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Management for Test Samples of Foreign Applicant and Working Rules for Customs Declaration

Chapter One  General Rules

Article 1  In order to carry out Certification and Accreditation Regulation of the People’s Republic of ChinaPeople's Republic of China Circular of the State CouncilNo.390))and Regulation for Compulsory Product Certification, guarantee to China Quality Certification Centerfor short CQCCCC certificated foreign samples for shortforeign samplemanagement and customs clearance, speed up the customs clearance of foreign samples, increase efficiency of Certification.

Article 2  This rule is only aimed at foreign samples management and custom clearance that in CQC apply for CCC certification.

Article 3 The lab, the custom declaration company which work on foreign samples testing and the applicant whose samples need to test, should comply with the rule.

Article 4 According to General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China On forwarding noticecustoms head office on compulsory product certification foreign sample transact temporary process of import〉》(state certified document [2003]No.74, CQC unify to manage, supervise and harmony foreign samples and custom clearance, implemented by CQC, the lab ,customs declaration company and the applicant whose import sample need to be tested.

Article 5 Foreign sample management will be regarded as a main content of comprehensive evaluation and classified management that laboratory undertake corresponding testing task.

Article 6 The institution and personnel who engage in foreign sample management, customs clearance and samples testing, should be responsible for Confidential of informed business secrets.


Chapter two  CQC duties

Article 7 According to related law rules, quality manual and procedure document, CQC should draw foreign sample procedure and management method, supervising for foreign sample management and customs clearance.

Article 8 CQC will unify to coordinate all relationships of customs. Entry-Exit Inspection and Quarantine Bureau, foreign applicant, customs declaration agent and lab, in time provide necessary aids for foreign sample management and customs clearance.

Article 9 In case of all material prepared and satisfying the requirements, CQC should assist customs declaration agent to transact necessary Customs Entries and customs clearance documents in two days according to the requirements of customs and Entry-Exit Inspection and Quarantine Bureau.

Article 10 CQC should in time publish the information of foreign sample management and customs in form of both English and Chinese.

Article 11 CQC should appoint the person specially assigned for a task to take charge the management of foreign samples in order to guarantee foreign samples management and customs going well.

Article 12 At regular intervals collecting related cases of samples customs. Supervise the business of customs declaration agent and related labs if necessary.

 

Chapter three  Lab duties

Article 13 The lab assuming the business of foreign samples should appoint the person specially to take charge foreign samples management.

Article 14 To set up special machine account for the sign in, deposit, test and return of foreign samples, and separating from other samples, stickup the only mark.

Article 15 After the samples arrive, in time open them. To check the material object according to sign letter and goods invoice of customs declaration agent, sign in and fax back after conforming, if there are any mistake, postponed to test, in time check with customs declaration agent and the applicant.

Article 16  Retain all the goods relating to import samples(including packing box and the information of the one, nameplate, etc.) , guarantee the samples in the transport to be good.

Article 17 The spare parts of samples also should be registered in detail (remote control, power line, signal wire, battery, compact disk, ink box, etc), return it when back, it can’t lack or be used for another.

Article 18  The shipping documents of the foreign samples should be filled in according to the requirements of the customs declaration agent.

Article 19  Because of the experiment, resulting in the broken samples, the lab should provide the photos and related written document, as the proof for cancel after verification in customs clearance.

Article 20 The lab should guarantee to finish testing in six months that the customs office regulated, it can’t finish the experiment on time, it should show the written introduction and forwarding a month to notify the customs company, so that transact the postponed procedure in advance; if it can’t finish testing on time because of the sample itself, in time notify the applicant to send in anew the material or sample, in order to charge off the sample on time. If the applicants don’t cooperate, and result in the sample can’t charge off on time, the applicant and corresponding foreign manufacturer assume the responsibilities.

Article 21 The lab should notify the customs company to get back the sample in a week after the experiment, can’t hand in the samples to the applicant or be used in another, otherwise assume the responsibility by itself.

Article 22  The feedback for institution itself changed information to CQC in time.

Article 23 Accept the CQC supervise and check in anytime on the customs clearance for foreign sample.


Chapter four  The duties of foreign applicant

Article 24 According to the requirements of the customs and Entry-Exit Inspection and Quarantine Bureau, providing the bill, the invoice, the packing list ,the notice of the sample customs, packing introduction of import goods(if wooden fumigation packing IPPC mark), sample drawing introduction, main technical data, operating instruction, etc..

Article 25 The invoice information and drawing introduction, etc. should be real, and conform to actual case of the goods. Otherwise assume the duties.

Article 26   If the foreign applicant and manufacturer themselves appoint the transport unit, happened the lost and broken in the transportation, etc, they will assume the duties.

Article 27 When the foreign applicant receives the CQC samples notice, in time contact the CQC engineer and related lab, so that it conforms the name, the type, the quantity, and related fittings of the samples.

Article 28 Pay the fees for submitting and testing samples timely, which include import & export airfreight or ocean freight ; customs charges and inspection fees for import & export; warehouse cost; sending and backhauling cost; penalty for unqualified packing from the Entry-Exit Inspection and Quarantine Bureau; the fees for delayed declaration and for paying late caused by Party B; customs bond resulting from untruthful declaration; expenses of taxation for low priced and easily worn articles, for example, form and ink powder; the destruction cost when cancel after verification occurs; and other correlative charges;

Article 29 Samples should be sent timely under the following conditions caused by the applicant: disqualification; the samples are not in accord with reality; incompeteness of the sample; the experiment is destructive and requires new samples.

Article 30 The applicant or the foreign manufactures should take the responsibility if they are responsible for the delay of the destruction of the sample. Under the following conditions, the applicant shall bear full responsibility. However, we will inform the applicant in time and try our best to help the applicant to retrieve the loss as soon as possible.

1. Bill of lading or the invoice consignee should be altered because of the wrong information;

2. No original packing declaration or fumigation certificate is attached to the goods;

3. Without invoice or the invoice are not up to the requirement of the customs of China;

4. The declared value is unrealistic and customs of China shall keep the goods temporarily and re-appraise its price;

5. While checking, the customs of China finds out that the receipt disagree with the goods, the goods will be detained;

6. The breakdown of the electronic customs clearance system affects the work;

7. Other force majeures that affect norm customs clearance and inspection;

Article 31 The applicant should note in the import invoice whether the sample should be returned after the inspection. If the decision can’t be made at the time of submitting the application, the applicant should inform the customs broker after the inspection. If no decision is made by the time for destruction, it will be deemed as renunciation. In this case, the sample shall be submitted to the customs for disposal.


Chapter Five Responsibilities of the Customs Broker

Article 32  Inspection and clearance of foreign samples should be carried out in strict accordance with the relevant laws and regulations. The rights and benefits of the CQC and the foreign applicant should be guaranteed.

Article 33 Handle the clients’ questions concerning the clearance of samples patiently and properly. Try to understand the clients’ requirements and complaint and handle it properly. Always keep warm, thoughtful, professional, and efficient.

Article 34 Set up a documentation management system so as to strengthen inner management. Specify the responsibilities of respective position and help various positions cooperate efficiently. Provide the declarant and other staffs with regular professional training and advanced service theory.

Article 35 entry provided by CQC can only be used for foreign samples inspection and clearance and shall accept inspection and supervision from CQC anytime. If it is for other uses without CQC’s written approval, customs broker shall take full responsibilities.

Article 36 Normally, if the receipts and the customs documents provided by the client meet the requirements of the customs of China, customs clearance and inspection should be finished within five working days.

Article 37 Establish perfect machine account for foreign samples inspection management and clearance transaction and make a detailed record of the tracking information of the samples, accepting the CQC verification for relevant financial, record information of the samples.

Article 38 Accept the supervision, inspection and examination and verification of the clearance of samples by CQC or professional institutions accredited by CQC at any time.

Article 39 If the applicant entrusts the customs broker with the transportation of samples, samples should be sent to the appointed lab in time in the mode of transportation appointed by the applicant after receiving the release permit. If the applicant assigns the transport company, customs broker should give the release permit to the assigned transport company in time after receiving it.

Article 40 if the goods are supervised and transported by the customs broker, the customs broker shall coordinate with the shipping agent and the warehouse supervised by the customs and make sure that the packing is intact and the quantity conform with the import documents. During transportation, the packing and quantity shall also be guaranteed.

Article 41 Establish machine account and make a detailed record of the samples. Ensure a smooth handover with the lab. The supervised warehouse shall be managed by specially appointed staff. Machine account about the information of the warehouse shall be established.

Article 42 Any alteration about the institute shall be fed back to CQC.

Article 43 Keep and file the relevant documents. The export invoice of samples to be returned shall be provided. After being examined and stamped by CQC and approved by the customs, samples shall be shipped abroad by shipping agents.

Article 44 According to the customs, pilot samples can be kept for six months.  After that, it must be returned or destroyed. Under special condition, with the lab certificationa respite of six months can be allowed. After that, no postponement is allowed.

Article 45 While receiving and returning samples, the staff in the lab should check carefully and make a list. When entering the warehouse, samples should be sealed and registered. When the customs broker gets the notice of the sampling order from the lab, it should assign special staff to retrieve the sample timely. Careful checked should be carried out between the customs broker’s staff and the lab manager so as to make sure that the sample is in accord with the documents. If there is any destruction, deformation, damage or loss, the lab should provide with photos and relevant documents which should be taken away along with the sample.

Article 46 In the process of transporting back, samples should be handled according to the requirements so as to reduce man-made sabotage. A detailed record should be made when the sample enters the warehouse.

Article 47 The samples should be placed in the special area for returned or destroyed ones. Returning procedures and canceling procedures should be handled as soon as possible.


Chapter Six Penalty Provision

Article 48 Concerning the Lab:

If the authorized lab doesn’t perform its duties seriously, or puts off the testing period without proper reason, or affects foreign samples’ clearance as a result of improper management, it shall be admonished by CQC. For those staff who perform favoritism and commit irregularities, resort to deception, leak the secret of the applicant, or make the foreign samples lost, damaged and affect the clearance shall be suspended or even disqualified. If necessary, those who bear responsibility shall be investigated and their administrative responsibility and legal responsibility shall be dealt with accordance to the law. In the case which constitutes a crime, criminal responsibility shall be dealt with in according with the law.

If the lab provides deceptious report or documents and causes serious damage, CQC shall suspend or disqualify its testing eligibility. In the case which constitutes a crime, criminal responsibility shall be dealt with in accordance with the law.

Article 49 Concerning Customs Broker:

If the customs broker doesn’t perform its duties seriously, puts off the testing period without proper reason, or affects the clearance of foreign samples because of its improper management, CQC shall admonish it. For those staff who perform favoritism and commit irregularities, resort to deception, leak the secret of the applicant, or make the foreign samples lost, damaged and affect the clearance shall be warned it. If necessary, those who bear responsibility shall be investigated and their administrative responsibility and legal responsibility shall be dealt with accordance to the law. In the case which constitutes a crime, criminal responsibility shall be dealt with in accordance with the law.

If the customs broker provides deceptious report or documents and causes serious damage, it shall be dealt with in accordance with the law.


Chapter Seven Supplementary Provisions

Article 50 These regulations come into force upon promulgation.

Article 51 China Quality Certification Center enjoys the final interpretation right.




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