Article 1 This Law is formulated in order to strengthen the inspection of imported and exported commodities, standardize the inspection of imported and exported commodities, safeguard social public interests and the legitimate rights and interests of all parties involved in import and export trade, and promote the smooth development of foreign economic and trade relations. Article 2 The State Council shall establish an import and export commodity inspection department (hereinafter referred to as the State Commodity Inspection Department) to be in charge of the inspection of import and export commodities nationwide. The import and export commodity inspection agencies set up by the national commodity inspection department in various places (hereinafter referred to as the commodity inspection agencies) manage the import and export commodity inspection work in the areas under their jurisdiction. Article 3 Commodity inspection agencies and inspection agencies established in accordance with the law (hereinafter referred to as other inspection agencies) shall conduct inspections of imported and exported commodities in accordance with the law. Article 4 The inspection of imported and exported commodities shall be based on the principles of protecting human health and safety, protecting the life and health of animals or plants, protecting the environment, preventing fraud, and safeguarding national security. The national commodity inspection department shall formulate and adjust the import and export regulations that must be inspected. The product catalog (hereinafter referred to as the catalog) shall be published and implemented. Article 5 Import and export commodities listed in the catalog shall be inspected by the commodity inspection agency. If the imported goods specified in the preceding paragraph have not been inspected, they are not allowed to be sold or used; if the export commodities specified in the preceding paragraph have not passed the inspection, they are not allowed to be exported. Import and export commodities specified in the first paragraph of this article that meet the conditions for exemption from inspection stipulated by the state may be exempted from inspection upon application by the consignee or consignor and upon review and approval by the national commodity inspection department. Article 6 The mandatory inspection of imported and exported commodities refers to the conformity assessment activities to determine whether the imported and exported commodities listed in the catalog meet the mandatory requirements of the national technical specifications. Conformity assessment procedures include: sampling, inspection and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval and combinations of these. For the inspection of import and export commodities specified in the first paragraph of this article, the commodity inspection agency may adopt the inspection results of the inspection agency; the national commodity inspection department shall implement catalog management of the aforementioned inspection agencies. Article 7 Import and export commodities listed in the catalog shall be inspected in accordance with the mandatory requirements of national technical specifications; if the mandatory requirements of national technical specifications have not yet been formulated, they shall be formulated in a timely manner in accordance with the law. Before they are formulated, they may refer to foreign regulations designated by the national commodity inspection department. Check relevant standards. Article 8 Other inspection agencies may accept the entrustment of foreign trade relations parties or foreign inspection agencies to handle the inspection and appraisal business of import and export commodities. Article 9 Import and export commodities or inspection items that are stipulated by laws and administrative regulations to be inspected by other inspection agencies shall be handled in accordance with the provisions of relevant laws and administrative regulations. Article 10 National commodity inspection departments and commodity inspection agencies shall promptly collect and provide relevant parties with information on import and export commodity inspection. The staff of the national commodity inspection department and commodity inspection agencies have the obligation to keep confidential the commercial secrets they know when performing the duties of import and export commodity inspection.
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Key points for exporting to China
On : February 5, 2024 | By :Masoud Avanloo
| 30 min. read
Exporting to China: The Opportunities (from U.S. for example)
While the risks of exporting to China undoubtedly loom large, the potential rewards to exporting to China may as well. Exporters should identify and cultivate opportunities while building a strategy to minimize the risks. China's status as a global manufacturing powerhouse is a huge driver of growth and potential for exporters. According to the ITA, China's growing middle class will create market opportunities across a number of industries, and the manufacturing economy, which is already 50% larger than the U.S. manufacturing economy, will continue to evolve toward more technology-intensive high value-added production manufacturing. China's rapidly aging population, shrinking labor force, falling return on capital, and the need to provide services to a population with greater expectations, can potentially open opportunities for American exporters, and despite tensions in the U.S.-China bilateral relationship, American products continue to be viewed favorably by Chinese consumers. According to the China Country Commercial Guide, the promising areas for future growth include the following:- Agriculture
- Aviation
- Automotive
- Cosmetics and toiletries
- Design and construction services
- Education
- Energy
- Environmental Technology
- Healthcare
- Export Assistance
U.S. Commercial Service Office in China
One of the first places to consider are your local and in-country U.S. Commercial Service offices. The Commercial Service in-country offices offer U.S. exporters business partners in China—on the ground in the country—and include representation by an agent, distributors or partners who can provide essential local knowledge and contacts that can be critical for your success. You can learn more about in-country offices in our article, Tapping into the U.S. Commercial Service's In-Country Offices.District Export Councils (DECs)
DECs across the country can help exporters by supporting trade and services that strengthen individual companies, stimulate U.S. economic growth, and create jobs. DEC members also serve as mentors to new exporters and can provide advice to smaller companies.Trade Missions
Sponsored by state and local trade offices as well as commercial service offices, trade missions are a great way to get introduced to and network with contacts. Check into them.International Trade Administration (ITA)
The ITA is an excellent resource to help you combat problems. Staff at the ITA are resident experts in advocating for U.S. businesses of all sizes, customizing their services to help solve your trade dilemmas as efficiently as possible. If you find yourself caught in an unfair international trade situation, the ITA is a valuable resource that can expeditiously help you understand and solve your problems. The ITA makes it easy to report a problem, allowing you to submit your report online.U.S.-China Chambers of Commerce
Chambers of commerce may be a way to help you when exporting to China. You can learn more about various chambers in our article, The Chamber of Commerce Role in Exporting.Export Document Requirements for China
When exporting to China, documentation and procedures are critical. The documents you need will vary depending on your products, but include the following:- Bill of lading
- Commercial invoice
- Packing List
- Sales contract
- Proforma invoice
- Certificate of origin signed by a local chamber of commerce
- AES filing
- Customs declaration
- Insurance policy
- Import quota certificate for general commodities (where applicable).
- Import license (where applicable).
- Inspection certificate issued by the General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) or its local bureau (where applicable).
- Other safety or quality licenses.
Chinese Customs Administration, Rules And Regulations
The General Administration of Customs of the People's Republic of China (GACC), the headquarters of China Customs, is a key border agency of the nation. Following the government restructuring in 2018, China Customs now boasts 100,000 staff throughout the country with responsibilities of traditional customs, as well as border health checks, inspection and quarantine for imported and exported animals, plants, and their products, imported and exported food safety, and commodity inspection. GACC oversees 42 customs districts which operate through a total of 678 customs houses nationwide. GACC has its Guangdong office located in Guangzhou for regional coordination. here is the official website for more information : chinese customs adminstration website.
Import and Export Commodity Inspection Law of the People's Republic of China (Adopted at the sixth meeting of the Standing Committee of the Seventh National People's Congress on February 21, 1989, in accordance with the "On Amending the Law of the People's Republic of China" at the twenty-seventh meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2002 The Decision of the Import and Export Commodity Inspection Law was revised for the first time in accordance with the "On Amending the Cultural Relics Protection Law of the People's Republic of China" and other twelve laws at the third meeting of the Standing Committee of the 12th National People's Congress on June 29, 2013. The Decision" was revised for the second time in accordance with the "Decision on Amending Six Laws including the Frontier Health and Quarantine Law of the People's Republic of China" at the second meeting of the Standing Committee of the Thirteenth National People's Congress on April 27, 2018. According to the Decision on Amending Five Laws including the "Product Quality Law of the People's Republic of China" at the seventh meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018, the fourth amendment is based on April 29, 2021 The 28th Session of the Standing Committee of the 13th National People's Congress "Decision on Amending Eight Laws including the Road Traffic Safety Law of the People's Republic of China" was revised for the fifth time)
Import and Export Commodity Inspection Law of the People's Republic of China in 6 chapter and 39 articles
Chapter 1 General Provisions
Chapter 2 Inspection of Imported Goods
Article 11 The consignee or his agent of imported goods that must be inspected by the commodity inspection agency as stipulated in this Law shall apply for inspection to the commodity inspection agency at the place of customs declaration. Article 12 The consignee or his agent of imported goods that must be inspected by the commodity inspection agency as stipulated in this Law shall accept the inspection of the imported goods by the commodity inspection agency at the location and within the time limit specified by the commodity inspection agency. The commodity inspection agency shall complete the inspection within the time limit uniformly prescribed by the national commodity inspection department and issue an inspection certificate. Article 13 If the consignee of imported goods other than the imported goods that must be inspected by the commodity inspection agency as stipulated in this Law finds that the quality of the imported goods is substandard or damaged or in short supply, and requires a certificate issued by the commodity inspection agency to claim compensation, he shall apply to the commodity inspection agency for inspection. certificate. Article 14 For important imported commodities and large complete sets of equipment, the consignee shall conduct pre-inspection, supervision of manufacturing or installation in the exporting country before shipment according to the foreign trade contract, and the competent authorities shall strengthen supervision; the commodity inspection agency may, as necessary, Send inspection personnel to participate.
Chapter 3 Inspection of Export Commodities
Article 15 The consignor or his agent of export commodities that must be inspected by the commodity inspection agency as stipulated in this Law shall apply to the commodity inspection agency for inspection at the location and within the time limit specified by the commodity inspection agency. The commodity inspection agency shall complete the inspection within the time limit uniformly prescribed by the national commodity inspection department and issue an inspection certificate. Article 16 Export commodities that have been inspected by the commodity inspection agency and issued an inspection certificate must be declared for export within the time limit specified by the commodity inspection agency; if the time limit is exceeded, they must be submitted for inspection again. Article 17 Enterprises that produce packaging containers for export of dangerous goods must apply to the commodity inspection agency for performance appraisal of the packaging containers. Enterprises that produce and export dangerous goods must apply to the commodity inspection agency for identification of packaging containers. Dangerous goods using unidentified packaging containers are not allowed to be exported. Article 18 For cabins and containers carrying perishable food for export, the carrier or packing unit must apply for inspection before loading. Products that have not passed the inspection will not be allowed to be shipped.
Chapter 4 Supervision and Management
Article 19 The commodity inspection agencies shall conduct random inspections in accordance with national regulations on import and export commodities other than those that must be inspected by the commodity inspection agencies as stipulated in this Law. The national commodity inspection department may publish the results of random inspections or notify relevant departments of the status of random inspections. Article 20 In order to facilitate foreign trade, commodity inspection agencies may, in accordance with national regulations, conduct quality supervision, management and inspection of export commodities listed in the catalog before leaving the factory. Article 21 The agent who handles the inspection formalities for the consignee and consignee of import and export goods shall submit a power of attorney to the commodity inspection agency when handling the inspection formalities. Article 22 The national commodity inspection department and commodity inspection agencies shall supervise the import and export commodity inspection and appraisal business activities of other inspection agencies in accordance with the law, and may conduct random inspections of the commodities inspected by them. Article 23 The certification and accreditation supervision and administration department of the State Council shall implement certification management of relevant import and export commodities in accordance with the unified national certification system. Article 24 Certification agencies may carry out quality certification of imported and exported commodities in accordance with the agreements signed between the certification and accreditation supervision and administration department of the State Council and relevant foreign institutions or be entrusted by relevant foreign institutions, and are allowed to use quality certification marks on certified imported and exported commodities. . Article 25 The commodity inspection agencies shall, in accordance with this Law, implement verification and management of imported and exported commodities subject to the licensing system, inspect documents, and check whether the certificates and goods are consistent. Article 26 The commodity inspection agency may, as necessary, impose commodity inspection marks or seals on imported and export commodities that have passed inspection. Article 27 If the applicant for inspection of import and export commodities has objections to the inspection results issued by the commodity inspection agency, he may apply for re-inspection to the original commodity inspection agency or its superior commodity inspection agency or the national commodity inspection department. The commodity inspection agency that accepts the re-inspection or the national commodity inspection department The department makes re-inspection conclusions in a timely manner. Article 28 If a party concerned is dissatisfied with the re-inspection conclusion made by the commodity inspection agency or the national commodity inspection department or the penalty decision made by the commodity inspection agency, he may apply for administrative reconsideration in accordance with the law, or he may file a lawsuit with the People's Court in accordance with the law. Article 29 When performing their duties, national commodity inspection departments and commodity inspection agencies must abide by the law, safeguard national interests, strictly enforce the law in accordance with legal powers and legal procedures, and accept supervision. National commodity inspection departments and commodity inspection agencies shall, based on the need to perform their duties in accordance with the law, strengthen team building so that commodity inspection staff have good political and professional qualities. Commodity inspection staff should receive regular business training and assessments. Only after passing the assessment can they take up their posts and perform their duties. Commodity inspection staff must be loyal to their duties, serve in a civilized manner, abide by professional ethics, and must not abuse their powers for personal gain. Article 30: National commodity inspection departments and commodity inspection agencies shall establish and improve internal supervision systems to supervise and inspect the law enforcement activities of their staff. The responsibilities and authorities of the main positions within the commodity inspection agency responsible for accepting inspection applications, inspections, certificates and releases should be clear, separated and restrictive of each other. Article 31 Any unit or individual has the right to accuse and report the illegal and disciplinary behavior of the national commodity inspection department, commodity inspection agencies and their staff. Agencies that receive accusations or reports shall investigate and deal with them in a timely manner in accordance with the law and in accordance with the division of responsibilities, and shall keep the accusers and reporters confidential.
Chapter 5 Legal Liability
Article 32 Anyone who violates the provisions of this Law by selling or using imported commodities that must be inspected by the commodity inspection agency without reporting them to be inspected, or exporting export commodities that must be inspected by the commodity inspection agencies without reporting that they have passed the inspection, shall The illegal gains shall be confiscated by the commodity inspection agency and a fine of not less than 5% but not more than 20% of the value of the goods shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 33 If the import or export of goods is adulterated, fake or substandard goods are passed off, or unqualified import and export goods are passed off as qualified import and export goods, the commodity inspection agency shall order the import or export to stop and confiscate the illegal gains. , and a fine of not less than 50% but not more than three times the value of the goods shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 34 Anyone who forges, alters, trades or steals commodity inspection documents, seals, logos, seals or quality certification marks shall be investigated for criminal liability in accordance with the law; if it is not enough for criminal punishment, the commodity inspection agency and the certification and accreditation supervision and management department shall Their respective responsibilities shall order them to make corrections, confiscate their illegal gains, and impose a fine not exceeding the value of the goods. Article 35 If any staff member of the national commodity inspection department or commodity inspection agency violates the provisions of this Law and leaks known commercial secrets, he or she shall be given administrative sanctions in accordance with the law. If there is any illegal income, the illegal income shall be confiscated; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 36 If any staff member of the national commodity inspection department or commodity inspection agency abuses their power, deliberately creates difficulties, engages in malpractice for personal gain, falsifies inspection results, or neglects their duties and delays inspection and certificate issuance, they shall be given administrative sanctions in accordance with the law; if a crime is constituted, they shall be investigated in accordance with the law. criminal responsibility.
Chapter 6 Supplementary Provisions
Article 37 Commodity inspection agencies and other inspection agencies conduct inspections and handle inspection and appraisal services in accordance with the provisions of this Law, and charge fees in accordance with relevant state regulations. Article 38 The State Council shall formulate implementation regulations in accordance with this Law. Article 39 This Law shall come into effect on August 1, 1989.