Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Administrative Measures for the Quarantine of Bamboo, Wood and Straw Products to Be Exported (Revised in May 2018)

Administrative Measures for the Quarantine of Bamboo, Wood and Straw Products to Be Exported (Revised in May 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 Quarantine of Entry and Exit Animals and Plants and the regulation for the implementation thereof as well as other laws and regulations for the purpose of regulating the administration of quarantine of bamboo, wood and straw products to be exported  and improving the quality and efficiency of quarantine.

Article 2    These Measures shall apply to the quarantine, supervision and administration of bamboo, wood and straw products (including bamboo, wood, rattan, willow, straw, miscanthus and other products) to be exported.

Article 3    The General Administration of Customs is in charge of the quarantine, supervision and administration of bamboo, wood and straw products to be exported throughout the country.

The competent customs shall be responsible for the quarantine, supervision and administration of exported bamboo, wood and straw products within its jurisdiction.

Article 4    The General Administration of Customs shall adopt supervision and administration of the bamboo, wood and straw products to be exported based on categories and levels and the production and processing enterprises thereof (hereinafter referred to as the "enterprises").

Chapter II Administrations Based on Categories and Levels

Article 5    The bamboo, wood and straw products are divided into low, medium and high-risk levels in light of the production and processing techniques and technical indexes of anti-epidemic treatment.

(I) Low-risk bamboo, wood and straw products: products that are subjected to degreasing, steaming and boiling, baking and other anti-epidemic treatment to prevent insects and mildew;

(II) Medium-risk bamboo, wood and straw products: products that are subjected to fumigation or treatment with insect-proofing or mildew-proofing agents or other anti-epidemic treatment; and

(III) High-risk bamboo, wood and straw products: products that are subjected to other general anti-epidemic treatment such as being dried in the sun.

Article 6    The customs shall evaluate and assess the enterprises that export bamboo, wood and straw products, and classify them into three categories: Class I, Class II and Class III.

Article 7    A Class I enterprise shall meet the following requirements:

(I) Abiding by relevant provisions, such as laws and regulations on inspection and quarantine;

(II) Establishing a sound quality management system, including epidemic prevention measures at the links of production, processing and storage as well as factory inspection personnel management system;

(III) Equipping full-time factory inspection personnel who are responsible for supervising and implementing epidemic prevention measures at the links of production, processing and storage as well as factory inspection of products;

(IV) Adopting insect-proofing and mildew-proofing processing techniques and equipping with insect-proofing and mildew-proofing treatment facilities and relevant testing instruments that are appropriate to the production capacity;

(V) Having places for storing raw materials, production and processing and finished products that are exclusively used or mutually separated, and keeping the environment clean and sanitary;

(VI) Having no less than 100 batches of export annually;

(VII) Having an annual batch pass rate for inspection and quarantine of 99% or above; and

(VIII) Meeting other conditions prescribed by the customs in accordance with the law.

Article 8    A Class II enterprise shall meet the following requirements:

(I) Abiding by relevant provisions, such as laws and regulations on inspection and quarantine;

(II) Establishing a quality control system in the enterprise, including epidemic prevention measures at the links of production, processing and storage as well as a management system of factory inspectors;

(III) Equipping full-time or part-time factory inspection personnel to be in charge of supervising and implementing the epidemic prevention measures in the links of production, processing and storage as well as factory inspection of products.

(IV) Adopting insect-proofing and mildew-proofing processing techniques in the course of production and equipping with insect-proofing and mildew-proofing treatment facilities;

(V) Having independent storage places for finished products, and keeping the environment of production and processing clean and sanitary;

(VI) Having no less than 30 batches of export annually;

(VII) Having the pass rate of the annual batches of inspection and quarantine of 98% or above; and

(VIII) Meeting other conditions prescribed by the customs in accordance with the law.

Article 9    The enterprises not meeting the conditions of Class I and Class II enterprises and those not applying for categorized assessment shall be determined as Class III enterprises.

Article 10    An enterprise shall, pursuant to the principle of voluntariness, file a written application to the local customs for implementation of categorized administration, and submit the following materials:

(I) The Application Form for Assessment of Categorized Administration of the Exit Bamboo, Wood and Straw Product Manufacturing and Processing Enterprises;

(II) An ichnography of the enterprise's factory area; and

(III) Production technology and flow chart;

Article 11    The customs shall, within ten working days as of the date of receiving the application materials, complete the preliminary examination of the application materials.

In case the application materials submitted by an enterprise are incomplete, the enterprise shall make up the incomplete materials within a prescribed time limit; otherwise, the enterprise shall be deemed to have withdrawn the application.

Article 12    Where an application passes the preliminary examination, the customs shall, within ten working days, complete the assessment of the applicant enterprise. The customs directly under the General Administration of Customs shall, in accordance with the assessment results, determine the category of the enterprise and make public the same in a timely manner.

Article 13    In case of any of the following circumstances, the enterprise shall file a new application:

(I) It applies for upgrading of the category of the enterprise;

(II) Its name, legal representative or production and processing place has changed; or

(III) Its production technology, equipment, etc., has changed significantly.

Chapter III Exit Quarantine

Article 14    The basis of quarantine for bamboo, wood and straw products to be exported  are as follows:

(I) Bilateral quarantine agreements (including protocols, memorandums, etc.) signed by China and the importing country or region;

(II) Provisions on the quarantine of bamboo, wood and straw products of the importing country or region;

(III) Provisions of China on the quarantine of bamboo, wood and straw products to be exported; and

(IV) The quarantine requirements set forth in the trade contracts and letters of credit, etc.

Article 15    Enterprises or their agents shall provide relevant documents according to the provisions of inspection and quarantine when going through the formalities of declaring inspection of bamboo, wood and straw products to be exported. In making declaration for inspection, the enterprises of Class I and Class II shall also provide the Factory Inspection Record of Bamboo, Wood and Straw Products to Be Exported (hereinafter referred to as the Record Sheet for Factory Inspection Record).

Article 16    According to the category of the enterprise and the risk level of the bamboo, wood and straw products, the proportion for spot check for each batch of bamboo, wood and straw products to be exported shall be as follows:

(I) The proportion for low-risk products of the Class I enterprises shall be 5% -10%;

(II) The proportion for medium-risk products of the Class I enterprises and low-risk products of the Class I enterprises shall be 10% -30%;

(III) The proportion for high-risk products of the Class I enterprises, medium-risk products of the Class II enterprises and low-risk products of the Class III enterprises shall be 30% -70%; and

(IV) The proportion for high-risk products of the Class II enterprises and medium-risk products and high-risk products of the Class III enterprises shall be 70% -100%.

Article 17    The customs shall determine the proportion for spot check of each batch of bamboo, wood and straw products to be exported  within the prescribed scope in light of the routine supervision and administration of the enterprises, difference between export seasons and importing countries (regions), and whether the Plant Quarantine Certificate or the Fumigation/Disinfection Certificate has been issued.

Article 18    Where the bamboo, wood and straw products to be exported  are quarantined as qualified, relevant documents shall be issued in accordance with relevant provisions; in case of unqualified quarantine, they may be released after being treated as qualified by means of disinfection and disinfestation and reprocessing; those products without effective treatment shall not be exported.

Chapter IV Supervision and Administration

Article 19    The customs shall supervise and administer the whole process of production, processing and storage of the bamboo, wood and straw products to be exported.

Article 20    The customs shall carry out routine supervision and administration of enterprises, mainly including:

(I) Inspecting the effective operation of the quality management system of the enterprise and the implementation of epidemic prevention measures in the links of production, processing and storage, etc.;

(II) Inspecting whether the conditions for production, processing and storage of the enterprise meet the requirements of epidemic prevention;

(III) Inspecting factory inspection records, the supervision conditions and relevant records on the implementation of epidemic prevention measures by factory inspection personnel;

(IV) Rectifying quality problems by the enterprise; and

(V) Fulfilling other contents that shall be inspected.

In the course of carrying out routine supervision and administration, the customs shall fill in the Record of Supervision and Administration on Bamboo, wood and straw products to be exported.

Article 21    The customs shall establish the quarantine administration archives of the bamboo, wood and straw product enterprises.

Article 22    The customs shall carry out dynamic management on the classification of enterprises and impose punishment of degrading the category of an enterprise in any of the following circumstances:

(I) The epidemic prevention measures are not in place in the links of production, processing and storage, etc.;

(II) The factory inspection personnel fail to carry out inspection and supervision as required;

(III) Such products have failed to pass the quarantine on the bamboo, wood and straw products to be exported carried out by the customs for more than two consecutive times;

(IV) The pass rate of exit inspection and quarantine for one batch fails to satisfy the requirements of the corresponding category within one year; or

(V) Other circumstances that fail to comply with the relevant requirements of inspection and quarantine.

The enterprise imposed with punishment of degrading category shall make rectification within a time limit, and if it is found to be qualified after such rectification, the original category may be restored.

Article 23    If an enterprise does not truthfully fill in the factory inspection record, or forges, alters, sells or steals the factory inspection record, it shall be directly degraded to a Class III enterprise for administration.

Article 24    The customs shall train the factory inspection personnel of enterprises. The factory inspection personnel shall take up their post only after passing the examination. The factory inspection personnel shall truthfully fill in the factory inspection record, and be responsible for the results of factory inspection.

Chapter V Supplementary Provisions

Article 25    Any violation of these Measures shall be dealt with by the customs in accordance with relevant laws and regulations.

Article 26    The documents stipulated in these Measures shall be separately formulated and promulgated by the General Administration of Customs.

Article 27    The power to interpret these Measures shall remain with the General Administration of Customs.

Article 28    These Measures shall come into force on July 1, 2003.