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Administrative Provisions on Chinese Import and Export Commodity Inspetion Marks          【字体:
Administrative Provisions on Chinese Import and Export Commodity Inspetion Marks
更新时间:2007-5-2
  1989.08.01
STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT & EXPORT COMMODITY
 ADMINISTRATIVE  PROVISIONS ON CHINESE IMPORT AND EXPORT COMMODITY
INSPECTION MARKS
 (Promulgated  by  the  State  Administration of Import and Export
Commodity Inspection on July 31, 1989)
CONTENTS
CHAPTER I GENERAL PROVISIONS
 CHAPTER  II  APPLICATION,  EXAMINATION  AND  ADMINISTRATION OF
COMMODITY INSPECTION MARKS
CHAPTER III SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PROVISIONS
 @@  Article 1. These Provisions are formulated for implementation on
import and  export  commodity  inspection  marks in accordance with
Articles 19, 22 and 23 of "the Laws of the People's Republic of China
on  Import  and Export Commodity  Inspection" and "Administrative
Provisions  on Quality Supervision of  Import Commodities" issued
jointly by the State Administration of Import and  Export Commodity
Inspection,  the  State  Economic  Commission,  the Ministry  of
Foreign  Economic  Relations  and  Trade  and  Customs General
Administration of the People's Republic of China.
 @@  Article  2.  These  Provisions are applicable for varieties of
commodity inspection  marks used for inspection, accreditation and
quality licence system of import and export commodities.
 @@  Article  3.  The  State Administration of Import and Export
Commodity Inspection of the People's Republic of China (hereinafter
referred to as the  State Administration of Commodity Inspection)
shall exercise unified control of granting commodity inspection marks
and their usage in the whole country. The local import and export
commodity  inspection authorities (hereinafter  referred to as the
commodity inspection authorities) set up by the State Administration
of  Commodity  Inspection  are responsible for management work of
granting  commodity  inspection marks, their usage and supervisions of
commodities in regions under their jurisdictions.
  @@  Article  4.  Any  enterprises dealing with processing and
manufacture of export commodities, or foreign trade departments within
the  boundary  of  the People's  Republic  of China, or foreign
manufacturers or their agents, from whom commodities are imported,
may  volunteer to apply to the State Administration of Commodity
Inspection  or  relative  commodity inspection authorities  for
commodity inspection marks in accordance with these Provisions.
 CHAPTER  II  APPLICATION,  EXAMINATION  AND  ADMINISTRATION OF
COMMODITY INSPECTION MARKS
 @@  Article  5.  For  these export commodities in relation to
safety or sanitation  and  having  won the title of super quality
products  of  national  level  or  super  quality  products  of
provincial  level for two years in succession,  the  applicant  can
apply  to  local

  commodity  inspection authorities  for  "Safety
Marks", "Sanitation Marks" and "quality Marks" separately.
 @@  Article  6. For those import commodities under quality licence
system, the applicant must apply for "Safety Marks"; for other import
commodities, the  applicant may volunteer to apply to the State
Administration of Commodity  Inspection or its designated commodity
inspection authorities for "Quality Marks".
 @@  Article  7.  When  applying to the State Administration of
Commodity Inspection  or relative commodity inspection authorities
for  commodity inspection marks according to these Provisions, the
applicant shall fill out the application form and attach manufacture
and testing conditions and relevant information.
 @@  Article  8.  After  receipt of the application form and
relevant information, the relative commodity inspection authorities,
in accordance with  the  standard  of  examination issued by the
State  Administration  of  Commodity  Inspection,  shall  perform
inspection and examination of samples concerned,  manufacture and
testing  conditions  alone or jointly with the other  departments
concerned.   Those  commodities  conforming  with  the following
requirements  can  be  approved  to  use  corresponding commodity
inspection  marks  and import commodities must be reported to the
State Administration of Commodity Inspection for approval.
 1.  For  these export commodities conforming with the State or
international safety standards and provisions concerned and those
import commodities conforming with the State laws and regulations
or standards on safety, Safety Marks can be used.
 2.  For  those  export  commodities  conforming with the State
foodstuffs  sanitation  standards  or  other  sanitation standards
concerned, Sanitation Marks can be used.
 3. For those import commodities conforming with the standard of
super quality products of national level or foreign advanced standards,
and those import commodities conforming with the stipulations of
foreign  trade contract or quality standards of foreign manufacturers
Quality Marks can be used.
 @@  Article  9. All import and export commodities which commodity
inspection  marks  are  attached  to must accept inspection and
supervision performed by the commodity inspection authorities.
 @@  Article  10. if the commodities are found substandard twice
through inspection  or  random inspection and the responsibility is
on the side of the applicant, the commodity inspection marks shall be
revoked.
 @@  Article  11.  When  the  production conditions and testing
conditions of processing  manufacturers change, the applicant should
reapply for commodity inspection marks. Only after the commodities
are up to a standar

d through examination, the commodity inspection
marks can be used.
 @@  Article 12. Commodity inspection marks shall be managed by a
person appointed  by the applicant and attached at obvious places on
the import and export commodities or their packaging.
 @@ Article 13. For those import and export commodities having
been approved  to  use commodity inspection marks, the applicant may
make use of advertisement for propaganda and the words used for the
advertisement must the  reported  to the State Administration of
Commodity Inspection for approval in advance.
 @@ Article 14. No commodity inspection marks are permitted to be
used, falsified  or  transferred  purposely.  Anyone  who  is in
violation of the provisions  shall  be  punished according to the
provisions concerned of the Law of the People's Republic of China
on  Import and Export Commodity Inspection, and the commodities which
commodity inspection marks have been attached to purposely shall be
recalled.
CHAPTER III SUPPLEMENTARY ARTICLES
 @@  Article  15. As per the complicated extent of inspection and
examination of  varieties of commodities, the inspection fees shall
be collected from the  applicant by the State Administration of
Commodity  Inspection or relative commodity inspection authorities. If
the commodities are not up to the  standard through inspection,
inspection fees shall be collected again for re-application.
 @@  Article 16. When using commodity inspection marks, the applicant
should pay the cost of the production of commodity inspection marks.
 @@  Article  17.  The  designs  of commodity inspection marks
shall  be  promulgated  in  a  unified  way  by  the  State
Administration of Commodity Inspection.
 @@  Article 18. The right to interpret these Provisions resides
in the State Administration of Commodity Inspection.
@@ Article 19. These Provisions shall be implemented from August 1,
1989 and  "Administrative  Provisions on Chinese Commodity Inspection
Marks"  (For Trial) issued on Dec. 28, 1987 shall be abolished
simultaneously.



  commodity  inspection authorities  for  "Safety
Marks", "Sanitation Marks" and "quality Marks" separately.
 @@  Article  6. For those import commodities under quality licence
system, the applicant must apply for "Safety Marks"; for other import
commodities, the  applicant may volunteer to apply to the State
Administration of Commodity  Inspection or its designated commodity
inspection authorities for "Quality Marks".
 @@  Article  7.  When  applying to the State Administration of
Commodity Inspection  or relative commodity inspection authorities
for  commodity inspection marks according to these Provisions, the
applicant shall fill out the application form and attach manufacture
and testing conditions and relevant information.
 @@  Article  8.  After  receipt of the application form and
relevant information, the relative commodity inspection authorities,
in accordance with  the  standard  of  examination issued by the
State  Administration  of  Commodity  Inspection,  shall  perform
inspection and examination of samples concerned,  manufacture and
testing  conditions  alone or jointly with the other  departments
concerned.   Those  commodities  conforming  with  the following
requirements  can  be  approved  to  use  corresponding commodity
inspection  marks  and import commodities must be reported to the
State Administration of Commodity Inspection for approval.
 1.  For  these export commodities conforming with the State or
international safety standards and provisions concerned and those
import commodities conforming with the State laws and regulations
or standards on safety, Safety Marks can be used.
 2.  For  those  export  commodities  conforming with the State
foodstuffs  sanitation  standards  or  other  sanitation standards
concerned, Sanitation Marks can be used.
 3. For those import commodities conforming with the standard of
super quality products of national level or foreign advanced standards,
and those import commodities conforming with the stipulations of
foreign  trade contract or quality standards of foreign manufacturers
Quality Marks can be used.
 @@  Article  9. All import and export commodities which commodity
inspection  marks  are  attached  to must accept inspection and
supervision performed by the commodity inspection authorities.
 @@  Article  10. if the commodities are found substandard twice
through inspection  or  random inspection and the responsibility is
on the side of the applicant, the commodity inspection marks shall be
revoked.
 @@  Article  11.  When  the  production conditions and testing
conditions of processing  manufacturers change, the applicant should
reapply for commodity inspection marks. Only after the commodities
are up to a standar

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