to as the registration certificate) and released.

    13th not qualified upon examination, AQSIQ registration does not give to foreign suppliers, and shall inform the supplier firms abroad.

    14th the registration certificate is valid for 3 years.

    15th not registered offshore supply 2 months before the date of registration of the enterprise to the AQSIQ to reapply for registration.

    16th registered offshore supply business name, business location or registration information changes, such as the legal representative, to the AQSIQ shall promptly apply for registration of change, submitted the application for registration provided for in article eighth form and documentation of changes, the AQSIQ shall receive registration materials made within 30 working days from the date of the decision of whether to change.

    17th needs to extend validity of registered foreign supplier firms shall be registered in the 3 months before the expiry of the certificate apply to the AQSIQ review replacement, submit review the replacement materials provided in this article eighth, AQSIQ should be made before the expiry of the current registration certificate granting renewal decisions.

    Expiration does not apply for a review the replacement, the AQSIQ to be cancelled.

    Chapter III quality of credit management 18th State General Administration of quality supervision on foreign suppliers of quality credit management.

    Bureau of inspection and quarantine in accordance with actual delivery of imported cotton quality and performance of supplier firms abroad on foreign suppliers of credit quality assessment and reported to the State administration of quality supervision.

    Article 19th in accordance with credit quality, offshore supply business into three levels a, b and c:

    (A) a level: overseas suppliers obtained the AQSIQ registration is listed as a-class;

    (B) class b: a 20th-level foreign suppliers to these measures reduced to one of the situations listed in section b;

    (C) the c-class: outside suppliers that are not received the AQSIQ registration defaults to grade c at b-class overseas suppliers this approach reduced to one of the situations listed in the article 20th c-class.

    20th registered foreign supplier firms import contracts, invoices with one of the following circumstances, with the specifications of the cotton, the inspection and quarantine institutions should assess the credit quality of the overseas supplier firms and adjusted accordingly:

    (A) downgrade at level 2 and above exceeds the number of bales general contractor: 20%;

    (B) the degradation rate in 1/16-inch in length (about 1.58 mm) exceeds the total number of bales and above package: 20%;

    (C) the micronaire value number of bales more than 60% of the total number of packages;

    (D) the delivery short rates exceeding 3%, no compensation in a timely manner;

    (E) goods of serious oil pollution, water stains, mildew, compacted bales more than 5% of the total number of packages;

    (Vi) packaging of goods transport, handling, loading and unloading of serious damage, damaged bales more than 20% of the total number of packages;

    (VII) mixed with different fibers, cotton lint, cotton waste and harmful debris, verified serious loss to the enterprise. 21st imports cotton to the situations listed in the article 20th, the inspection and quarantine agencies shall inform the consignee about the test results, the consignee shall promptly inform the supplier firms abroad. Inspection and quarantine agencies to allow the consignee shall sell, use the batch import of cotton.

    Inspection and quarantine agencies shall timely inspection of imported cotton and related evidence reported to the inspection and Quarantine Bureau.

    22nd entry inspection and Quarantine Bureau of inspection and audit the relevant supporting documents, and foreign suppliers of the initial assessment to determine the credit quality levels, and advise the supplier firms abroad will assess the results and reasons for writing. 23rd outside supplier firms disagrees with the results of an initial assessment shall, within 15 working days from the date of receipt of written notice, to assess the results of the inspection and Quarantine Bureau in writing to defend themselves, and submit the relevant proof.

    After review, the original results in error, corrected.

    Without objection or did not plead the expiration, the inspection and Quarantine Bureau to determine the final evaluation results, notify the supplier firms abroad, and reported to the State administration of quality supervision.

    Article 24th saqsiq adjusted according to the assessment results in a timely manner and outside suppliers of credit quality level and notify the inspection and quarantine authorities and related units. Article 25th credit quality assessment occurs during the re-inspection, administrative reconsideration or administrative proceedings shall suspend assessments.

    After reinspection, administrative reconsideration or administrative proceedings ended, continued to organize assessment.

    26th AQSIQ registration of foreign suppliers of credit quality levels to dynamically adjust in the following manner:

    (A) a level outside delivery company to import cotton the situations listed in the article 20th, outside suppliers of credit quality levels decreased from level a to level b;

    (Ii) since directly under the test quarantine Council written notification outside supply enterprise quality credit level of day up 5 months within, from b level outside supply Enterprise imports of cotton occurred this approach 20th article by column case of, outside supply enterprise of quality credit level by b level drop for c level; as not occurred this approach 20th article by column case of, quality credit level by b level rose for a, level;

    (C) foreign suppliers of the inspection and quarantine administrations under a written notice within 5 months from the date on which the credit quality levels, cotton imports from foreign suppliers of the c-class is not listed in the article 20th, outside suppliers (excluding enterprises not AQSIQ registration) the credit quality levels increased from class c to class b.

    The fourth chapter inward inspection 27th article import cotton to the consignee or his agent shall provide the port of entry inspection and quarantine inspection.

    When the inspection, in addition to outside inspection documents provided, registered foreign supplier firms shall provide the certificate of registration of foreign suppliers of the imported cotton (copy).

    28th according to outside suppliers of quality inspection and quarantine institutions credit level on imported cotton inspection in the following ways:

    (A) for grade a cotton suppliers outside, consignee inspection should be reported when the destination inspection, the destination inspection and quarantine institutions according to the State administration of quality supervision, inspection and quarantine trade standard sampling inspection;

    (Ii) grade b cotton suppliers outside, consignee inspection should be reported when the destination inspection implemented by the destination inspection and quarantine authorities twice tightened inspection of the sample;

    (C) the cotton to the c-level foreign suppliers, inspection and quarantine administration at the port of entry twice tightened inspection of the sample.

    29th spot inspection of imported cotton work site shall meet the following requirements:

    (A) has a site inspection for cotton storage space;

    (B) equipped with opening, unpacking, weighing, sampling and other necessary equipment and support personnel;
(C) other general site inspection, facility.

    30th inspection and quarantine institutions to conduct examination over imported cotton. Batch inspection shall check imports cotton, specifications, marks, and confirmed the conformity of goods permit; related requirements such as identification of the packaging in accordance with the contract, there is no breakage; check whether there is damage, fibers, shoddy, adulteration of doping and so on.

    For container loading, check the container seal is intact.

    31st according to the State administration of quality supervision, inspection and quarantine institutions number of regulations imposed on imported cotton weight inspection, quality inspection and damage identification and issue certificates.

    Article 32nd imported cotton consignees or shippers letter disagrees with the results of the inspection and quarantine authorities, in accordance with the measures for the re-inspection of import and export commodities require re-inspection.

    Supervision and administration of the fifth chapter

    Article 33rd offshore supply enterprise quality control system shall remain effective.

    Siqsaq may conduct verification over the outside supplier firms according to law.

    Article 34th consignee shall establish a record of importing cotton sales, use and claims records, inspection and quarantine institutions to check their records found no established record or the records are incomplete, rectification notice in writing to the consignee. 35th inspection and quarantine agencies shall establish credit quality assessment and inspection and supervision work.

    AQSIQ credit assessment and inspection and supervision work of quality supervision and inspection. Article 36th registered offshore supply one of the following situations occur, AQSIQ to revoke its registration.

    Offshore supply business from the date of revocation to the AQSIQ again 6 months before they can apply for registration.

    (A) providing false information to obtain the registration certificate;

    (B) the AQSIQ organized spot checks were found in its quality control system cannot guarantee the quality of cotton;

    (C) class c registered foreign supplier firms listed in the article 20th;

    (D) does not accept the supervision and management.

    The sixth chapter legal liability

    37th recipient of one of the following situations occurs, has illegally obtained, by the inspection and quarantine authorities fined a maximum of 3 times the illegal income, up to 30,000 yuan; no illegal gains and fines of between 10,000 Yuan:

    (A) notify the rectification has yet to establish import cotton or use records, and claims of;

    (B) do not provide truthful information imported cotton facts causing serious consequences;

    (C) does not accept the supervision and management.

    Article 38th of other violations of relevant laws and administrative regulations, inspection and quarantine institutions pursue its legal responsibility in accordance with related laws and administrative regulations.

    39th functionaries of inspection and quarantine institutions, intentionally parties, favoritism and falsification of the results of inspection and quarantine, or neglects his duties, delays in issuing, in accordance with the People's Republic of China import and export commodity inspection law implementing article 59th of the Ordinance shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    40th article import cotton, animal and plant quarantine, health and quarantine in accordance with law and regulations and related provisions.

    41st Hong Kong, Macao and Taiwan area's cotton supply enterprises registration management and assessment of the quality of credit management in accordance with these rules.

    42nd from abroad into the bonded areas, export processing zones and other special customs supervision of imported cotton, in accordance with the relevant provisions.

    43rd article of the approach by the AQSIQ to interpret. 44th in these measures come into force February 1, 2013.