Measures of Re-inspection on Entry and Exit Cargos
(Issued by Decree No. 77 of the General Administration of Quality Supervision, Inspection and Quarantine on June 1, 2005, the amendment is made in accordance with Decree No. 238 the Amendment of Some Provisions of the General Administration of Customsissued by the General Administration of Customs on April 28, 2018)
Chapter I General Provisions
Article I. These Measures are formulated in accordance with the provisions of the Law of the People’s Republic of China on Import and Export Commodity Inspection and its implementing regulations in order to strengthen the inspection of import and export cargos, regulate the re-inspection of import and export cargos, and safeguard the legitimate rights and interests of all parties concerned in foreign trade.
Article II. If the inspection applicant for import and export cargos (hereinafter referred to as the inspection applicant) disagrees with the result of an inspection made by the customs, he/she shall apply for re-inspection in accordance with the provisions of laws and regulations.
Article III. The General Administration of Customsshall uniformly administer the re-inspection of import and export cargos throughout the country, and the re-inspection of import and export cargos shall be carried out by the accepted customs.
Article IV. The re-inspection shall follow the principles of fairness, openness and fairness.
Chapter II Application and Acceptance
Article V. If the inspection applicant disagrees with the results of the inspection made by the competent customs, he/she may apply to the competent customs or the customs at the next higher level for re-inspection, or the General Administration of Customs for re-inspection.
For the same inspection result, the inspection applicant shall only apply to the same customs for one-time re-inspection.
Article VI. An application for re-inspection shall be submitted within 15 days from the date of receiving the inspection results from the customs.
If the application for re-inspection cannot be applied due to force majeure or other justifiable reasons, the application period shall be suspended. The application period shall continue to be counted from the date of termination of the suspension.
Article VII. When applying for re-inspection, the inspection applicant shall ensure (hold) that the quality, weight and quantity of the cargos originally reported for inspection are in conformity with the state of the original inspection, and retain the packaging, sealing and marking thereof.
Article VIII. When applying for re-inspection, the inspection applicant shall fill in the application form for re-inspection truthfully according to regulations, and provide the certificate sheet and materials provided by the original inspection applicant and the inspection certificate issued by the original customs.
The inspection applicant shall be responsible for the authenticity and validity of the documents and information provided.
Article IX. The customs shall, within 15 days from the date of receipt of the application for re-inspection, examine the application for re-inspection and deal with it as follows:
(I) If the application for re-inspection meets the requirements of these Measures, it shall be accepted and a Notice of Acceptance of Re-examination Application shall be issued to the re-inspection applicant;
(II) If the application for re-inspection is incomplete in content or the documents attached with the certificate are incomplete, the inspection applicant shall be issued a Notice of Supplement and Correction of the Application Materials for Re-inspection and rectifyit within the time limit.If the application is not rectified within the time limit, the application shall be deemed to have been withdrawn;
(III) If the application for re-inspection fails to meet the provisions of these Measures, it shall not be accepted, and a Notice of Non-acceptance of the Application for Re-inspection shall be issued, which shall be notified in writing to the re-inspection applicant and the reasons therefor.
Article Ⅹ. The re-inspection applicant shall pay the re-inspection fee in accordance with the relevant provisions.
Where the re-inspection conclusion determines that the responsibility belongs to the original customs, the re-inspection fees shall be paid by the original customs.
Chapter III Organizational and Implementation
Article XI. After accepting the re-inspection, the customs shall form a re-inspection working group within 5 days and notify the re-inspection applicant of the list of the working groups.
The number of re-inspection group members shall be 3 or 5.
Article XII. Where there-inspection applicant considers that any member of the re-inspection working group has an interest in the re-inspection work or that other factors may affect the impartiality of the re-inspection, he/she shall, within 3 days from the date of receiving the list of the members of the re-inspection working group, apply to the customs that accepts the re-inspection to withdraw the member and provide the corresponding evidential materials.
The customs shall, within 3 days from the date of receiving the application for withdrawal, make a decision on whether to withdraw or refuse.
Article XIII. The customs which has made the original inspection results shall provide the original inspection records and other relevant materials to the re-inspection working group.
The re-inspection applicant has the obligation to cooperate with the re-inspection work of the re-inspection working group.
Article XIV. The re-inspection working group shall formulate a re-inspection plan and organize its implementation:
(I) To examine the application form, relevant documents and materials for re-examination of re-inspection applicant. If the re-inspection applicant does not meet the conditions for re-inspection after examination, he/she may be notified in writing to suspend the re-inspection and explain the reasons. After the re-inspection applicant has conformed to the re-inspection implementation conditions, he/she shall continue the re-inspection work from the day when the conditions are met;
(II) To examine whether the standards and methods on which the original inspection was based are correct and shall comply with the relevant provisions;
(III) To check the batch number, mark, number, quality, weight, quantity, packaging and appearance of the cargos, and to take samples in accordance with the provisions of the re-inspection plan;
(IV) To conduct inspection in accordance with the operating procedures;
(V) To examine and verify the results of the re-inspection and to evaluate the results of the original inspection.
Article XV. The customs that accepts the re-inspection shall make a conclusion of re-inspection within 60 days from the date of accepting the application for re-inspection. Where the technology is so complex that the conclusion of the re-inspection cannot be made within the prescribed time limit, the extension may be appropriately determined with the approval of the person in charge of the organ, but the extension period shall not exceed 30 days at most.
Article XVI. If the re-examination applicant is not satisfied with the conclusion of re-examination, he/she may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article XVII. Samples taken in the course of re-inspection shall be properly disposed of in accordance with relevant provisions on inspection samples.
Article XVIII. The customs officials shall strictly abide by the provisions of national laws and regulations and shall carry out the re-inspection in accordance with the provisions of these Measures.
Chapter IV Supplementary Provisions
Article XIX. If the consignor of import cargos or the consignee of export cargos disagrees with the results of inspection made by the customs, relevant provisions of these Measures may be referred to.
Article XX. The documents stipulated in these Measures shall be separately formulated and promulgated by the General Administration of Customs.
Article XXI. The General Administration of Customsshall have the right to interpret these Measures.
Article XXII. These Measures shall come into effect as of October 1, 2005, and the Measures for Re-inspection of Import and Export Cargosissued by the former State Administration of Commodity Inspection on June 1, 1993 shall be abrogated simultaneously.
(All information in the documents are authentic in Chinese and their English versions are provided for reference only. In case of any discrepancy, the Chinese versions shall prevail.)