Chapter I General provisions
Article 1 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 for the purpose of standardizing the Customs inspection and acceptance of Import and Export commodities。
Article 2 These Measures shall apply to the acceptance of the inspection results of the credit inspection institutions by the Customs in the inspection of import and export commodities, as well as the supervision and administration of the acceptance institutions。
Article 3 The General Administration of Customs shall be in charge of the inspection and approval of import and export commodities。
The Customs directly under and under the jurisdiction of the Customs shall, in accordance with law, carry out the work of obtaining credit in the inspection of import and export commodities。
Article 4 The term "acceptance of credit" as mentioned in these Measures refers to the behavior of the customs taking the inspection results of the acceptance institutions as the basis for conformity assessment in accordance with law in the inspection of import and export commodities。
The term "credit acceptance institution" as mentioned in these Measures refers to the inspection institution that has the qualification and capability required by the Customs and is listed in the list of credit acceptance institution by the General Administration of Customs。
Article 5 The General Administration of Customs shall, on the basis of the quality and safety risk assessment results of import and export commodities, determine and publish the scope and specific requirements of the commodities for which credit can be accepted (hereinafter referred to as "credit accepted commodities"), and implement dynamic adjustments。
Acceptance requirements include: acceptance of commodity name and commodity number, applicable technical specifications, inspection items, inspection methods, sampling plans, validity of inspection reports and other requirements related to the quality and safety of import and export commodities。
Article 6 The General Administration of Customs shall establish a credit collection management system to enhance the information level of credit collection work。
Chapter II Management of credit agencies
Article 7 An inspection institution that meets the following conditions may apply to the General Administration of Customs for inclusion in the list of accrediting institutions:
(1) having the legal business qualification of the country or region where it is located;
(2) Having the ability to inspect relevant trusted goods;
(3) Inspection institutions registered in the People's Republic of China，It should obtain the corresponding domestic qualifications such as the certification of inspection and testing institutions (CMA)，ISO/IEC 17025 and ISO/IEC 17020 approved by the China National Accreditation Service for Conformity Assessment (CNAS);An inspection institution registered outside the People's Republic of China，It should be accredited by the ISO/IEC 17025 and ISO/IEC 17020 systems implemented by accredited bodies signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement (ILAC-MRA);
(4) familiar with and abide by the relevant laws, regulations and standards of the People's Republic of China on commodity inspection;
(5) Having the ability to carry out inspection activities independently, impartially and objectively;
(6) No illegal records related to inspection at home and abroad in the past three years。
If the General Administration of Customs provides otherwise, such provisions shall prevail。
Article 8 Where an inspection institution applies for inclusion in the list of credit acceptance institutions, it shall submit the following materials to the General Administration of Customs through the credit acceptance management system:
(1) An application form;
(2) Information on legal persons and investors of inspection institutions;
(3) relevant qualification or accreditation certificate and relevant certification materials;
(4) A declaration of the scope of technical competence, including the scope of inspection of the relevant qualification, the testing method adopted and the testing standard;
(5) Declaration of independence for conducting inspection activities and relevant certification materials;
(6) a statement that there are no illegal records related to inspection at home and abroad in the past three years;
(7) A list of signers of commodity inspection reports。
If the relevant materials are in a foreign language, a Chinese translation shall be attached。
Article 9 The General Administration of Customs shall organize an expert review group to evaluate and examine the application materials of inspection institutions, which may take the form of written review or on-site inspection。
Article 10 After examination, in conformity with the provisions of these measures, the General Administration of Customs shall include the inspection institutions in the relevant credit agencies directory;If it does not comply with the provisions of these measures, it shall inform the inspection institution through the credit acceptance management system。
Article 11 The General Administration of Customs shall be responsible for publishing the list of credit acceptance institutions and implementing dynamic adjustments。
The list of accrediting institutions includes: accrediting commodity name and commodity number, applicable technical specifications, inspection items, accrediting institution name and code, country or region and contact information。
The third chapter is the implementation of the admissibility
Article 12 A credit agency may accept the entrustment of the consignee or consignor of import and export goods or its agent to conduct inspection on the commodities and issue inspection reports。
If necessary and with the written consent of the trustee, the accrediting institution may subcontract part of the inspection items to other accrediting institutions。The credit acceptance institution undertaking the subcontracted project shall have the corresponding inspection capability and shall not subcontract again。
Article 13 The inspection report issued by the accrediting institution shall, in addition to meeting the content requirements of the inspection and testing qualification provisions, also contain the following contents:
(A) the name of the credit agency and its code;
(2) the inspection report number;
(3) Commodity information, including commodity name, model specification, corresponding batch number or product sequence number and other product traceability information;
(4) the inspection items, inspection methods and sampling plans specified in the acceptance requirements;
(5) the name and contact information of the client;
(6) date of acceptance, place of inspection, time of inspection and date of issuance;
(7) test results;
(8) Signature of the issuer。
If the adopting institution considers that there are other circumstances that may affect the test results, it may indicate them in the test report。
Where a credit agency subcontracts part of the inspection items to other credit agencies for inspection, it shall also indicate the subcontracted inspection items and the name and code of the credit agency undertaking the subcontracted items in the inspection report。
Article 14 A credit agency shall, as entrusted by the consignee or consignor of import and export goods or his agent, submit inspection reports to the Customs through the credit management system before the declaration of relevant import and export goods, except as otherwise provided for in the credit acceptance requirements;If the submission is not made within the prescribed time limit, the customs shall not accept it。
Unless otherwise provided for in the requirements for acceptance of credit, it is not necessary to submit the inspection report repeatedly for the import and export of goods of the same specifications and models within the validity period of the inspection report already submitted。
Article 15 The consignee or consignor of import and export goods or their agent shall, in accordance with relevant provisions, provide the Customs with the number of the inspection report and the code of the crediting institution that issues the inspection report, and the Customs shall examine the corresponding inspection report according to the requirements for crediting。If the requirements are met, the test results shall be accepted;Those that do not meet the requirements shall not be accepted。
Article 16 Where the Customs accepts the inspection results, the consignee or consignor of import and export goods or his agent shall submit a declaration of conformity with quality and safety to the Customs, and the Customs shall no longer conduct sampling tests on the import and export goods, except where the Customs conducts inspections according to the needs of risk prevention and control。
Chapter IV Supervision and administration
Article 17 Where the information of the credit agency is changed, it shall submit the information change materials to the General Administration of Customs through the credit management system in a timely manner。
Article 18 A credit acceptance institution shall keep original documents related to credit acceptance activities in accordance with the following provisions:
(1) The application materials provided for in Article 8 of these Measures shall be kept for a long time;
(2) The inspection reports and inspection records related to the development of credit collection business shall be kept for a period of not less than six years;
(3) The internal documents of the accrediting institution, including instructions, standards, manuals, guides and reference data, shall be kept for a period of not less than six years。
Article 19 The Customs may exercise supervision over the crediting institutions in the following ways:
(a) to verify the inspection capacity of the accrediting institution;
(2) to consult or require credit agencies to submit relevant materials according to law;
(3) Conducting on-the-spot inspections or special investigations。
Where the Customs exercises supervision over the credit approval institution in accordance with the provisions of the preceding paragraph, the credit approval institution shall submit the relevant materials to the Customs within the time limit prescribed by the Customs。Where the relevant materials are in foreign languages, a Chinese translation shall be attached。
Article 20 Where the Customs directly under the administration or the Customs under the Administration find that the inspection report issued by the crediting agency is untrue or false, it shall immediately report to the General Administration of Customs。
The General Administration of Customs may decide to suspend the acceptance of inspection reports issued by relevant agencies and take other necessary disposal measures。
Article 21 Where a credit receiving institution voluntarily withdraws from the list of credit receiving institutions, it shall file an application through the credit receiving management system。
Article 22 Where a credit taking agency voluntarily applies for withdrawal from the list of credit taking agencies, or under any of the following circumstances, the General Administration of Customs may remove it from the list of credit taking agencies:
(1) issuing false or false inspection reports;
(2) Providing the Customs with inspection reports on commodities beyond the scope specified in the catalogue of the credit approval agency;
(3) The inspection capacity does not meet the requirements of the Customs;
(4) refusing to cooperate with Customs supervision and administration, if the circumstances are serious;
(5) There are other circumstances that do not meet the requirements of the credit acceptance institution。
From the date of removal from the catalogue and publication, the Customs shall no longer accept the inspection results of the inspection institution。
An inspection institution removed from the list of credit acceptance institutions by the General Administration of Customs shall not re-apply to become a credit acceptance institution within one year。
Where a crediting institution falls under the circumstances specified in subparagraphs 1 and 2 of the first paragraph of this article, the General Administration of Customs may inform the relevant departments at home and abroad of the relevant circumstances。
Article 23 Where an inspection institution is removed from the list of credit receiving institutions according to law, the Customs may, according to the needs of its work, conduct retrospective investigation on the inspection activities carried out before its removal。
Article 24 Where a credit acceptance institution registered within the territory of the People's Republic of China exists under the circumstances specified in Item 1 and Item 2 of paragraph 1 of Article 22 of these Measures, the Customs shall impose administrative penalties according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Article 25 Where the consignee or consignor of import and export goods or his agent violates the provisions of these Measures, the Customs shall impose administrative penalties according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Chapter V Supplementary Provisions
Article 26 Inspection institutions registered in the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region of the People's Republic of China shall be subject to the provisions of these Measures for inspection institutions registered outside the People's Republic of China。
Article 27 The General Administration of Customs shall be responsible for the interpretation of these measures。
Article 28 These Measures shall come into force as of December 1, 2022。
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