Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.11.23

Effective Date:  2018.11.23

Validity Status:  valid

Administrative Measures for the Inspection and Supervision of Import and Export Toys (Revised in November 2018)

Administrative Measures for the Inspection and Supervision of Import and Export Toys (Revised in November 2018)

Chapter I General Provisions

Article 1    These Measures are enacted in accordance with the Law of the People's Republic of China on the Inspection of Import and Export Commodities and its implementing regulations, the Special Rules of the State Council on Strengthening the Safety Supervision and Administration of Food and Other Products and other relevant provisions for the purposes of regulating the inspection and supervision of import and export toys, strengthening the administration of import and export toys and protecting the health and safety of consumers.

Article 2    The General Administration of Customs, P. R. China (GACC) shall be in charge of the inspection, supervision and administration of import and export toys nationwide.

The competent customs shall be responsible for the inspection, supervision and administration of import and export toys within their respective jurisdictions.

Article 3    These Measures are applicable to the inspection, supervision and administration of import and export toys included in the Catalogue of Import and Export Commodities Subject to Compulsory Inspection (hereinafter referred to as the Catalogue) and those subject to compulsory inspection as stipulated by laws and administrative regulations. The customs and manufacturers and operators of import and export toys shall comply with these Measures.

The customs shall conduct spot check of import and export toys outside the Catalogue in accordance with the regulations of the GACC.

Article 4    Import toys shall be inspected in accordance with the compulsory requirements of the national technical specifications.

Export toys shall be inspected in accordance with the technical regulations and standards of the importing countries or regions. However, where the technical requirements agreed upon by both trading parties are higher than the technical regulations and standards, the inspection shall be conducted in accordance with the agreed requirements. Where there are no specific provisions in the technical regulations and standards of the importing countries or regions, the inspection shall be conducted in accordance with the compulsory requirements of the national technical specifications.

Where an agreement has been concluded between the governments, the inspection shall be conducted in accordance with the requirements specified in the agreement.

Article 5    The GACC shall supervise and administer the recall of defective import and export toy that may cause harm to children.

Chapter II Inspection of Import Toys

Article 6    When applying for inspection, the consignees of import toys or their agents shall fill in the application form for inspection of import goods in accordance with the Provisions on the Application for Entry-exit Inspection and Quarantine and provide relevant documents. For the import toys included in the catalogue for compulsory product certification, certificates for compulsory product certification shall be obtained. The customs shall conduct system automatic comparison and verification on the electronic data of certificates for compulsory product certification.

Article 7    The customs shall conduct verification and administration of import toys included in the catalogue for compulsory product certification in accordance with the Administrative Measures for the Entry Verification of Civilian Commodities under the Import Licensing System.

For the import toys not listed in the catalogue for compulsory product certification, if the applicants have provided the qualified test reports issued by the test laboratories for import and export toys (hereinafter referred to as the "toy laboratories"), the customs shall review whether the relevant documents provided by the applicants are consistent with the goods.

If the applicants fail to provide the test reports or the relevant documents are found inconsistent with the goods, the batch of goods shall be inspected on the spot and selected samples shall be taken and sent to the toy laboratories for testing.

Article 8    For import toys passing the inspection, the customs shall issue an inspection certificate.

Article 9    For import toys failing to pass the inspection, the customs shall issue a notice of the inspection and quarantine disposal. In case of a failure involving personal and property safety, health and environmental protection, the customs shall order the parties concerned to return or destroy the goods; if cases of a failure involving other aspects, technical treatment may be conducted under the supervision of the customs, and the goods may be sold or used only after they pass a new inspection.

Article 10    The safety and use labels of import toys to be sold on the domestic market shall comply with China's relevant compulsory requirements on toy safety.

Chapter III Inspection of Export Toys

Article 11    When applying for inspection of export toys, applicants shall truthfully fill in the application form for inspection of export goods, and shall provide, in addition to providing relevant materials in accordance with the Provisions on the Application for Entry-exit Inspection and Quarantine, the product quality and safety conformity statement.

For the application for inspection of export toys for the first time, test reports issued by the toy laboratories and other materials required by the GACC shall also be provided.

Article 12    The Customs shall inspect the export toys in accordance with the provisions of Article 4 hereof.

The export toys shall be inspected by the customs at the place of production. Where the export toys pass the inspection, the customs at the place of production shall issue a voucher in lieu of a certificate. Where the export toys fail to pass the inspection, the customs at the place of production shall issue a notice on the failure to pass the inspection.

Article 13    After the export toys have passed the inspection by the customs at the place of production, the consigners shall apply to the customs of the port for inspection within the prescribed time limit.

Where the toys fail to be exported within the valid inspection period, or there are changes in the importing country or region and the inspection requirements are different within the valid inspection period, the consigners shall make a new application to the customs for inspection.

Article 14    Manufacturers and operators of export toys shall establish a sound quality safety control system and a traceability system, strengthen the quality control and management of the subcontracting of finished products, parts or partial processes of toys, establish and implement a purchase inspection and acceptance system, examine the business qualifications of suppliers and subcontractors, verify the product quality certificates and product labels, and establish a purchase ledger of products and high-risk raw materials to faithfully record the names, specifications, quantities, suppliers, subcontractors and their contact information, purchase time and other contents of the products.

Chapter IV Supervision and Administration

Article 15    The Customs shall conduct classified administration on the manufacturers of export toys.

Article 16    The Customs shall conduct supervision and administration on the manufacturers and operators of export toys. The supervision and administration shall include the inspection on the quality assurance capabilities of the enterprises and the inspection on key quality and safety items.

Article 17    The competent customs shall conduct key supervision and administration on the manufacturers and operators of toys under any of the following circumstances:

(I) The safety and quality control system of the enterprises fails to operate effectively;

(II) The enterprises are accountable for foreign early warning notification or a recall or return event as confirmed by the competent customs upon investigation;

(III) The export toys fail to pass the sampling inspection of safety items for two consecutive times or for three times accumulatively within six months;

(IV) The enterprises fail to voluntarily report to the GACC or the competent customs or fail to cooperate in investigation of safety and quality defects found during the sale and use of import toys or relevant safety and quality incidents; or

(V) The enterprises are subject to administrative penalties due to violation of inspection and quarantine laws and regulations.

Article 18    For the enterprises subject to key supervision and administration, the customs shall impose stricter administration on them and increase the proportion of spot check on their import and export products for a period of six months in general.

Article 19    The GACC shall conduct supervision and administration on toy laboratories. Toy laboratories shall pass the qualification accreditation of the China National Accreditation Service for Conformity Assessment (CNAS) and be designated by the GACC.

The GACC shall suspend the testing qualification of the toy laboratories involved in testing liability accidents and order them to make rectifications. The qualification of the toy laboratories may not be restored until the rectifications are qualified. In serious cases, the qualification of the toy laboratories as designated shall be revoked.

Article 20    Where the consignees or consigners of import and export toys disagree with the inspection results issued by the customs, they may apply for re-inspection in accordance with the Measures for the Re-inspection of Imported and Exported Commodities.

Article 21    The GACC shall conduct supervision and administration on the recall of import and export toys.

Where the toys imported into China's domestic market are defective, the operators and brand owners of the import toys shall voluntarily recall such toys; where they fail to do so, the GACC shall order them to recall such toys.

Where the operators and brand owners of import toys and the manufacturers and brand owners of export toys are aware that the toys provided by them may have defects, they shall carry out investigation, confirm the product quality and safety risks, and report to the local competent customs within 24 hours at the same time. Complete recall records shall be made and kept when a recall is implemented, and the recall summary shall be submitted to the GACC and the local competent customs within 15 working days upon the expiry of the recall time limit.

Where the toys exported are recalled, notified or are found to have safety and quality problems abroad, the manufacturers, operators and brand owners shall report the relevant information to the competent customs.

Chapter V Legal Liability

Article 22    Where anyone, without authorization, sells uninspected import toys or sells import toys without application for import verification, the customs shall confiscate the illegal gains and impose a fine from 5%  to 20% of the value of the goods.

Article 23    Where anyone exports without authorization uninspected export toys, the customs shall confiscate the illegal gains and impose a fine from 5% to 20% of the value of the goods.

Article 24    Where anyone sells without authorization the import toys that fail to pass the inspection, or exports the toys that fail to pass the inspection, the customs shall order the party concerned to stop the sale or export, confiscate the illegal gains and the illegally sold or exported toys, and impose a fine of more than equivalent value of the illegally sold or exported toys but less than three times the value of the illegally sold or exported toys.

Article 25    Where the consignees, consigners, agency inspection application enterprises, parcel delivery service enterprises, and applicants for inspection of import and export toys obtain the relevant certificates of the customs without providing the true information of the import and export toys, or evade the inspection, the customs shall confiscate the illegal gains and impose a fine from 5% to 20% of the value of the goods.

Where the consignees or consigners of import and export toys entrust agency inspection application enterprises or entry-exit parcel delivery service enterprises to handle formalities of application for inspection obtain the relevant certificates of the customs without providing the true information of the entrusted matters to the said enterprises in accordance with the provisions, the clients shall be punished in accordance with the provisions of the preceding paragraph.

Where the agency inspection application enterprises, entry-exit parcel delivery service enterprises, and applicants for inspection constitute frauds in obtaining the relevant certificates of the customs due to failure to conduct reasonable examination of the authenticity of the information provided by the clients or negligence in their work, the customs shall impose a fine of not less than 20,000 yuan but not more than 200,000 yuan on the agency inspection application enterprises or the entry-exit parcel delivery service enterprises.

Article 26    Where anyone forges, alters, sells or steals inspection and quarantine certificates, stamps or seals, or uses forged or altered inspection and quarantine certificates, stamps or seals, the customs shall order him/her to make corrections, confiscate the illegal gains, and impose a fine of not more than the value of the goods; if a crime is constituted, the criminal liability shall be investigated in accordance with the law.

Article 27    Where anyone changes the samples drawn by the customs or the import and export toys that have passed the inspection of the customs without authorization, the customs shall order him/her to make corrections and give a warning; if the circumstances are serious, a fine from 10% to 50% of the value of the goods shall be imposed.

Article 28    Where anyone changes or damages labels or seals affixed by the customs without authorization, the customs shall impose a fine of not more than 50,000 yuan.

Article 29    Where any domestic manufacturer, operator or brand owner of import and export toys falls under any of the following circumstances, the customs may give a warning or impose a fine of not more than 30,000 yuan:

(I) Concealing and failing to report quality and safety incidents of export toys in the importing countries or regions, which causes serious consequences;

(II) Failing to report defects of toys that shall be reported to the customs; or

(III) Refusing to recall the defective toys that shall be recalled.

Article 30    Where any staff member of the customs abuses his/her power, deliberately creates difficulties for the parties concerned, or plays favoritism and commits irregularities, forges inspection and quarantine results, or neglects his/her duty and delays the issuance of certificates, he/she shall be given an administrative sanction and confiscated the illegal gains; if a crime is constituted, the criminal liability shall be investigated in accordance with the law.

Article 31    Where any violation of the provisions of these Measures constitutes a crime, the criminal liability shall be investigated in accordance with the law.

Chapter VI Supplementary Provisions

Article 32    The key quality and safety items mentioned in these Measures refer to the high-risk inspection items of product quality and safety determined by the customs on the basis of risk assessment of the technical regulations and standards of the importing countries or regions, historical data of product quality and safety of the enterprises' products, product recall notification and other information.

The sampling inspection of products mentioned in these Measures refers to the on-site inspection and sampling of the export products to the laboratories for inspection by customs in accordance with the prescribed proportion according to the classified management categories of export product manufacturers.

Article 33    These Measures shall be interpreted by the GACC.

Article 34    These Measures shall come into effect as of September 15, 2009.