Regulations for the Implementation of the Law of China on Import and Export Commodity Inspection

• Area of Law： Commodity Inspection, Animal and Plant Quarantine
• Level of Authority： Administrative Regulations
• Date issued：03-01-2017
• Effective Date：03-01-2017
• Status： Effective
• Issuing Authority： State Council

Regulations for the Implementation of the Law of China on Import and Export Commodity Inspection
(Promulgated by Order No. 447 of the State Council of the People's Republic of China on August 31, 2005; revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on July 8, 2013; and revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016; and amended for the third time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017)
Chapter I General Provisions
Article 1 The present Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on Import and Export Commodity Inspection (hereinafter referred to as the Commodity Inspection Law).
Article 2 The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (hereinafter referred to as the GAQSIQ) shall take charge of the work for import and export commodity inspection countrywide.
The entry-exit inspection and quarantine bureaus and their branches established by the GAQSIQ at the provinces, autonomous regions, and municipalities directly under the Central Government, as well as at the ports, and the distribution centers of import and export commodities (hereinafter referred to as the entry-exit inspection and quarantine organs) shall administer the work for import and export commodity inspection at the place under their jurisdictions.
Article 3 The GAQSIQ shall, according to the provisions of Article 4 of the Commodity Inspection Law, formulate and adjust the Catalog of Import and Export Commodities Subject to Compulsory Inspection (hereinafter referred to as the Catalog), and promulgate it for implementation.
The Catalog shall be promulgated at least 30 days before its implementation; under emergency circumstances, it shall be promulgated no later than the date of its implementation.
The GAQSIQ shall, when formulating and adjusting the Catalog, solicit the opinions of the competent foreign trade department of the State Council and the General Administration of Customs and other relevant departments concerned.
Article 4 The entry-exit inspection and quarantine organs shall conduct inspection (hereinafter called as the statutory inspection) on the import and export commodities listed in the Catalog and other import and export commodities that shall be subject to the inspection of the entry-exit inspection organs as prescribed by laws and administrative regulations.
The entry-exit inspection and quarantine organs shall make random inspection on the import and export commodities that are not subject to statutory inspection in accordance with the state provisions.
Article 5 Quality inspection on import and export medicines, calibration of instruments of measurement, supervision and inspection on the safety of boilers and pressure vessels, inspection on the specifications of ships (including offshore platforms, main equipment and materials for the ships) and containers, inspection on airworthiness of aeroplanes (including the plane's engine and equipment) and safety inspection on nuclear pressure-bearing equipment are to be undertaken by the inspection organs as prescribed by the relevant laws and administrative regulations.
Article 6 Samples and gifts that enter and exit the territory, goods temporarily entering and exiting the territory and other non-trade articles may be exempted from inspection, unless otherwise specified by any law or administrative regulation.
The import and export commodities listed in the Catalog that comply with the conditions for exemption of inspection as prescribed by the state shall be exempted from inspection by the entry-exit inspection and quarantine organs upon the application of the consignees and consigners or the production enterprises and the examination and approval of the GAQSIQ.
The concrete measures for the exemption of inspection shall be formulated by the GAQSIQ through negotiating with the relevant departments.
Article 7 The import and export commodities subject to statutory inspection shall be inspected by the entry-exit inspection and quarantine organs in accordance with the provisions of Article 7 of the Commodity Inspection Law.
The GAQSIQ may, according to the actual need of import and export commodity inspection and the international standard, formulate technical specifications and standards on the method of import and export commodity inspection.
The technical specifications and standards relied on or referred to in the import and export commodity inspection and the technical specifications and standards of the inspection method shall be promulgated at least six months before the day of their implementation; under emergency circumstances, they shall be promulgated no later than the day of their implementation.
Article 8 The entry-exit inspection and quarantine organs shall, upon the need of convenience for foreign trade, make classified management on import and export enterprises, and conduct inspection on import and export commodities in light of the ways of inspection and supervision as determined according to the prevailing international conformity assessment procedures.
Article 9 The contents of inspection on import and export commodities conducted by the entry-exit inspection and quarantine organs shall include: whether the commodities comply with such requirements as safety, sanitation, health, environmental protection, prevention of fraud, and etc., and the relevant quality, quantity and weight, and other items.
Article 10 The entry-exit inspection and quarantine organs shall, according to the provisions of the Commodity Inspection Law, carry out verification administration on the import and export commodities subject to the license system and the compulsory certification as prescribed by the state, check the documentations and verify whether the documentations and the commodities are consistent with each other.
The catalog of import and export commodities subject to verification administration shall be formulated, adjusted and promulgated by the GAQSIQ after negotiating with the relevant departments.
Article 11 The consignees or consigners of the import and export commodities may go through formalities of application for inspection by themselves, or may entrust an agency inspection application enterprise to go through formalities of application for inspections; where commodities are imported and exported by way of express mails, the consignees or consigners shall entrust the entry-exit express mails operation enterprises to handle the formalities of application for inspection.
Article 12 The consignees or consigners of import and export commodities shall, when going through formalities of application for inspection, put this on archives at the entry-exit inspection and quarantine organs according to law.
Article 13 In case any agency inspection application enterprise accepts the entrustment of any consignee or consigner of import and export commodities and handles formalities of application for inspection in the name of the client, it shall submit the power of attorney to the entry-exit inspection and quarantine organ, and shall abide by the various provisions of the present Regulation on the client; if it handles formalities of application for inspection in its own name, it shall undertake the same legal liabilities as those of the consignee or the consigner.
An entry-exit express mails operation enterprise that accepts the entrustment of a consignee or consigner of the import and export commodities shall go through the formalities of application for inspection in its own name, and undertake the same legal liabilities as those of the consignee or the consigner.
In case a client entrusts any agency inspection application enterprise or any entry-exit express mails operation enterprise to handle the formalities of application for inspection, it shall provide the true information on the entrusted matters of application for inspection to the agency inspection application enterprise or the entry-exit express mails operation enterprise; if any agency inspection application enterprise or the entry-exit express mails operation enterprise accepts the entrustment of a client to handle the formalities of application for inspection, it shall make reasonable examination on the truthfulness of the information provided by the client.
Article 14 The GAQSIQ shall establish early warning mechanism on the risk of import and export commodities, and make risk assessment through collecting the information on the import and export commodity inspection, determine the type of risk, and take corresponding early warning measures against the risk and rapid response measures.
The GAQSIQ and the entry-exit inspection and quarantine organs shall provide the information on the import and export commodity inspection to the relevant parties concerned in a timely manner.
Article 15 When the staff members in the entry-exit inspection and quarantine organs perform duties, the relevant entities and individuals shall give cooperation, no entity or individual shall illegally interfere or obstruct.
Chapter II Inspection on Import Commodities
Article 16 The consignees of the import commodities subject to statutory inspection shall apply for inspection to the entry-exit inspection and quarantine organs at the place of customs declaration upon the strength of contracts, invoices, packing lists, bills of lading and other necessary credence and the relevant documents of approval; and within 20 days after the commodities are released by the customs houses, the consignees shall, in accordance with the provisions of Article 18 of the present Regulations, apply for inspection to the entry-exit inspection and quarantine organs. No import commodity subject to statutory inspection that has not been inspected may be sold or used.
With regard to the import commodities subject to verification administration, the consignees shall apply for verification to the entry-exit inspection and quarantine organs at the place of customs declaration. The entry-exit inspection and quarantine organs shall make verification in accordance with the provisions of the GAQSIQ.
Article 17 With regard to the import commodities subject to statutory inspection and the import commodities subject to verification administration, the customs houses shall handle customs clearance formalities upon the strength of the customs clearance form of goods issued by the entry-exit inspection and quarantine organs.
Article 18 The import commodities subject to statutory inspection shall be inspected at the place of destination where the consignees apply for inspection.
The inspection on large commodities in bulk, perishable commodities and solid wastes that may be used as materials, as well as the commodities that are damaged or short shall be conducted at the port of discharge.
For the import commodities as prescribed in the preceding two paragraphs, the GAQSIQ may, upon the need of convenience for foreign trade and import and export commodity inspection, designate that inspection be made on them at other places.
Article 19 Unless otherwise specified by any law or administrative regulation, if any import commodity subject to statutory inspection is not up to the standard after inspection in such items involving personal or property safety, health and environmental protection, the entry-exit inspection and quarantine organ shall order the parties to destroy it, or issue the notice on returning the commodity and inform the customs house in writing, the customs house shall handle the formalities for returning the shipment on the basis of the notice on returning the commodity. If other items of the commodity are not up to the standard, technical treatment shall be made on it under the supervision of the entry-exit inspection and quarantine organ, no commodity may be sold or used until after it has been up to the standard after re-inspection. In case any party applies to the entry-exit inspection and quarantine organ for issuing certificate, the entry-exit inspection and quarantine organ shall issue the certificate in a timely manner.
An entry-exit inspection and quarantine organ shall issue the notice of not allowing the installation and use of the import whole set of equipment and the materials thereof that have not passed the inspection. And no such equipment and the materials thereof may be installed and used until after they have been subject to technical treatment and passed the re-inspection by the entry-exit inspection and quarantine organ.
Article 20 In case the import commodities that are not subject to statutory inspection do not pass the random inspection of the entry-exit inspection and quarantine organs, they shall be treated according to the provisions of Article 19 of the present Regulations
In case any import commodities subject to verification administration do not pass the verification of the entry-exit inspection and quarantine organ, they shall be treated in accordance with the provisions of Article 19 of the present Regulations or transferred to the relevant departments for handling.
If the consignees of the import commodities that are not subject to statutory inspection discover that the quality of the import commodities are not up to the standard or are damaged or short, and apply for issuing certificate, the entry-exit inspection and quarantine organs or other inspection organs shall issue the certificate in a timely manner after inspection.
Article 21 The import commodities within the scope of statutory inspection that concern the national economy and the people's livelihood, with relatively high value and complicated technology and other important import commodities and large whole set of equipment shall be manufactured under supervision, inspected before shipment or loaded under supervision according to the stipulations of the foreign trade contract. The consignees shall keep the rights for final inspection and claims after the goods are received.
The entry-exit inspection and quarantine organs may assign inspectors to take part in or organize the implementation of supervision over the manufacture, inspection before shipment or loading under supervision.
Article 22 The state shall apply a registration system on overseas suppliers and domestic consignees of import solid wastes that may be used as raw materials. An overseas supplier or domestic consignee shall, before signing a foreign trade contract, make registration at the GAQSIQ or the entry-exit inspection and quarantine organ. The state shall implement the system of pre-shipping inspection on the import solid wastes that may be used as raw materials. When such solid wastes are imported, the consignees shall provide the pre-shipping inspection certificate issued by the entry-exit inspection and quarantine organs or the inspection organs.
For the imported high risk old electromechanical products involving personal or property safety, health, or environmental protection and other items, the pre-shipping inspection shall be conducted in light of the relevant state provisions. When the aforesaid products are imported, the consignees shall provide the pre-shipping inspection certificate issued by the entry-exit inspection and quarantine organs or the inspection organs.
After the import solid wastes that may be used as raw materials or the old electromechanical products allowed to be imported by the state are received, the inspection on them shall be conducted by the entry-exit inspection and quarantine organs according to law.
Article 23 After the import motor vehicles are received, the consignees shall apply for obtaining the automobile plates to the vehicle administration organs upon the strength of the certificate of import vehicle inspection or documents issued by the entry-exit inspection and quarantine organs or other documents and certificates signed by the relevant departments. In case any quality defect involving personal or property safety is discovered in the use of any vehicle, the entry-exit inspection and quarantine organ shall make proper treatment in a timely manner.
Chapter III Inspection on Export Commodities
Article 24 The consigners of export commodities subject to statutory inspection shall, at the place and within the time limit as prescribed uniformly by the GAQSIQ, apply for inspection to the entry-exit inspection and quarantine organs upon the strength of the contracts and other necessary credence and the relevant documents of approval. No export commodities subject to statutory inspection may be exported without being inspected or without passing the inspection.
An export commodity shall be inspected at the place of production of the commodity. The GAQSIQ may, upon the need of convenience for foreign trade and the inspection on import and export commodities, designate that the inspection be made at other places.
For the export commodities subject to verification administration, the consigners shall apply for verification to the entry-exit inspection and quarantine organs. The entry-exit inspection and quarantine organs shall make verification on them according to the provisions of the GAQSIQ.
Article 25 In case any export commodity that is inspected at the place of production of the commodity needs to be exported through changing license at a port, the entry-exit inspection and quarantine organ at the place of production of the commodity shall issue the voucher for changing license as required. The consigners shall apply for checking and inspection to the entry-exit inspection and quarantine organ at a port upon the strength of the voucher for changing license and necessary credence within the prescribed time limit. If the commodity has passed checking and inspection, the entry-exit inspection and quarantine organ at the port shall issue the customs clearance form of goods.
Article 26 For the export commodities subject to statutory inspection and the export commodities subject to verification administration, the customs houses shall handle the customs clearance formalities upon the strength of the customs clearance form of goods issued by the entry-exit inspection and quarantine organs.
Article 27 In case any export commodity subject to statutory inspection does not pass the inspection of the entry-exit inspection and quarantine organ or the entry-exit inspection and quarantine organ of a port, technical treatment shall be made on it under the supervision of the entry-exit inspection and quarantine organ, and it cannot be exported until it is up to the standard after re-inspection. If any commodity cannot receive technical treatment or is still not up to the standard after technical treatment or re-inspection, it shall not be exported.
Article 28 The export commodities that are not subject to statutory inspection shall be treated in accordance with the provisions of Article 27 of the present Regulations if they have not passed the random inspection of the entry-exit inspection and quarantine organs.
The export commodities subject to verification administration shall, if they have not passed the verification of the entry-exit inspection and quarantine organs, be handled by referring to the provisions of Article 27 of the present Regulation or be transferred to the relevant departments.
Article 29 An enterprise producing packaging containers of dangerous export goods shall apply to the entry-exit inspection and quarantine organ for a test of the performance of such packaging containers. No packaging container may be used for packing dangerous goods until it has passed the test of the entry-exit inspection and quarantine organ and obtained the performance testing certificate.
An enterprise producing dangerous export goods shall apply for a testing on the use of the packaging containers of dangerous goods to the entry-exit inspection and quarantine organ. No dangerous goods that use packaging containers without being tested or without passing the test may be exported.
Article 30 For the containers, cabins, airplanes, vehicles and other means of delivery that ship the exported perishable food or frozen food, the carriers, loading entities or their agents shall, before shipping, apply to the entry-exit inspection and quarantine organ for cargo worthiness inspection in respect of cleaning, hygiene, freezing, sealing and tightness, and etc.. No means of delivery may be loaded without being inspected or passing the inspection.
Chapter IV Supervision and Administration
Article 31The entry-exit inspection and quarantine institutions may, as needed for facilitating foreign trade, conduct ex-factory quality supervision and inspection of the exported commodities listed in the catalog.
The contents of quality supervision and administration and inspection on export commodities before they are leaving the factories conducted by the entry-exit inspection and quarantine organs shall include the supervision and inspection on the quality assurance work of production enterprises, and the inspection on the export commodities before they are leaving the factories.
Article 32 The state shall implement sanitary registration administration on the production enterprises of import and export food. No production enterprise of export food may produce, process or store export food until it has obtained sanitary registration. No food produced by a production enterprise of import and export food may be imported or exported until the enterprise has obtained sanitary registration.
A production enterprise of import food that is subject to sanitary registration administration shall apply for sanitary registration to the GAQSIQ as required.
A production enterprise of export food that is subject to sanitary registration administration shall apply for sanitary registration to the entry-exit inspection and quarantine organ as required.
In case a production enterprise of export food needs to make sanitary registration abroad, the GAQSIQ shall handle the overseas sanitary registration uniformly after the enterprise has made sanitary registration in accordance with the provisions of paragraph three of this Article.
Article 33 The entry-exit inspection and quarantine organs shall, place commodity inspection marks on the import and export commodities that have passed inspection upon the need, and shall put sealing marks on the import and export commodities that have passed the inspection and on the export commodities that need to be stamped with sealing marks. The concrete measures shall be formulated by the GAQSIQ.
Article 34 The entry-exit inspection and quarantine organs shall take samples from the import and export commodities subject to inspection in light of the relevant provisions. The entry-exit inspection and quarantine organs shall notify the relevant entities to take back the remaining samples after inspection within a prescribed time limit; if the samples fail to be taken back within the time limit, they shall be treated by the entry-exit inspection and quarantine organs.
Article 35 In case an applicant for inspection of import and export commodities is dissatisfied with the inspection conclusion drawn by an entry-exit inspection and quarantine organ, it/he may, within 15 days from the day of receiving the inspection conclusion, apply for re-inspection to the entry-exit inspection and quarantine organ that has drawn the inspection conclusion or to its upper level entry-exit inspection and quarantine organ or even the GAQSIQ. The entry-exit inspection and quarantine organ or the GAQSIQ that accepts the re-inspection shall draw a re-inspection conclusion within 60 days from the day of receiving the application for re-inspection. If the technology for the re-inspection is complicated, and the re-inspection conclusion cannot be drawn within a prescribed time limit, the time limit for re-inspection may be extended properly upon the approval of the person in charge of the organ, but the time limit for extension shall not exceed 30 days.
Article 36 The GAQSIQ or the entry-exit inspection and quarantine organs shall, upon the need of the work for import and export commodity inspection, designate domestic or overseas testing organs that comply with the prescribed qualification conditions to undertake the testing of the import and export commodities entrusted by the entry-exit inspection and quarantine organs. If the designated testing organs do not comply with the requirements after inspection, the GAQSIQ or the entry-exit inspection and quarantine organs may cancel the designation.
Article 37 An inspection institution formed within the territory of the People's Republic of China that engages in the inspection and identification of imported and exported commodities shall undergo the formalities for industrial and commercial registration according to the law, satisfy registered capital, technical capability, and other requirements as prescribed by the relevant laws and administrative regulations and rules, and be subject to the approval of the General Administration of Quality Supervision, Inspection and Quarantine and relevant competent departments, and may conduct inspection and identification of imported and exported commodities for clients only after obtaining a permit.
Article 38 Anyone who is dissatisfied with the inspection and testing business activities of an inspection organ may file a complaint with the GAQSIQ or the entry-exit inspection and quarantine organ.
Article 39 When the GAQSIQ or an entry-exit inspection and quarantine organ conducts supervision and administration or makes investigation into any act that is suspected of violating any law or administrative regulation on import and export commodity inspection, it may consult or copy the relevant contracts, invoices, account books and other relevant materials of the parties concerned. The entry-exit inspection and quarantine organ may seal or detain the import and export commodity that is believed to be not up to the standard in such items involving personal or property safety, health or environmental protection, and etc. upon the approval of the person-in-charge of the organ, unless the goods are under customs supervision.
Article 40 The GAQSIQ and the entry-exit inspection and quarantine organs shall, upon the need of convenience for foreign trade, take effective measures to simplify the procedures and facilitate import and export.
The electronic data documents may be adopted for the handling of such formalities as the application for the inspection, inspection, and testing of import and export commodities that comply with the requirements.
Article 41 The entry-exit inspection and quarantine organs shall, according to the provisions of the relevant laws and administrative regulations, issue the generalized system of preferences certificate of origin and the special certificate of place of origin of the export goods..
The provisions of the relevant laws and administrative regulations shall be followed for the issuance of the general certificate of place of origin of export goods.
Article 42 As to the inspection administration of the entry-exit inspection and quarantine organs on the goods entering and exiting the bonded zones, export processing zones and other special customs supervision areas, as well as the import and export commodities of frontier small amount of trade, the GAQSIQ shall formulate measures separately through negotiation with the General Administration of Customs.
Chapter V Legal Liabilities
Article 43 In case anyone sells or uses without permission any import commodity subject to statutory inspection without applying for inspection or without having the commodity inspected, or sells or uses any import commodity without applying for import verification as it should be, the entry-exit inspection and quarantine organ shall confiscate its/his illegal gains, and impose upon it/him a fine of 5% up to 20% the value of the commodities. If a crime is constituted, it/he shall be subject to criminal liabilities according to law.
Article 44 Anyone who exports without permission any export commodity subject to statutory inspection without applying for inspection or without having the commodity inspected, or exports without permission any export commodity without applying for export checking as it should be, the entry-exit inspection and quarantine organ shall confiscate its/his illegal gains, and impose upon it/him a fine of 5% up to 20% the value of the commodities. If a crime is constituted, it/he shall be subject to criminal liabilities according to law.
Article 45 Anyone who sells or uses any import commodity that has not passed statutory inspection, random inspection or verification, or exports any commodity that has not passed statutory inspection, random inspection or verification, the entry-exit inspection and quarantine organ shall order it/him to stop selling, using or exporting the commodity, confiscate its/his illegal gains and illegally sold, used or export commodity, and impose upon it/him a fine more than the equivalent to or less than 3 times the value of the commodities illegally sold, used or exported. If a crime is constituted, it/he shall be subject to criminal liabilities according to law.
Article 46 In case a consignee, consigner, agency inspection application enterprise or entry-exit express mails operation enterprise, or applicant obtains the relevant documentations of the entry-exit inspection and quarantine organs without providing the true information of the import and export commodities, or fails to apply for inspection on the import and export commodities subject to statutory inspection, evades the inspection on the import and export commodities, the entry-exit inspection and quarantine organs shall confiscate its/his illegal gains, and impose upon it/him a fine of 5% up to 20% the value of the commodities.
In case a consignee or consigner entrusts an agency inspection application enterprise or entry-exit express mails operation enterprise to handle formalities of application for inspection, and obtains the relevant documentations of the entry-exit inspection and quarantine organs without providing the true information on the matters applied for inspection under entrustment to the said enterprises as required, the client shall be punished according to the preceding provisions.
In case any agency inspection application enterprise, entry-exit express mails operation enterprise, or applicant for inspection fails to make reasonable examination on the truthfulness of the information provided or due to negligence in the work, and as a result, the relevant documentations of the entry-exit inspection and quarantine organs are obtained by cheating, the entry-exit inspection and quarantine organs shall give the agency inspection application enterprise or the entry-exit express mails operation enterprise a fine ranging from RMB 20,000 to 200,000 Yuan.
Article 47 Anyone who forges, alters, sells or purchases or steals inspection documentation, seal, mark, sealing mark, customs clearance form of goods or uses the forged or altered inspection documentation, seal, mark, sealing mark, or customs clearance form of goods, which constitutes a crime, shall be subject to criminal liabilities according to law. If it is not serious enough to be subject to criminal liabilities, the entry-exit inspection and quarantine organ shall order it/him to correct, confiscate its/his illegal gains, and impose upon it/him a fine less than the equivalent to the value of the commodities.
Article 48 In case anyone changes the samples selected by the entry-exit inspection and quarantine organ without permission or changes the import and export commodities that have passed the inspection of the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall order it/him to correct and give it/him warnings. If the circumstance is serious, it/he shall be imposed upon a fine of 10% to 50% the value of the commodities.
Article 49 In case anyone imports or exports any food that is subject to sanitary registration administration of the state and is produced by the production enterprise without obtaining sanitary registration, the entry-exit inspection and quarantine organ shall order it/him to stop the import or export, confiscate illegal gains, and impose upon it/him a fine of 10% to 50% the value of the commodity.
In case a production enterprise of import and export food that has obtained the sanitary registration does not comply with the prescribed requirements after examination, the GAQSIQ or the entry-exit inspection and quarantine organ shall order it to rectify within a prescribed time limit. If it still cannot reach the prescribed requirements or has other illegal acts, and the circumstance is serious, it shall be revoked of the certificate of sanitary registration.
Article 50 If an overseas supplier or domestic consignee fails to get the registration or fails to make pre-shipping inspection when it/he imports solid wastes that may be used as raw materials, it/he shall be ordered to return the goods in light of the relevant state provisions. If the circumstance is serious, the entry-exit inspection and quarantine organ shall impose upon it/him a fine ranging from RMB 100,000 to one million Yuan.
In case any overseas supplier or domestic consignee that has obtained registration on the solid wastes that may be used as raw materials violates the relevant state provisions, and the circumstance is serious, the entry-exit inspection and quarantine organ shall revoke its registration.
In case anyone fails to make pre-shipping inspection when importing any old electromechanical products as are allowed by the state, the products shall be returned in accordance with the relevant state provisions. If the circumstance is serious, the entry-exit inspection and quarantine organ shall impose upon it/him a fine of less than RMB one million Yuan concurrently.
Article 51 In case anyone provides or uses any packaging container of dangerous export goods that is not subject to the testing of the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall impose upon it/him a fine of RMB 100,000 Yuan.
Anyone who ships dangerous export goods by providing or using any packaging container that does not pass the testing of the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall impose upon it/him a fine less than RMB 200,000 Yuan.
Article 52 In case anyone exports any perishable food or frozen food by using any container, cabin, airplane or vehicle and other means of delivery without subject to cargo worthiness inspection by the entry-exit inspection and quarantine organ, the entry-exit inspection and quarantine organ shall impose upon it/him a fine less than RMB 100,000 Yuan.
In case anyone provides or uses any container, cabin, airplane or vehicle and other means of delivery that has not passed the inspection of the entry-exit inspection and quarantine organ to carry any perishable food or frozen food for export, the entry-exit inspection and quarantine organ shall impose upon it/him a fine less than RMB 200,000 Yuan.
Article 53 In case anyone changes or damages any commodity inspection mark or sealing mark placed by the entry-exit inspection and quarantine organs, the entry-exit inspection and quarantine organs shall impose upon it/him a fine less than RMB 50,000 Yuan.
Article 54 In case any inspection organ undertakes the inspection and testing of import and export commodity inspection by exceeding its business scope, or violates the relevant state provisions, disturbs the order of inspection and testing, the entry-exit inspection and quarantine organ shall order it to correct, confiscate its illegal gains, or may imposes upon it a fine less than RMB 100,000 Yuan, and the GAQSIQ or the entry-exit inspection and quarantine organ may suspend its inspection and testing business within 6 months. If the circumstance is serious, the GAQSIQ shall revoke its qualification certificate of inspection and testing.
Article 55 Where an inspection application agent enterprise or an exit-entry express delivery operation enterprise violates the relevant state provisions or disturbs the order of inspection application, the exit-entry inspection and quarantine agency shall order it to make correction and confiscate its illegal income, and may impose a fine of not more than 100,000 yuan on it; and AQSIQ or the exit-entry inspection and quarantine institution may suspend its inspection application agent business for not more than six months
Article 56 In case any staff member of the entry-exit inspection and quarantine organs misuses power, purposely creates difficulties to the parties concerned, practices favoritism, falsifies inspection conclusions or is derelict of duty, delays the issuance of license for inspection, he/she shall be given an administrative punishment according to law. If he/she issues the certificate of place of origin of the export goods in violation of the provisions of the relevant laws and administrative regulations, he/she shall be given an administrative punishment according to law, and the illegal gains shall be confiscated. If a crime is committed, he/she shall be subject to criminal liabilities according to law.
Article 57 The money gained by the entry-exit inspection and quarantine organs according to law from the confiscation of commodities, all the confiscated illegal gains and the fines collected shall be turned in to the state treasury.
Chapter VI Supplementary Provisions
Article 58 In case any party is dissatisfied with the re-inspection conclusion of the entry-exit inspection and quarantine organ or the GAQSIQ or is dissatisfied with the penalty decision made by the GAQSIQ or the entry-exit inspection and quarantine organ, it may apply for administrative reconsideration according to law, or may bring a lawsuit to the people's court according to law.
If any party neither executes the decision on penalty within the time limit, nor applies for administrative reconsideration or brings a lawsuit to the people's court, the organ that has made the penalty decision may apply for compulsory enforcement to the people's court.
Article 59 When the entry-exit inspection and quarantine organs conduct statutory inspection, or when the approved inspection organs handle inspection and testing business, they may collect fees in accordance with the relevant state provisions.
Article 60 The present Regulations shall come into force as of December 1, 2005. The Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection as were approved by the State Council on October 7, 1992, and promulgated by the former State Administration of Import and Export Commodity Inspection on October 23, 1992 shall be repealed simultaneously.