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| Measures for the Control of the Inspection of Import and Export Commodities in Xiamen | |||||
| 更新时间：2007-5-2 | |||||
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XIAMEN SPECIAL ECONOMIC ZONE MEASURES FOR THE CONTROL OF THE INSPECTION OF IMPORT AND EXPORT COMMODITIES IN XIAMEN (Issued on June 10, 1985 by the Xiamen Municipal People's Government) These Measures are formulated in accordance with the Regulations on the Inspection of Import and Export Commodities of the People's Republic of China (hereinafter referred to as Regulations on Commodity Inspection) and the Detailed Implementation Rules on the Inspection of Import and Export Commodities of the People's Republic of China (hereinafter referred to as Detailed Implementation Rules), in order to strengthen control of inspection and supervision of import and export goods in the Xiamen Special Economic Zone and at Xiamen port. @@ Article 1. The Xiamen Bureau for Import and Export Commodity Inspection of the People's Republic of China (hereinafter referred to as the Commodity Inspection Bureau), which is under the direct leadership of the State Administration of Import and Export Commodity Inspection, is the organ in charge of exercising overall supervision and control of the inspection of import and export goods in the Xiamen area and Xiamen port. The Commodity Inspection Bureau acts in conformity with the principle that "all import and export goods must be inspected", as stipulated in the Regulations on Commodity Inspection, under which uninspected import goods are not permitted to be installed for production, to be sold or to be used, while uninspected export goods or those proven to be unqualified after inspection are not permitted to be exported. @@ Article 2. Consignees, end-users, producers, operators, storage and transport departments involved in handling import and export goods in the Xiamen area,as well as inspection bodies appointed by the Commodity Inspection Bureau shall all be subject to the supervision and inspection of the Commodity Inspection Bureau. All parties concerned shall co-operate closely over commodity inspection work. @@ Article 3. A compulsory inspection shall be conducted by the Commodity Inspection Bureau on the following: import and export goods listed in the Classification Schedule of Commodities Subject to Inspection by Commodity Inspection Organs (hereinafter referred to as the Classification Schedule); goods requiring certification by the Commodity Inspection Bureau as stipulated in foreign trade contracts; foodstuffs and animal products for export subject to hygiene and quarantine inspection; vessel holds and containers in which export cereals, oils, foodstuffs and frozen goods are stored; and on the authentication of the packing of dangerous goods. @@ Article 4. Consignees and end-users shall promptly report to the Commodity Inspection Bureau for inspection when import goods listed under the Classification Schedule and import goods needing certification by the Commodity Inspection Bureaus as specified in foreign trade contracts arrive at the port. The unit making the declaration must provide the Commodity Inspection Bureau with a complete set of documents required for inspection and complete an import commodity inspection form. Customs authorities will release the above-mentioned goods only after clearance seals have been affixed by the Commodity Inspection Bureau on the customs import declaration form. After making a declaration to the Commodity Inspection Bureau, consignees and end-users will conduct self-inspection of import goods not listed in the Classification Schedule in strict accordance with the contract or related standards, and will submit their inspection results to the Commodity Inspection Bureau for verification within the validity period of the claim. Otherwise, the second penalty item under Article 39 of the Detailed Implementation Rules will be applied. A party who requires to lodge a claim against a foreign exporter for damaged goods discovered in the self-inspection process must approach the Commodity Inspection Bureau for reinspection 20 days prior to the termination of the validity period of the claim, and the Commodity Inspection Bureau shall issue a certificate of claim against a foreign exporter. Departments handling import goods and consignees and end-users involved in filing claims for damaged import goods certified by the Commodity Inspection Bureau shall promptly lodge their claims with the foreign exporters and shall inform the Commodity Inspection Bureau of the outcome of their claims. @@ Article 5. Consignees, end-users or agents for the receipt and transport of imported goods must promptly apply to the Commodity Inspection Bureau for authentication of damaged import goods discovered at a Xiamen port (e.g. harbour, railway station, airport, etc.) and, in addition, submit a list of the damaged goods or commercial records signed by the carriers. Damaged goods shall be unloaded and stored separately. @@ Article 6. Consignees and end-users shall promptly report the arrival of complete sets of imported equipment in the Xiamen area to the Commodity Inspection Bureau and at the same time conduct an inspection in accordance with the relevant provisions. Where complete sets of key equipment have been imported, the Commodity Inspection Bureau shall send personnel to the factory to supervise the inspection. Where sets are uninspected or do not pass the inspection, the Commodity Inspection Bureau will issue a notice stating that "Installation or Use is Forbidden" as the case may be. Installation or use will only be permitted after that notice has been cancelled. been cancelled. @@ Article 7. Units which import motor vehicles shall promptly contact the Commodity Inspection Bureau for registration. The user of an imported vehicle, be it a unit or an individual, will apply to the motor vehicle department of the Public Security Bureau for the issue of registration plates, on presentation of a certificate issued by the Commodity Inspection Bureau, and shall also submit an inspection report to the Commodity Inspection Bureau one month prior to the termination of the warranty term. @@ Article 8. Organisations handling export goods listed under the Classification Schedule, export goods subject to certification by the Commodity Inspection Bureau as stipulated in foreign trade contracts, and export foodstuffs and animal products subject to health and quarantine inspection shall submit, seven days before shipment of these goods (for goods with a longer inspection cycle, a specific time limit shall be determined separately), the contract, letter of credit, inspection certificate issued by the factory, and the criteria upon which the inspection was based, to the Commodity Inspection Bureau for inspection. Customs authorities will release the goods for export based on inspection certificates or clearance seals issued by the Commodity Inspection Bureau. @@ Article 9. Factories, mines and other enterprises engaged in the production of export goods in the Xiamen area shall register with the Commodity Inspection Bureau, which may either station personnel in the factory or temporarily send personnel to the factory to conduct inspections, perform random reinspections on some inspected goods, or undertake inspections on samples randomly selected. Where necessary joint inspections will be carried out in conjunction with the relevant departments in charge. Where key export goods are concerned, a quality licence system will be adopted under which the Commodity Inspection Bureau will conduct a reinspection of such goods every two years and will order those enterprises neglectful of product quality to improve their work. In serious cases where enterprises still cannot meet the quality requirement of export goods within the time limit set up by the Commodity Inspection Bureau, either their registration will be cancelled or their quality licence suspended, and their products will not be permitted to be exported. @@ Article 10. Factories or warehouses engaged in the production and export of foodstuffs in the Xiamen area must, in accordance with the provisions of the Pr ocedures for the Administration of the Hygiene of Export Foodstuffs of the People's Republic of China (for trial implementation), apply to the Commodity Inspection Bureau for registration. The above-mentioned factories or warehouses will only be permitted to produce or store export foodstuffs if they conform to the Minimum Hygiene Requirements for Factories and Warehouses Producing or Storing Export Foodstuffs and obtain registration certificates and an approval number. Goods produced by or stored in factories and warehouses without registration and an approval number are not permitted to be exported. @@ Article 11. Vessel holds and containers in which perishable goods such as cereals, oils, foodstuffs or frozen goods are to be stored shall be submitted by their carriers, consignors and container-loading departments or their agents to the Commodity Inspection Bureau for inspection two days before shipment. If holds and containers meet the technical criteria for shipment, the Commodity Inspection Bureau will issue a certificate; otherwise consignors and carriers holding these goods shall not be permitted to ship the goods. @@ Article 12. The following provisions shall be applied to the inspection and supervision of import and export goods handled by enterprises with sole foreign investment. Sino-foreign joint equity ventures, and Sino-foreign co-operative enterprises in the Xiamen Special Economic Zone: (1) Goods under the Classification Schedule imported by wholly-owned enterprises with sole foreign investment and raw and auxiliary materials imported from a third party abroad by Sino-foreign joint equity ventures and Sino-foreign co-operative enterprises may be exempt from legal inspection and apply for authentication based upon notarization. (2) Also exempt from legal inspection but subject to authentication based on notarization are those export goods under the Classification Schedule produced by enterprises with sole foreign investment, Sino-foreign joint equity ventures and Sino-foreign co-operative enterprises and bearing no such marks as "Made in the People's Republic of China" or trademarks registered in China. However, where such export goods are concerned with hygiene and safety, the Commodity Inspection Bureau will still exercise control of inspection and supervision. (3) Good produced by enterprises with sole foreign investment, Sino-foreign joint equity ventures and Sino-foreign co-operative enterprises to be shipped from Special Economic Zones to other areas China will be regarded as import goods, and will therefore undergo inspection and supervision in accordance with the relevant provisions. (4) Export goods produced by enterprises with sole foreign investment, Sino-foreign joint equity ventures and Sino-foreign co-operative enterprises which are in conformity with the law of the Chinese government and the standards for preferential treatment of preference-giving countries may apply for certificates of origin used in the Generalised System of Preferences. (5) Provisions under this Article may be used as reference with regard to import goods handled by wholly-owned foreign enterprises, Sino-foreign joint equity ventures and Sino-foreign co-operative enterprises which are located outside the Xiamen Special Economic Zone. @@ Article 13. The Commodity Inspection Bureau undertakes cross-district inspection of import and export goods upon requests by foreign trade enterprises in China and their counterparts abroad. Foreign trade enterprises shall consult with the Commodity Inspection Bureau should they encounter any uncertainties or have special requirements pertaining to inspection clauses raised by their foreign counterparts when signing import and export contracts, and shall send copies of their contracts to the Commodity Inspection Bureau after contracts are signed. @@ Article 14. Goods under the Classification Schedule shipped from within or outside Fujian province to the Xiamen port for export, as well as goods involving hygiene and safety, shall be submitted, together with the certificates issued by commodity inspection bodies in other places, to the Commodity Inspection Bureau for verification and shall be released for export only upon completion of verification and the issue of new certificates. @@ Article 15. Production, operations, storage and transport departments shall strengthen their supervision of such aspects as quality, weight, quantity, packing and batches of goods and load and unload goods carefully so as to keep the goods in good condition and prevent packing from being damaged. When the goods are shipped, attention shall be paid to checking the batch number so as to ensure the conformity of the goods with the relevant documents. @@ Article 16. The Xiamen branch of the China National Import and Export Commodity Inspection Corporation is nominated by the Commodity Inspection Bureau to exclusively handle authentication of notarizations in foreign trade Upon requests by foreign trade counterparts or commissions by inspecting bodies abroad, the Xiamen branch will conduct authentication of quality, weight, quantity, packing and marks of import and export goods; measure cargo tonnage; handle the inspection of technical requirements for transportation such as cleaning, sealing and refrigerating; authenticate volu me measurement; inspect ship hatches; supervise loading and unloading; inspect the loading and unpacking of containerised goods, as well as damaged goods; authenticate goods damaged at sea; seal samples; issue certificates of origin and certificates of value; and handle authentications of other notarizations, etc. @@ Article 17. When the Commodity Inspection Bureau sends its personnel to factories, ports, airports, railway station, ships, warehouses and construction sites to perform their duty, the units concerned shall provide the necessary working conditions, gratis, while those reporting to the Commodity Inspection Bureau for inspection of their goods shall supply the necessary supplementary manpower and facilities, etc., gratis. @@ Article 18. The Commodity Inspection Bureau must act conscientiously in accordance with the national policy on commodity inspection, exercise effective inspection and supervision of import and export commodities, and present regular reports on the the quality of import and export commodities to the Xiamen Municipal People's Government and other relevant departments in charge. @@ Article 19. With regard to those key import and export commodities in the Xiamen area, the Commodity Inspection Bureau shall formulate a Classification Schedule of Commodities Subject to Inspection in the Xiamen Special Economic Zone. Upon ratification by the Xiamen Municipal People's Government, this Schedule will be observed in the implementation of local legal inspection. @@ Article 20. The Commodity Inspection Bureau shall penalise at its discretion pursuant to related penalty provisions those who ignore the import and export inspection and violate provisions contained in the Regulations on Commodity Inspection and Detailed Implementation Rules and other provisions pertaining to import and export supervision. @@ Article 21. The right to interpret, revise and supplement these Measures rests with the Xiamen Bureau for Import and Export Commodity Inspection. report to the Commodity Inspection Bureau for inspection when import goods listed under the Classification Schedule and import goods needing certification by the Commodity Inspection Bureaus as specified in foreign trade contracts arrive at the port. The unit making the declaration must provide the Commodity Inspection Bureau with a complete set of documents required for inspection and complete an import commodity inspection form. Customs authorities will release the above-mentioned goods only after clearance seals have been affixed by the Commodity Inspection Bureau on the customs import declaration form. After making a declaration to the Commodity Inspection Bureau, consignees and end-users will conduct self-inspection of import goods not listed in the Classification Schedule in strict accordance with the contract or related standards, and will submit their inspection results to the Commodity Inspection Bureau for verification within the validity period of the claim. Otherwise, the second penalty item under Article 39 of the Detailed Implementation Rules will be applied. A party who requires to lodge a claim against a foreign exporter for damaged goods discovered in the self-inspection process must approach the Commodity Inspection Bureau for reinspection 20 days prior to the termination of the validity period of the claim, and the Commodity Inspection Bureau shall issue a certificate of claim against a foreign exporter. Departments handling import goods and consignees and end-users involved in filing claims for damaged import goods certified by the Commodity Inspection Bureau shall promptly lodge their claims with the foreign exporters and shall inform the Commodity Inspection Bureau of the outcome of their claims. @@ Article 5. Consignees, end-users or agents for the receipt and transport of imported goods must promptly apply to the Commodity Inspection Bureau for authentication of damaged import goods discovered at a Xiamen port (e.g. harbour, railway station, airport, etc.) and, in addition, submit a list of the damaged goods or commercial records signed by the carriers. Damaged goods shall be unloaded and stored separately. @@ Article 6. Consignees and end-users shall promptly report the arrival of complete sets of imported equipment in the Xiamen area to the Commodity Inspection Bureau and at the same time conduct an inspection in accordance with the relevant provisions. Where complete sets of key equipment have been imported, the Commodity Inspection Bureau shall send personnel to the factory to supervise the inspection. Where sets are uninspected or do not pass the inspection, the Commodity Inspection Bureau will issue a notice stating |
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