Damage To Import Commodities Inspection And Authentication Management

Original Language Title: 进口商品残损检验鉴定管理办法

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(July 6, 2007 national quality supervision test quarantine General makes 97th, announced since October 1, 2007 up purposes) first chapter General first article for strengthening imports commodity damaged test identification work, specification test quarantine institutions and social various test institutions imports commodity damaged test identification behavior, maintenance social public interests and imports trade about parties of lawful rights and interests of, promote foreign trade of smooth development, according to People's Republic of China import and export commodity test method and implementation Ordinance,
    As well as provisions of other relevant laws, administrative regulations, the formulation of the approach.
    Second approach applies to People's Republic of China territory of damage to import commodities inspection and appraisal activities.
    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) responsible for damage to import commodities inspection and appraisal work nationwide, the State quality watchdog based in local entry-exit inspection and quarantine authorities (hereinafter referred to as the inspection and quarantine agencies) responsible for the damage to import commodities inspection and appraisal, supervision and management in the area of work. Fourth inspection and quarantine institutions responsible for statutory damage inspection of imported commodities inspection and appraisal work.
    Method of goods imports other than damage damage inspection and testing is required, party may apply to the inspection and quarantine agencies for damaging foreign trade inspection, can also be licensed by the State administration of quality supervision inspection body for damage inspection and appraisal.
    AQSIQ and damage inspection and testing of the Inspection Agency inspection and quarantine institutions supervise and management. Fifth article test quarantine institutions according to need on has damaged of following imports commodity implementation damaged test identification: (a) included test quarantine institutions must implementation test quarantine of inbound and outbound commodity directory within of imports commodity; (ii) statutory test yiwai of imports commodity of consignee or other trade relationship people, found imports commodity quality not qualified or damaged, and shortage, application out card of; (three) imports of dangerous goods, and waste items; (four) implemented validation management, and quota management, and needed by test quarantine institutions test of imports commodity
    (V) imports suspected of fraud, and (vi) the consignee or other trade relations need of import commodities inspection and quarantine institutions issuing claims; (VII) under bilateral agreements, multilateral agreements, international treaties, or international organization delegates, the specified imported goods; (h) the relevant laws and administrative regulations shall be subject to inspection and quarantine inspection of other imported goods.
    Chapter declared sixth statutory inspection of imported goods damaged damage inspection and appraisal needs to be put, the consignee shall apply to the inspection and quarantine for damage inspection and testing; statutory inspection of imported goods other than implementing damage inspection and appraisal of damage occurs, recipient or other trade relations to the inspection and quarantine agencies or with the permission of the State administration of quality supervision inspection body for damage inspection and appraisal.
    Article seventh imported goods the consignee trade relations or other persons can apply to the inspection and quarantine agency damage inspection and appraisal, also registered by the inspection and quarantine authorities can delegate Agency inspection to complete application procedures.
    Eighth body damage inspection and testing required by the inspection and quarantine of imported goods, the applicant shall be prescribed by the inspection and quarantine authority sites and within the time limit for damage inspection application procedures.
    Nineth imported goods damages or is likely to damage damage inspection and authentication is required, import consignee trade relations or other person shall apply to the inspection and quarantine of imports where the discharge damage inspection and appraisal.
    Arrival of imported goods in imports before the discharge has been found damaged or their means of delivery during shipment, encounter or adverse factors and may cause damage to or loss of goods, imported goods the consignee trade relations or other persons shall import imports arrived in the port of discharge before the application, and shall, not later than the holds of ships or containers for open, open the hatch, before unpacking applications.
    Found in the unloading of imported goods or damage, shall stop the unloading immediately and apply for.
    Article tenth of imported goods claim for external damage occurs and the issuance of import consignee trade relations or other person shall, on the expiry of the claim by 20th application.
    11th body damage inspection and testing required by the inspection and quarantine of imported goods, the consignee or other business relations shall protect the goods and their packaging materials that are damaging the site status, reasonable unloading damaged goods, collect the anchor to keep; the extended loss of damaged goods or is damaging accidents that occurred, and shall take prompt and effective rescue measures to stop accidents and prevent damage to expand.
    12th consignee trade relations or other people while going through application procedures for damage inspection and testing of imported goods, should also be based on the actual situation and the international practice applied to the inspection and quarantine authorities of the following tests: (a) the loading unloading supervision, (ii) the cabin or container; (c) the container unpacking process; (d) testing of other related projects. Chapter III examination article 13th inspection and quarantine institutions according to the compulsory requirements of the technical norms of the State the damage inspection and identification.
    Has not yet established norms, standards relating to technical specifications, standards can refer to foreign inspection.
    14th article imports any of the following circumstances, should be implemented at the port of discharge examination: (a) bulk imports have damaged; (b) the packaging or the physical damage of goods; (c) carrying containers of imported goods are damaged.
    15th article imports commodity has following case of, should turned single to commodity arrived to implementation test identification: (a) national provides must quickly shipped away from port of; (ii) open packaging test Hou to recovery undisturbed or to handling transport of; (three) needed in installation debugging or using in the determine its to loss reasons, and loss degree, and loss number and loss value of; (four) commodity packaging and commodity appearance no obviously damaged, needed in installation debugging or using in the further test of.
    16th when implementing damage inspection and appraisal, inspection and quarantine institutions, found the project's actual situation inconsistent with the inspection requirements of the technical norms, standards, affecting the normal inspection or test the accuracy of the results, shall promptly notify the consignee or other person to trade; the consignee or other party shall cooperate with the inspection and quarantine trade.
    17th inspection and quarantine agencies in the identification of the damage inspection process, the consignee or other business relations shall take effective measures to ensure terms and conditions, meets the requirements of test specifications, standards.
    Inspection and quarantine authorities before failing to make comments, no unit or individual may unlawfully processed.
    If terms and conditions not in accordance with this regulation or testing technical standards, specifications, and inspection and quarantine authorities can suspend inspection and appraisal, oblige the consignee or other trade relationships to take timely and effective measures to ensure a smooth inspection.
    18th involving personal or property safety, sanitation, health, environmental protection and mangled after application for damage inspection and testing of imported goods, the applicant and the parties concerned should be requested by the inspection and quarantine authorities, points unloading point, seal up custody and proper disposal.
    Article 19th against the personal and property safety, sanitation, health, environmental protection and other projects failed damaging imports, the inspection and quarantine agencies ordered to return or destroy, the consignee or other trade contacts to customs for return procedures should be in accordance with the provisions, or implemented the destruction, and reported to the inspection and quarantine authorities of the decision. 20th inspection and quarantine institutions to implement the damage inspection and authentication should be implemented on-site investigation and records, photos, or audio and video.
    Relevant units and individuals shall cooperate, and signature confirmation on the record, as there are differences of opinion, should note.
    Supervision and administration of the fourth chapter 21st State General Administration of quality supervision and inspection and quarantine institutions established in the territory of import and export commodity inspection agencies and territory involved damage to import commodities inspection and authentication institutions, supervise and manage staff and activities.
    22nd article without permission from the AQSIQ, any institutions or individuals may damage to import commodities inspection and appraisal activity in territory. Article 23rd AQSIQ licensed inspection agencies within and outside must be within the scope of the license, accept foreign economic and trade relations of the entrusted to handle damage inspection and testing of imported goods; its field inspection personnel should be accompanied with the AQSIQ on the Organization, personnel licensing examination of relevant documents and accept the inspection and quarantine authorities.
    For staff engaged in the inspection and appraisal activities without a license, the inspection and quarantine agencies may order him to leave the scene and make appropriate treatment.
    Each of these inspection bodies shall comply with the provisions of laws and administrative regulations, and accept the supervision of the State administration of quality supervision and inspection and quarantine management and investigation of its illegal activities. The fifth chapter by-laws 24th consignee or to other trade related damage examination disagrees with the results of the inspection and quarantine institutions, can be made within the prescribed period to test results of the inspection and quarantine agencies or by a superior and State administration of quality supervision inspection and quarantine institutions file an application for re-inspection, also should be retained onsite and cargo status.
    Accepting retest and inspection and quarantine agencies or the State administration of quality supervision should be in accordance with the relevant provisions of the reinspection reinspection conclusion.
    Parties for inspection and quarantine institutions, AQSIQ refuses to accept the conclusions of the re-inspection, may apply for administrative reconsideration or initiate litigation to the people's Court according to law.
    25th party commissioned by the damaging examination disagrees with the results of other inspection agencies, can complain to the local inspection and quarantine authorities, should also be retained onsite and cargo status.
    26th local inspection and quarantine authorities and by the permission of the State administration of quality supervision, inspection body and its staff shall comply with these regulations.
    For violations of these rules, State administration of quality supervision and inspection and quarantine agencies shall, in accordance with the People's Republic of China import and export commodity inspection Act and its regulations provide for punishment of those responsible. 27th entry inspection and quarantine administration according to law, the damage inspection and identification, in accordance with the relevant provisions of the State fee.

    28th trade relations between other people mentioned in these measures refers to addition to the consignees of imported goods importers, Agency inspection enterprises, carriers, warehouse, loading and unloading units, freight forwarders and other associated with damage to import commodities inspection and authentication of entities and individuals.
    Article 29th of this approach by the AQSIQ to interpret.
                                                30th article of the rules take effect on October 1, 2007, published on July 8, 1989 the State import and export commodity inspection Bureau of import and export commodities damage identification approach of maritime transport repealed simultaneously.

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