Law of the People’s Republic of China on Import and Export Commodity Inspection

 (Adopted at the Sixth Meeting of the Standing Committee of the Seventh National People’s Congress on February 21, 1989, promulgated by Order No.14 of the President of the People’s Republic of China on February 21, 1989, and effective as of August 1, 1989)
Chapter I General Provisions
Chapter II Inspection of Import Commodities
Chapter III Inspection of Export Commodities
Chapter IV Supervision and Administration
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions

Article 1 This Law is enacted with a view to strengthening the inspection of import and export commodities, ensuring the quality of import and export commodities, protecting the lawful rights and interests of the parties involved in foreign trade, and promoting the smooth development of China’s economic and trade relations with foreign countries.

Article 2 The State Council shall establish an Administration for Import and Export Commodity Inspection (hereinafter referred to as the State Administration for Commodity Inspection), which shall be in charge of the inspection of import and export commodities throughout the country. The local import and export commodity inspection authorities (hereinafter referred to as the commodity inspection authorities) set up by the State Administration for Commodity Inspection shall be responsible for the inspection of import and export commodities within areas under their jurisdiction.

Article 3 The commodity inspection authorities and other inspection organizations designated by the State Administration for Commodity Inspection and the commodity inspection authorities shall, in accordance with the law, perform the inspection of import and export commodities.

Article 4 The State Administration for Commodity Inspection shall, in the light of the needs in the development of foreign trade, make, adjust and publish a List of Import and Export Commodities Subject to Inspection by the Commodity Inspection Authorities (hereinafter referred to as the List of Commodities).

Article 5 Import and export commodities which are included in the List of Commodities and import and export commodities subject to inspection by the commodity inspection authorities under other laws or administrative rules and regulations must be inspected by the commodity inspection authorities or inspection organizations designated by the State Administration for Commodity Inspection or the commodity inspection authorities. No permission shall be granted for the sale or use of import commodities specified in the preceding paragraph until they have undergone inspection; and no permission shall be granted for the export of export commodities specified in the preceding paragraph until they have been found to be up to standard through inspection. Import and export commodities specified in the first paragraph of this Article may be exempted from inspection upon the examination and approval of an application from the consignee or consignor by the State Administration for Commodity Inspection.

Article 6 Inspection on import and export commodities performed by the commodity inspection authorities shall cover quality, specifications, quantity, weight, packing and the requirements for safety and hygiene. Import and export commodities governed by compulsory standards or other inspection standards which must be complied with as provided for by laws or administrative rules and regulations shall be inspected in accordance with such inspection standards; in the absence of such stipulations, import and export commodities shall be inspected in accordance with the inspection standards agreed upon in the foreign trade contracts.

Article 7 Import and export commodities or items subject to inspection by other inspection organizations under laws or administrative rules and regulations shall be inspected in accordance with the provisions of relevant laws or administrative rules and regulations.

Article 8 The State Administration for Commodity Inspection and the commodity inspection authorities shall collect information on the inspection of import and export commodities and make it available to the relevant circles.