Announcement No. 71 of AQSIQ on Measures for the Supervision and Administration of Inspection and Quarantine in the Bonded Areas has been deliberated and approved on the meeting of the General Administration of Quality Supervision, Inspection and Quarantine on December 24th, 2004. It is hereby promulgated and shall come into force as of March 1st, 2005.
January 12th, 2005
Chapter Ⅰ General Provisions
Article 1 These Measures are formulated in accordance with Law of the People’s Republic of China on Entry-Exit Commodity Inspection and its enforcement regulations, Law of the People’s Republic of China on Frontier Health and Quarantine and its enforcement regulations, Food Hygiene Law of the People’s Republic of China and other related laws and regulations with a view to strengthening and regulating the supervision and administration of inspection and quarantine in the bonded areas.
Article 2 These Measures apply to the inspection and quarantine and related supervision and administration on such items as commodities, wrappages, paving materials, means of transport and containers which enter or leave the bonded areas, and which are regulated by laws and regulations to go through inspection and quarantine (hereafter referred to as inspection items).
Article 3 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) takes unified control of the supervision and administration of inspection and quarantine in the bonded areas nationwide. The Entry-Exit Inspection and Quarantine Institutions set by AQSIQ in the bonded areas (hereinafter referred to as Inspection and Quarantine Institutions) exercise inspection and quarantine and related supervision and administration on the inspection items that enter or leave the bonded areas.
Article 4 The inspection items that need to go through the approval procedures of inspection and quarantine should do that according to the relevant laws and regulations of inspection and quarantine.
Article 5 When the inspection items enter or leave the bonded areas, the consignee and consigner (owner of cargo) or the agent should follow the related regulations of AQSIQ to go through inspection declaration formalities in Inspection and Quarantine Institutions. The Institution then implement inspection and quarantine according to the relevant laws, regulations, rules of the state and the regulations of AQSIQ. The customs examines and releases the goods based on the customs clearance certificate of goods issued by Inspection and Quarantine Institutions.
Article 6 Inspection and Quarantine Institutions should enhance cooperation with Customs and implement inspection and quarantine in a simple and effective way.
ChapterⅡ Entry Inspection and Quarantine
Article 7 The inspections items entering into the bonded areas from beyond-the-boundary areas, if belong to health quarantine, should go through health quarantine in Inspection and Quarantine Institutions; those that should be implemented with sanitization, should go through sanitization in Inspection and Quarantine Institutions.
Article 8 The inspections items entering into bonded areas from the beyond-the-boundary areas, if belong to animal and plant quarantine, should go through animal and plant quarantine in Inspection and Quarantine Institutions; those that should be implemented with animal and plant quarantine treatments, should go through animal and plant quarantine treatments in accordance with laws under the supervision of Inspection and Quarantine Institutions.
Article 9 Inspection and Quarantine Institutions should implement inspection and supervision on items such as solid wastes, used mechanical and electronic products, and complete sets of equipment that can be used as raw materials, and they should do value appraisal on foreign invested property according to relevant regulations, and should not implement inspection on goods that haven’t completed customs clearance procedures.
Article 10 Warehousing and logistics goods, office suppliers for self-use, raw materials for export processing and parts and components that belong to the enterprises in the bonded areas and that enter into bonded areas from beyond-the-boundary areas are exempt from compulsory product certification.
Article 11 Inspection items that enter into bonded areas from non-bonded areas from within the territory of the People’s Republic of China (excluding Hong Kong, Macao and Taiwan regions, hereafter referred to as non-bonded areas), and that are exempt from customs clearance procedures, Inspection and Quarantine Institutions will not implement inspection and quarantine on them ; those that are required to go through customs clearance procedures, Inspection and Quarantine Institutions should implement inspection and quarantine on them according to regulations.
ChapterⅢ Exit Inspection and Quarantine
Article 12 The inspection items transported to beyond-the-boundary areas shall be implemented with inspection and quarantine by Inspection and Quarantine Institutions in accordance with laws.
Article 13 The inspection items transported from bonded areas to non-bonded areas, unless otherwise provided for in laws and regulations, are exempt from quarantine
Article 14 The inspection items transported from bonded areas to non-bonded areas that belong to food hygiene supervision and inspection and commodity inspection, shall be implemented with inspection by Inspection and Quarantine Institutions. To goods that enter collectively and leave in batches can declare inspection and be inspected in batches; to those that are qualified can declare inspection and be inspected collectively while entering the domestic markets, and after inspection, those that are qualified shall go through verification in batches while leaving the areas.
Article 15 According to Article 9 in these Measures, goods within the bonded areas, if having gone through inspection while entering from areas beyond the boundary, are exempt from inspection when transported to non-bonded areas.
According to Article 11 in these Measures, when goods transported from non-boned areas to bonded areas are transported to non-bonded areas again, they are exempt from inspection.
Article 16 The inspection items transported from bonded areas to non-bonded areas that are in the compulsory products certification list, shall provide related certificate and shall be labeled with compulsory products certification symbols.
Article 17 Prepackaged food and cosmetic products transported from bonded areas to non-bonded areas shall apply for label approval procedures to Inspection and Quarantine Institutions.
Article 18 To goods transported from non-bonded areas into bonded areas, if they are exported directly without processing, the Inspection and Quarantine Institution shall help exchange the original certificate and release the export without inspection and quarantine based on the certificate issued by the Inspection and Quarantine Institution in the production place. To those whose period of validity of inspection and quarantine expires or whose target country or region changes, and who also have different inspection and quarantine requirements, or have to change packaging or need to be reassembled and have canceled inspection declaration, shall declare inspection anew according to regulations.
Article 19 The export products that are processed by the enterprises in bonded areas, if are in accordance with relevant regulations, can apply to Inspection and Quarantine Institutions for certificate of origin from GSP (Generalized System of Preference), or other certificate such as certificate of origin, regional preferential certificate of origin and certificate of origin for special use.
ChapterⅣ Inspection and Quarantine of Inspection Items that Are Transited by Bonded Areas
Article 20 Animals and plants, animal and plant products and other inspection items that are transited by bonded areas shall provide official quarantine certificate issued by the governmental departments in the exporting country or region to declare inspection while entering the bonded area. When transit animals, Transit Authorization Certificate of Animals issued by AQSIQ and the entry allowance certificate issued by the governmental departments in the importing country or region shall be provided at the same time. When transit transgenic products, Transit and Transfer Authorization Certificate of Transgenic Products issued by AQSIQ shall be provided at the same time.
Article 21 To the inspection items transited by bonded areas and need to be stored in the warehouses temporarily, if are transited with the original packing and are still in good packing and sealing condition without breakage or leakage, they only need to be implemented with outer packing quarantine, as well as epidemic prevention and disinfection when necessary.
Article 22 To the inspection items transited by bonded areas, if they are with poor packing or if they need to go through simple processing such as classification, selection, pasting labels and changing packing forms, Inspection and Quarantine Institutions shall implement health quarantine, plant and animal quarantine and food hygiene inspection on them when they are transited overseas.
Article 23 Inspection items that are transited overseas generally don’t need to go through quarantine and quarantine treatment, unless otherwise regulated by laws and regulations or the government of the exporting country or region require to provide quarantine certificate or quarantine treatment certificate that are issued by Chinese Inspection and Quarantine Institutions.
ChapterⅤ Supervision and Administration
Article 24 The enterprises set in bonded areas concerning import-export processing, international trade, international logistics and import-export commodities exhibition, shall apply to Inspection and Quarantine Institutions for the record.Article 25 Enterprises in bonded areas that are engaged in processing and storing entry-exit animal and plant products shall follow the relevant inspection and quarantine regulations.
Article 26 Enterprises in bonded areas that are engaged in processing and storing exported food shall apply for sanitary registration of export food production enterprises. If the exporting country or region has other requirements, they shall also follow the requirements. Enterprises that are engaged in processing and storing imported food shall go through the supervision and administration of Inspection and Quarantine Institutions in accordance with the general health regulations and requirements on food enterprises.
Article 27 The sites set in bonded areas for inspection and quarantine, quarantine fumigation, and disinfection treatment shall comply with the relevant requirements of Inspection and Quarantine Institutions.
Article 28 Inspection and Quarantine Institutions shall implement epidemic surveillance on bonded areas, and also implement quarantine supervision on animals and plants and the producing, processing, storing and transferring process of animal and plant products that enter or leave bonded zones in accordance with relevant laws and regulations.
Article 29 The sale and transfer of entry-exit inspection items among enterprises within bonded areas are exempt from inspection and quarantine.
Article 30 The entry animals and plants and their products which has gone through quarantine approval, if need to change approval matters, shall apply for change of quarantine approval procedures.
ChapterⅥ Supplementary Provisions
Article 31 The Inspection and Quarantine and the supervision and administration in such areas as bonded warehouses and bonded logistics parks shall be implemented in accordance with these Measures.
Article 32 Those who violate these Measures shall be given administrative sanctions by Inspection and Quarantine Institutions according to relevant laws and regulations.
Article 33 AQSIQ is responsible for the explanation of these Measures.
Article 34 These Measures enter into force as of March 1st, 2005. The former Measures on Animal and Plant Quarantine in Bonded Areas issued by Animal and Plant Inspection Bureau of the People’s Republic of China on April 10th, 1998 is simultaneously nullified