(Issued by the State Administration for the Inspection of Import and Export Commdities on December 10, 1989)
These Measures are hereby formulated in accordance with theprovisions of Article 5 of the Law on Inspection of Import and ExportCommodities of the People's Republic of China.
Import and export commodities included in the "List ofImport and Export Goods Subject to the Control of Commodities InspectionOrgans" or required by other laws or administrative regulations to beinspected by those organs may be exempted from inspection, if anapplication is filed by the consignee or consignor (hereinafter referredto as "the applicant") and approved by the State Administration for theInspection of Import and Export Commodities.
The applicant may apply for exemption in one of thefollowing circumstances:
(1) If the commodity has won international quality award (in lessthan three years);
(2) If the commodity is proved, through inspection by a commodityinspection organ, to be having stable quality of long-standing by acompetent international organization recognized by the StateAdministration for the Inspection of Import and Export Commodities.
(3) If the quality of an export commodity has been proved 100% reachex-factory standard through inspection by a commodity inspection organfor three years running without dispute; and
(4) If the quality of an import commodity has been proved 100% reachstandard through inspection by a commodity inspection organ and by theusers for three years running, and has been received favourably by theusers and consumers.
For the import or export of non-trade goods within adefinite quantitative limits, the applicant may apply directly to theState Administration for the Inspection of Import and Export Commoditiesfor exemption from inspection by presenting the approval documents,certificates and relevant documents issued by the competent departmentsof provincial, autonomous regisional or municipal people's governmentsor the departments under the State Council, and go through theformalities for clearance with a commodity inspection organ inaccordance with the relevant provisions of these Measures.
Exhibits, gifts and samples to be imported or exported may beexempted from inspection with the approval of the local commodityinspection organs on the strength of the certificates presented by theapplicant who shall then go through the formalities for clearance.
Commodities involving safety and hygienic as well as otherspecial requirements shall not be eligible for exemption frominspection.
The applicant applying for exemption from inspection ofimport and export commodities shall file a written application with theState Administration for the Inspection of Import and ExportCommodities, fill out an application form, and present the relevantdocuments (including certificate of awards, letters of confirmation,certificates of qualification rate, the users' feedback, productiontechnology, quality standards for internal control, testing methods aswell as relevant materials and documents affecting the ultimate qualityof the products).
The applicant for exemption from inspection of export commoditiesshall also present the preliminary examination results of the commodityinspection organs where the applicant is resided and the goods areproduced.
The State Administration for the Inspection of Import andExport Commodities shall organize a group of experts to check up on thecommodities for which exemption from inspection has been requested, theproduction conditions of the manufacturers, the relevant materials andto conduct sample tests of the said commodities.
On the basis of the examination and testing, the group ofexperts for examination shall produce a written examination report andissue an exemption certificate to the applicant which shall be publishedafter approval by the State Administration for the Inspection of Importand Export Commodities.
The valid period of the exemption certificate shall be determined bythe approving organ and shall generally not exceed two years.
The applicant who has obtained approval for exemption frominspection of import or export commodities shall go through formalitieswith a commodity inspection organ for clearance and pay the clearancefees by presenting valid exemption certificates, contracts, letters ofcredit, quality certificates issued after factory inspection of thatconsignment of commodities, and the original inspection records. Forcommodities exempted from inspection that need inspection certificates,the commodity inspection organs may issue such certificates on thestrength of the applicant's inspection results.
The applicant and commodities exempted from inspectionshall be subject to the control of the commodity inspection organs andthe State Administration for the Inspection of Import and ExportCommodities. The commodity inspection organs may conduct sampleinspection of the exempted commodities; and if the quality problems arefound with those commodities, they shall refuse to carry out theclearance procedures and promptly report the matter to the StateAdminitration for the Inspection of Import and Export Commodities. Ifnecessary, they may propose to the said administration to revoke thequalification for exemption from inspection.
After receiving such reports from commodities inspectionorgans or complaints from domestic or overseas users, the StateAdministration for the Inspection of Import and Export Commodities shallorganize a group of experts to conduct sample examination of theexempted commodities, revoke the qualification for those commodities,that do not conform the prescribed conditions, for exemption frominspection and make public announcement.
The applicant who has obtained an approval for exemptionfrom inspection of export commodities shall send semi-annual reports onthe production and the quality of the exempted goods to the StateAdministration for the Inspection of Import and Export Commodities andsubmit copies of the report to the commodity inspection organs at theplace where the applicant and producer are resided.
During the exemption period, the applicant shall not alterthe property, structure or manufacturing process of the commoditiesexempted from inspection. If alterations are made, the applicant mustagain go through the examination and approval formalities for exemptionfrom inspection.
Within four months prior to the expiration of theexemption period, the applicant may apply for continued exemption. Adefinite period may be granted, after re-examination and approval by theState Administration for the Inspection of Import and ExportCommodities.
An applicant who has obtained approval for exemption frominspection of disqualified commodities by fraudulent means or byconcealing the facts to deceive shall be penalized by the StateAdministration for the Inspection of Import and Export Commodities inaccordance with the provisions of the Law on Inspection of Import andExport Commodities of the People's Republic of China, other relevantlaws and administrative regulations.
Those who forge, sell or buy exemption certificates or useexemption certificates of other people shall be penalized in accordancewith the provisions of the Law on Inspection of Import and ExportCommodities of the People's Republic of China, other relevant laws andadministrative regulations.
Inspectors who abuse their power in examining, approvingapplication and routine sample inspection of the goods exempted frominspection shall be punished according to the law based on thecircumstances of each case.
The applicant shall pay the fees for exemption frominspection as stipulated.
When the State Administration for the Inspection of Importand Export Commodities and the commodity inspection organs examine,check up on the goods or conduct sample inspection in the enterprisesproducing the goods for which exemption from inspection has beenrequested, the applicant shall help facilitate their work.
These Measures shall come into force on April 1, 1990.