Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Administrative Measures on Inspection and Identification of Quantity and Weight of Import and Export Commodities

Administrative Measures on Inspection and Identification of Quantity and Weight of Import and Export Commodities

CHAPTER 1 GENERAL PRINCIPLES

Article 1   These Measures are formulated pursuant to the provisions of the Law of the People's Republic of China on Import and Export Commodity Inspection (hereinafter referred to as the "Commodities Inspection Law") and its Implementation Regulations and other related laws and administrative regulations, for the purposes of strengthening inspection and identification of the quantity and weight of import and export commodities, standardising inspection and identification of quantity and weight of import and export commodities by the Customs and various public inspection agencies, safeguarding public interest and the legitimate rights and interests of the parties to import and export trade, and promoting steady development of foreign trade and economic relations.

Article 2   These Measures shall apply to inspection and identification of quantity and weight of import and export commodities in the People's Republic of China.

Article 3   The General Administration of Customs shall be responsible for nation-wide administration of inspection and identification of quantity and weight of import and export commodities.

The competent Customs shall be responsible for inspection and identification of quantity and weight of import and export commodities, as well as the supervision and administration thereof within their jurisdiction.

Article 4   The scope of quantity and weight inspection performed by the Customs shall be:

(1) import and export commodities listed in the catalogue of import and export commodities subject to inspection and quarantine performed by the Customs;

(2) other import and export commodities subject to inspection by the Customs as stipulated by the laws and administrative regulations;

(3) import and export commodities which are dangerous items and used items;

(4) import and export commodities that are subject to administration by certificate inspection and quota administration thus should be inspected by the Customs;

(5) import and export commodities which are suspected to be involved in fraud;

(6) import and export commodities stipulated in bilateral and multi-lateral agreements and international treaties, or entrusted or designated by international organisations; and

(7) import and export commodities stipulated in international inter-governmental agreements, or entrusted or designated by domestic or foreign judicial organisations, arbitration agencies and international organisations.

Article 5   The Customs shall, pursuant to the provisions of the State, perform random inspection of quantity and weight of import and export commodities which do not fall within the scope stipulated in the aforesaid provisions.

CHAPTER 2 DECLARATION FOR INSPECTION

Article 6   For import and export commodities subject to quantity and weight inspection performed by the Customs, the consignee and the consignor or their agent shall process the declaration  formalities at the location stipulated by the Customs within the stipulated period.

Article 7    The declaration formalities for inspection of quantity and weight of import commodities shall be processed with the Customs before unloading.

Article 8    The declaration formalities for inspection of quantity and weight of bulk export commodities shall be processed with the Customs at the port of loading within the stipulated period.

The declaration formalities for inspection of quantity and weight of export commodities in packs (pieces) shall be processed with the Customs at the place of manufacturing of the commodities within the stipulated period. Where there is a need to apply for a new export certificate at the port, the Customs at the place of manufacturing of the commodities shall issue a voucher for re-issuance of certificate for outbound goods pursuant to the provisions, and the voucher shall state the quantity and weight; the consignor shall present the voucher for re-issuance of certificate and the relevant documents to the Customs at the port of export within the stipulated period to apply for inspection.

In the event of unclear batch numbers or markings or poor packaging, or change in quantity and weight of commodities in the process of transportation before arriving at the port of export, the consignee and the consignor shall make a new declaration for quantity and weight inspection at the port of export.

Article 9   For import and export commodities that are priced based on the delivered quantity, the consignee and the consignor shall declare the quantity for inspection. For import and export commodities that are subject to specific quantity requirements, or that it is necessary to estimate the gross weight of the entire batch on the basis of the quantity, the consignee and the consignor shall declare the quantity for inspection simultaneously when declaring the weight for inspection.

Article 10    For import and export commodities that are priced based on the delivered weight, the consignee and the consignor shall declare the weight for inspection. For import and export commodities that are priced and delivered based on conditioned weight or dry weight, or are subject to specific requirements for moisture content, the consignee and the consignor shall make declaration for moisture inspection simultaneously when making declaration for quantity and weight inspection.

Where there is a need to use density (proportion) for weight measurement during the inspection of quantity and weight of import and export commodities, the consignee and the consignor shall simultaneously declare density (proportion) for inspection.

When sea freight import bulk liquid commodities declare vessel weight measurement, the consignee and the consignor shall simultaneously make a declaration for identification of dry cabin.

Article 11    When completing declaration formalities for inspection of quantity and weight of import and export commodities, the consignee and the consignor shall, based on the actual conditions and taking into account international practice, apply to the Customs for the following inspection items:

(1) weight measurement using a scale;

(2) weight measurement using water gauge;

(3) weight measurement using container: by means of vessel, by means of coast tank, and by means of transport tank;

(4) weight measurement by flow rates; and

(5) any other related inspection items.

Article 12   Where the import or export commodities fall in any of the following circumstances, the declarant shall simultaneously declare weight measurement using a scale, weight measurement using water gauge, sealing, supervised loading and unloading etc:

(1) where the bulk commodities to be imported by sea or land transportation require weight measurement using coast tank or weight measurement using a scale which is to be conducted far away from the port, and the issuance of certificate is based on outcome thereof; or

(2) where the bulk commodities to be exported by sea or land transportation require weight measurement using coast tank or weight measurement using a scale, then are transferred far away from the place of inspection to be loaded for exportation, and the issuance of certificate is based on the outcome of weight measurement by coast tank or weight measurement using a scale.

Article 13    Documents and materials which are not submitted by the consignee and the consignor or their declaration agency at the time of declaration for inspection shall be submitted to the Customs within the stipulated period.

CHAPTER 3 INSPECTION

Article 14   Import commodities shall be inspected at the place of destination declared by the consignee at the time of declaration for inspection. The inspection of quantity and weight of large goods in bulk, perishable commodities, solid waste which can be recycled as raw material, and import commodities which encounter defects and shortage shall be performed at the port of unloading.

The inspection of quantity and weight of export commodities shall be performed at the place of manufacturing of the commodities. The inspection of quantity and weight of bulk export commodities shall be performed at the port of loading.

Article 15    The competent Customs shall perform quantity and weight inspection pursuant to the mandatory requirements of the technical norms of the State. Where the technical norms and standards have not been formulated, the Customs may perform inspection with reference to the relevant standards.

Article 16   Where the Customs discovers, during the quantity and weight inspection, that the actual conditions of the declared inspection items do not comply with the requirements of the technical norms and standards for inspection, thus compromising the proper conduct of the inspection or the accuracy of the inspection outcome, it shall promptly notify the declarant; the declarant shall cooperate with the Customs and make a revised declaration or add new inspection items within the stipulated period.

Article 17   The conditions of the premises on which the quantity and weight inspection is carried out by the Customs shall comply with the requirements of the technical norms and standards for inspection.

The consignee and the consignor and the related organisations and individuals shall adopt effective measures, and provide the requisite conditions and equipment required by the technical norms and standards for inspection.

Where the consignee and the consignor and the related organisations and individuals failed to promptly provide the requisite conditions and equipment, the Customs shall order the consignee and the consignor and the related organisations and individuals to promptly adopt effective measures to ensure smooth progress of the inspection; where the lack of inspection conditions may compromise the accuracy of the inspection outcome, the inspection shall not be performed.

Article 18    Weight measurement performed by the Customs using a scale shall include weighing of all commodities, weighing of random samples, supervised weighing, and repeat weighing of random samples.

Article 19    Import and export commodities such as solid bulk materials or non-fixed-weight product packaging which does not specify the weight on individual packs may adopt the inspection method of weighing all commodities; items with bare packaging or non-fixed-weight product packaging which specify weight on individual packs shall be weighted individually, and verified against the list of breakdown by weight for the original consignment submitted by the declarant.

Fixed-weight packaging items may adopt the inspection method of weighing all commodities; or may collect a certain quantity of random samples according to the relevant technical norms and standards for inspection and identification, and use the average net weight per piece to estimate the net weight of the entire batch.

Article 20   When performing inspection of the quantity and weight of import and export commodities for which delivery and pricing is based on the conditioned weight or dry weight or for which there are specific requirements on moisture content, the Customs shall simultaneously take random samples for inspection of moisture.

Where abnormal moisture is found in the inspection, the Customs shall order the relevant organisation(s) to promptly adopt effective measures to ensure smooth progress of the inspection.

Article 21   All weighing scales and weight computation systems, flow meter system, vessel and cargo hold, oil tanker and tank subject to measurement and the relevant facilities, computer processing system, the relevant charts and data information submitted by the declarant for the purpose of inspection of the quantity and weight of import and export commodities shall comply with the relevant technical norms and standards; all measuring tools used for quantity and weight inspection shall pass inspection pursuant to the law, and be used within the validity period.

Article 22    Loading and unloading operators for import and export commodities shall take spill prevention measures and collect sweeping during the course of loading and unloading; defective items shall be unloaded and stored separately in a reasonable manner.

Article 23    When inspecting quantity and weight, the Customs shall keep records and may take photographs or make audio or video recording. The relevant organisations and individuals shall cooperate and sign on the records as confirmation; where there is any differing view, remarks shall be made or both parties may enter into a memorandum of understanding.

Article 24    Weighing tools, facilities and management measures of import cargo receiving units or export cargo dispatching units, as well as the cargo receiving and dispatch process, shall be subject to Customs supervision, management and inspection, and shall rectify factors which affect the inspection and identification work and the accuracy of the outcome thereof, within the period stipulated by the Customs.

CHAPTER 4 SUPERVISION AND ADMINISTRATION

Article 25   The Customs shall carry out supervision and administration pursuant to the law, on all import and export commodities inspection agencies established in China, and organisations and personnel engaging in the inspection of quantity and weight of import and export commodities in China and their activities.

Article 26   Inspection agencies engaging in identification of quantity and weight of import and export commodities shall be licensed by the General Administration of Customs pursuant to the law. No organisation or individual shall engage in identification of quantity and weight of import and export commodities in China without a licence.

Article 27    All domestic and overseas inspection and identification agencies licensed by the General Administration of Customs shall accept the entrustment of a party to foreign trade and economic relations within the licensed scope, to carry out identification of quantity and weight of import and export commodities, and be subject to Customs inspection.

CHAPTER 5 LEGAL LIABILITY

Article 28   Anyone who arbitrarily vandalises an inspection site for inspection of quantity and weight of import and export commodities or destroys import and export commodities, thus affecting the inspection outcome, shall be ordered by the Customs to make correction, and subject to a fine of not more than RMB30,000.

Article 29   Anyone who violates the provisions of these Measures in engaging in import and export commodities inspection and identification arbitrarily without obtaining licensing by the General Administration of Customs shall be ordered by the Customs to stop the illegal operations; the illegal income shall be confiscated, and a fine ranging from one to three times the amount of illegal income shall be imposed.

Inspection agencies engaging in import and export commodities inspection and identification business beyond their scope of business, or inspection agencies which violate the relevant provisions of the State or disrupt the order of inspection and identification, shall be ordered by the competent Customs to make correction; the illegal income shall be confiscated and a fine of not more than RMB100,000 may be imposed; the Customs may suspend the inspection and identification activities of such inspection agencies for a period of not more than six months; where the case is serious, the General Administration of Customs shall revoke the inspection and identification qualifications certificate of the inspection agency.

Article 30   Customs officers guilty of abusing their official powers, deliberately making things difficult for the parties concerned, corruption, forgery of inspection result, dereliction of duties, or delaying issuance of inspection certificates shall be subject to administrative punishment; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

CHAPTER 6 SUPPLEMENTARY PROVISIONS

Article 31    The following terms used in these Measures shall be defined as follows:

Conditioned weight shall mean the net weight of commodities, after weighing and lab testing of moisture content, obtained based on the stipulated moisture regain percentage (standard regain percentage) or the stipulated moisture percentage (commodities which adopt the conditioned weight for settlement are mainly cotton, wool, raw silk and synthetic fibre etc which are moisture absorbent and high-priced).

Dry weight shall mean the dried weight of commodities, ie the result obtained after deducting the moisture content computed according to actual measured moisture percentage, from the actual measured wet weight of the commodities (commodities which adopt the dry weight for settlement are mainly rare minerals etc).

Weighing by coast tank shall mean using tank-type containers (except cabins) which have passed the inspection of legal measurement and verification agencies of the State as measure tool, to inspect and identify the quantity and weight (including measurement and computation) of bulk liquid commodities or liquefied gas commodities stored in such tool. Therein, tank-type containers shall include vertical tanks, horizontal tanks, and tanks (detachable or non-detachable tanks).

Repeat weighing of random samples is a step in the weight survey qualification appraisal procedures for weighing scales. It shall mean repeat weighing of representing samples of commodities selected randomly by the Customs from the qualified appraisal subject (mainly consignees or consignors which frequently import or export large quantity of commodities in fixed-weight packaging) on the same weighing scale to check if the variance between two readings falls within the permitted range, so as to assess whether the procedure is in a qualifying state.

Sweeping shall mean a small percentage of commodities remaining after loading and unloading due to spillage in the course of loading and unloading; sweeping shall be promptly collected and weighed, cleaned-up and included into complete batches for weighing and certificate issuance, and shall not be written off as wear and tear.

Article 32   A declarant who disputes the quantity and weight inspection result of the competent Customs may, within a stipulated period, apply to the competent Customs which issues the inspection result or its higher-level Customs or the General Administration of Customs for re-inspection, and shall preserve the conditions of the site and the goods. The Customs which accepts the application for re-inspection shall issue a re-inspection conclusion within the stipulated period.

A party concerned which disagrees with the re-inspection conclusion of the Customs may apply for an administrative review, or may file a lawsuit with a People's Court pursuant to the law.

Article 33    A party to foreign trade and economic relations who disputes the quantity and weight identification result issued by its entrusted inspection and identification agency may lodge a complaint with the competent Customs at the locality or the General Administration of Customs, and shall simultaneously preserve the conditions of the site and the goods.

Article 34   The Customs shall perform quantity and weight inspection pursuant to the law, and collect fees pursuant to the relevant provisions of the State.

Article 35    The General Administration of Customs shall be responsible for interpretation of these Measures.

Article 36   These Measures shall be effective 1 October 2007, and the Administrative Measures on Authentication of Quantity of Import and Export Commodities promulgated by the former Imports and Exports Inspection Bureau on 16 December 1993 shall be repealed simultaneously.