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Administrative Measures On Import And Export Commodity Inspection

Original Language Title: 进出口商品抽查检验管理办法

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(December 31, 2002 the State General Administration of quality supervision, inspection and quarantine announced 39th) Chapter I General provisions article to strengthen import and export commodity inspection work, specification of import and export commodities inspection and supervision, protecting public interests, in accordance with the People's Republic of China import and export commodity inspection Act (hereinafter referred to as the commodity inspection Act) and its regulations for the implementation of the relevant provisions of these measures.
    Article of import and export commodities in these measures are in accordance with the provisions of the commodity inspection law must carry out the inspection of import and export commodities import and export commodities.
    Article inspection focused on safety, health, environmental protection, and consumer complaints, returns a large amount of, the occurrence of quality accidents at home and abroad, as well as a new special technical requirements of import and export commodities. Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) unified management over import and export commodity inspection, determine, adjusted and promulgated to implement the kinds of import and export commodity inspection.
    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agency) is responsible for the management and implementation of import and export commodities inspection work within the responsible areas.
    Article fifth according to AQSIQ released test results, a warning notification, to take the necessary preventive measures or to inform the authorities and inspection.
    Sixth article import and export commodity inspection the conformity assessment of a project is based on the technical norms of the State mandatory requirements or some other relevant technical requirements specified by the State administration of quality supervision.
    Seventh implementation of import and export commodities inspection and quarantine institutions and inspection shall not be charged to the selected unit inspection fees, the costs included in the annual inspection of the inspection and quarantine of special business budget. Article eighth all departments concerned should support the work of inspection and quarantine institutions and inspection. Spot check inspection shall cooperate, prevent, and should provide the necessary working conditions.
    Inspection and quarantine authorities in accordance with the principle of facilitating foreign trade, scientific organization and inspection work; not to expand the scope of check the types of goods and or enterprise has the right to refuse checks.
    Nineth relevant in the performance of inspection and quarantine and inspection work, must strictly obey the law, impartial, and intended to check the unit, check the goods and selected units of production processes, trade secrets, confidential.
    Chapter II inspection article tenth State quality inspection administration developed and issued import and export commodity inspection program, including product name, test, sample requirements, testing projects, criteria, implementation time and, if necessary, adjustments to the inspection plan or issuing special import and export commodity inspection plan.
    11th according to the State administration of quality supervision inspection and quarantine agencies issued the inspection plan, after the necessary investigation, combined with the related import and export situation of the region to determine inspection units to formulate specific implementation plans, and reported that the State General Administration of quality supervision for the record.
    12th shall, according to the State administration of quality supervision, inspection and quarantine institutions on the inspection work of the unified arrangements and requirements carefully organize the implementation of random testing in the region. 13th when the on-site inspection shall have more than 2 (2) participants. Inspection personnel shall, before test production and inspection notices and certificates, and spot checks of national import and export commodities inspection regulations and requirements.
    When the relevant documents do not meet requirements, was right to refuse the inspection by sampling units.
    Article 14th on the implementation of the random inspection of imported goods, the inspection and quarantine agencies in the unloading of imported goods port, arrival station or received goods sample units; on inspection of export commodities inspection and quarantine authorities in the production of exported goods, cargo distribution or shipping ports sampled. 15th extracted samples of import and export commodities, provided free by the selected units. Samples should be selected randomly, and should have a certain degree of representativeness.
    Sample and reserve sample shall not exceed the number of sampling requirements and testing is reasonably necessary. Article 16th after sampling, inspection personnel shall seal the samples and fill out the sample form. Sample form should be signed by a representative spot checks and the checks, and stamped with the selected unit.
    Under special circumstances, be confirmed by the inspection and quarantine authorities.
    Article 17th of inconvenience to carry samples, inspection personnel may require that the sampling units within the time provided in the mailing or sending it to the designated location, sampling units shall not refuse without good reason.
    Article 18th seller shall promptly inform the supplier to the indication of the random inspection of imported commodities inspection and quarantine institutions of technical specifications, supply and marketing, and so on. Article 19th inspection detection units should meet the test of qualification and competence.
    Detection units should be strictly in accordance with the standards for testing without permission is strictly prohibited to subcontract the seized items, and test data confidential.
    20th inspection unit after receiving samples samples should be the number, condition and recorded on a single sample of compliance checks and testing work completed within the stipulated time, the original sample should be properly preserved. Article 21st test report test basis, testing must be consistent with the inspection requirements of the project. Detection reports should be complete, accurate data, conclusion.
    Inspection Unit shall, within the time limit set by the test report of inspection and quarantine institutions.
    22nd of the remaining sample, detecting unit shall notify the selected units within the stipulated time to recover; fails to recover, the inspection and quarantine agencies.
    23rd inspection and quarantine institutions after the completion of inspection tasks, shall, within the prescribed time will spot check results reported to the State administration of quality supervision and spot checks and results and other relevant information for filing, without consent of the State administration of quality supervision, without external leak inspection results and related materials.
    Chapter III supervision article 24th should be released by the State administration of quality supervision inspection and quarantine institutions and inspection results, warning notices and timely notification to the local authorities and enterprises, direction to help the export enterprises to improve product quality, assisting the importers concerned to take the necessary measures to prevent possible risks. 25th article by test quarantine institutions checks qualified of imports commodity, issued checks situation notification single; on not qualified of imports commodity, issued checks not qualified notification single, and made following processing: (a) need foreign claims of imports commodity, received with goods people can to test quarantine institutions application test out card; just claims, not need replacement or return of, consignee should retained must number of real or samples; need foreign proposed replacement or return of, consignee must properly custody imports commodity,
    Claims shall not be used before the closing.
    (Ii) failed to pass the checks of imported goods, must be carried out under the supervision of the inspection and quarantine technology, after the newly-qualified, may be sold or used after treatment, the treatment is not possible or is not qualified, the inspection and quarantine authorities order the party to return or destroy.
    26th qualified through inspection and quarantine checks of exported goods, notice of issuance of checks; not qualified, notice of issuing checks failed, and technology under the supervision of inspection and quarantine institutions, after the newly-qualified, prospective export; treatment is not possible, or treated, again failed to pass the test, may be exported.
    27th article without justifiable reason to refuse inspection and don't send or do not send samples of the unit, its products as substandard, refused to accept according to the State administration of quality supervision and inspection of enterprises to public exposure.
    28th inspection and quarantine institutions not to repeat the same commodity inspection, sampling units shall keep evidence of spot check.
    29th spot check unit checks when disagrees with the conclusions of the inspection and quarantine institutions, you can file an application for re-inspection of import and export commodities to reinspect the methods.
    30th in violation of this regulation, in accordance with the relevant provisions of the commodity inspection law and its implementing regulations.
    Fourth chapter supplementary articles article 31st this approach by the AQSIQ to interpret. 32nd article this way come into force on February 1, 2003.
                                                                                                                  Released on April 5, 1994, the former State administration of import and export commodity inspection Bureau of import and export commodities inspection regulations repealed simultaneously.