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| Order of the President of the People's Republic of China | | 中华人民共和国主席令 |
(No. 67) | |
(第67号) |
The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Import and Export Commodity Inspection, adopted at the 27th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2002, is hereby promulgated and shall enter into force as of October 1, 2002. | |
《全国人民代表大会常务委员会关于修改〈中华人民共和国进出口商品检验法〉的决定》已由中华人民共和国第九届全国人民代表大会常务委员会第二十七次会议于２００２年４月２８日通过，现予公布，自２００２年１０月１日起施行。 |
Jiang Zemin President of the People's Republic of China | |
中华人民共和国主席 江泽民 |
April 28, 2002 | |
２００２年４月２８日 |
Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Import and Export Commodity Inspection | |
全国人民代表大会常务委员会关于修改《中华人民共和国进出口商品检验法》的决定 |
(Adopted at the 27th Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2002) | |
（2002年4月28日第九届全国人民代表大会常务委员会第二十七次会议通过） |
At its 27th meeting, the Standing Committee of the Ninth National People's Congress made the following amendments to the Law of the People's Republic of China on Import and Export Commodity Inspection: | |
第九届全国人民代表大会常务委员会第二十七次会议决定对《中华人民共和国进出口商品检验法》作如下修改： |
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| 1. Article 1 is revised to read: "This Law is enacted with a view to improving the inspection of import and export commodities, regulating inspection of import and export commodity, protecting public interests and the legitimate rights and interests of the parties involved in foreign trade, and promoting the smooth development of China's economic and trade relations with other countries." | | 一、第一条修改为：“为了加强进出口商品检验工作，规范进出口商品检验行为，维护社会公共利益和进出口贸易有关各方的合法权益，促进对外经济贸易关系的顺利发展，制定本法。” |
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| 2. Article 3 is revised to read: "The commodity inspection authorities and the inspection bodies permitted by the State administration for commodity inspection shall, in accordance with law, perform the inspection of import and export commodities." | | 二、第三条修改为：“商检机构和经国家商检部门许可的检验机构，依法对进出口商品实施检验。” |
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| 3. Article 4 is revised to read: "The import and export commodities shall be inspected in adherence to the principles of protecting human health and safety, animal and plant life and health, and the environment; preventing deceptive practices and preserving security of the State. The State administration for commodity inspection shall compile and readjust the catalogue of import and export commodities subject to compulsory inspection (hereinafter referred to as the Catalogue, in short) and publish it for implementation." | | 三、第四条修改为：“进出口商品检验应当根据保护人类健康和安全、保护动物或者植物的生命和健康、保护环境、防止欺诈行为、维护国家安全的原则，由国家商检部门制定、调整必须实施检验的进出口商品目录（以下简称目录）并公布实施。” |
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| 4. The first paragraph of Article 5 is revised to read: "The inspection of the import and export commodities which are listed in the Catalogue shall be conducted by the commodity inspection authorities." The third paragraph is revised to read: "Among the import and export commodities specified in the first paragraph of this Article, those that meet the requirements for exemption from inspection, as prescribed by the State, may be exempted from inspection, if the consignee or consignor files an application and the application is approved by the State administration for commodity inspection after examination." | | 四、第五条第一款修改为：“列入目录的进出口商品，由商检机构实施检验。”第三款修改为：“本条第一款规定的进出口商品，其中符合国家规定的免予检验条件的，由收货人或者发货人申请，经国家商检部门审查批准，可以免予检验。” |
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| 5. Article 6 is divided into two articles, which are Article 6 and 7 and revised to read: | | 五、第六条分为两条，作为第六条、第七条，修改为： |
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| (1) "Article 6 By compulsory inspection of import and export commodities is meant the conformity assessment as to whether the import and export commodities included by decision in the Catalogue meet the compulsory requirements of the technical regulations of the State. | | （一）“第六条 必须实施的进出口商品检验，是指确定列入目录的进出口商品是否符合国家技术规范的强制性要求的合格评定活动。 |
"The procedures for conformity assessment include: sampling, testing and inspection; evaluation, verification and assurance of conformity; and registration, accreditation and approval as well as their combinations." | |
“合格评定程序包括：抽样、检验和检查；评估、验证和合格保证；注册、认可和批准以及各项的组合。” |
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| (2) "Article 7 The import and export commodities which are listed in the Catalogue shall be inspected in accordance with the compulsory requirements of the technical regulations of the State. With regard to those commodities for which compulsory requirements of the technical regulations of the State have not yet been formulated, such requirements shall be formulated in time according to law. Before their formulation, those commodities may be inspected with reference to the relevant foreign standards designated by the State administration for commodity inspection." | | （二）“第七条 列入目录的进出口商品，按照国家技术规范的强制性要求进行检验；尚未制定国家技术规范的强制性要求的，应当依法及时制定，未制定之前，可以参照国家商检部门指定的国外有关标准进行检验。” |
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| 6. Article 25 is changed to be Article 8 and is revised to read: "The inspection bodies permitted by the State administration for commodity inspection may provide inspection and survey services in respect of the import and export commodities as entrusted by parties involved in foreign trade or by foreign inspection bodies." | | 六、第二十五条改为第八条，修改为：“经国家商检部门许可的检验机构，可以接受对外贸易关系人或者外国检验机构的委托，办理进出口商品检验鉴定业务。” |
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| 7. Article 8 is changed to be Article 10 and is revised to read: "The State administration for commodity inspection and the commodity inspection authorities shall, without delay, collect information on the inspection of import and export commodities and make it available to the relevant quarters." And one paragraph is added as the second paragraph: "The staff members of the State administration for commodity inspection and the commodity inspection authorities shall have the obligation to keep the commercial secrets of which they become aware in the course of fulfilling their duties of inspection of import and export commodities." | | 七、第八条改为第十条，修改为：“国家商检部门和商检机构应当及时收集和向有关方面提供进出口商品检验方面的信息。”增加一款，作为第二款：“国家商检部门和商检机构的工作人员在履行进出口商品检验的职责中，对所知悉的商业秘密负有保密义务。” |
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| 8. Article 9 is changed to be Article 11 and is revised to read: "For import commodities which are subject to inspection by the commodity inspection authorities, as provided for by this Law, the consignee or his agent shall apply for inspection to the commodity inspection authorities located at the place he makes Customs declarations. The Customs shall check and release the commodities on the strength of the Documents for Customs Clearance issued by the commodity inspection authorities." | | 八、第九条改为第十一条，修改为：“本法规定必须经商检机构检验的进口商品的收货人或者其代理人，应当向报关地的商检机构报检。海关凭商检机构签发的货物通关证明验放。” |
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| 9. Article 10 is changed to be Article 12 and is revised to read: "For import commodities which are subject to inspection by the commodity inspection authorities, as provided for by this Law, the consignee or his agent shall, in the places and within the time limit specified by the commodity inspection authorities, accept inspection of the import commodities conducted by the commodity inspection authorities. The commodity inspection authorities shall complete the inspection and issue an inspection certificate within the time limit specified uniformly by the State administration for commodity inspection." | | 九、第十条改为第十二条，修改为：“本法规定必须经商检机构检验的进口商品的收货人或者其代理人，应当在商检机构规定的地点和期限内，接受商检机构对进口商品的检验。商检机构应当在国家商检部门统一规定的期限内检验完毕，并出具检验证单。” |
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| 10. Article 13 is changed to be Article 15 and is revised to read: "For export commodities which are subject to inspection by the commodity inspection authorities, as provided for by this Law, the consigner or his agent shall, in the places and within the time limit specified by the commodity inspection authorities, apply for inspection to the commodity inspection authorities. The commodity inspection authorities shall complete the inspection and issue an inspection certificate within the time limit specified uniformly by the State administration for commodity inspection. | | 十、第十三条改为第十五条，修改为：“本法规定必须经商检机构检验的出口商品的发货人或者其代理人，应当在商检机构规定的地点和期限内，向商检机构报检。商检机构应当在国家商检部门统一规定的期限内检验完毕，并出具检验证单。 |
"For the export commodities that are subject to inspection, as provided for by this Law, the Customs shall check and release the commodities on the strength of the Documents for Customs Clearance issued by the commodity inspection authorities." | |
“对本法规定必须实施检验的出口商品，海关凭商检机构签发的货物通关证明验放。” |
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| 11. Article 14 is changed to be Article 16 and is revised to read: "Export commodities which have passed the inspection conducted by the commodity inspection authorities and for which inspection certificates have been issued shall be declared for export within the time limit specified by the commodity inspection authorities. Re-application for inspection is necessary when the specified time limit expires." | | 十一、第十四条改为第十六条，修改为：“经商检机构检验合格发给检验证单的出口商品，应当在商检机构规定的期限内报关出口；超过期限的，应当重新报检。” |
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| 12. Article 17 is changed to be Article 19 and is revised to read: "For the import and export commodities other than those that are subject to inspection by the commodity inspection authorities, as provided by this Law, the commodity inspection authorities may conduct random inspection in accordance with State regulations. | | 十二、第十七条改为第十九条，修改为：“商检机构对本法规定必须经商检机构检验的进出口商品以外的进出口商品，根据国家规定实施抽查检验。 |
"The State administration for commodity inspection may publicize the results of random inspection or notify the relevant departments of the random inspection." | |
“国家商检部门可以公布抽查检验结果或者向有关部门通报抽查检验情况。” |
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| 13. Article 18 is changed to be Article 20 and is revised to read: "For the convenience of foreign trade, the commodity inspection authorities may, in accordance with State regulations, conduct quality supervision and inspection in respect of the export commodities which are listed in the Catalogue, before they leave the factory." | | 十三、第十八条改为第二十条，修改为：“商检机构根据便利对外贸易的需要，可以按照国家规定对列入目录的出口商品进行出厂前的质量监督管理和检验。” |
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| 14. One article is added as Article 21, which reads: "The agent going through the formalities of applying for inspection on behalf of the consignee of import commodities or consigner of export commodities shall register with the commodity inspection authorities. When going through the formalities of applying for inspection, the agent shall submit his letter of authorization to the commodity inspection authorities." | | 十四、增加一条，作为第二十一条：“为进出口货物的收发货人办理报检手续的代理人应当在商检机构进行注册登记；办理报检手续时应当向商检机构提交授权委托书。” |
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| 15. Article 20 is changed to be Article 22 and is revised to read: "The State administration for commodity inspection may, in accordance with the relevant regulations of the State and after examining their qualifications, permit the qualified inspection bodies at home and abroad to undertake the inspection and survey of import and export commodities entrusted to them." | | 十五、第二十条改为第二十二条，修改为：“国家商检部门可以按照国家有关规定，通过考核，许可符合条件的国内外检验机构承担委托的进出口商品检验鉴定业务。” |
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| 16. Article 21 is changed to be Article 23 and is revised to read: "The State administration for commodity inspection and the commodity inspection authorities shall, in accordance with law, exercise supervision over the inspection and survey of the import and export commodity conducted by the inspection bodies permitted by the State administration for commodity inspection and may conduct random inspection of the commodities which have been inspected by such bodies." | | 十六、第二十一条改为第二十三条，修改为：“国家商检部门和商检机构依法对经国家商检部门许可的检验机构的进出口商品检验鉴定业务活动进行监督，可以对其检验的商品抽查检验。” |
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| 17. Article 22 is changed to be Article 24 and is revised to read: "The State administration for commodity inspection shall, in adherence to the unified certification system of the State, have the relevant import and export commodities supervised through certification." | | 十七、第二十二条改为第二十四条，修改为：“国家商检部门根据国家统一的认证制度，对有关的进出口商品实施认证管理。” |
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| 18. Article 19 is changed to be Article 25. | | 十八、第十九条改为第二十五条。 |
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| 19. One article is added as Article 26, which reads: "The commodity inspection authorities shall supervise, through inspection of certificates, over the import and export commodities which are subject to the permit system, as provided for by this Law, examining the certificates and checking whether they conform to the commodities concerned." | | 十九、增加一条，作为第二十六条：“商检机构依照本法对实施许可制度的进出口商品实行验证管理，查验单证，核对证货是否相符。” |
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| 20. Article 24 is changed to be Article 28 and is revised to read: "Where an applicant for the inspection of import and export commodities disagrees with the results of inspection presented by the commodity inspection authorities, he may apply for re-inspection to the same authorities, or to those at the next higher level or up to the State administration for commodity inspection. The commodity inspection authorities or the State administration for commodity inspection which accepts the application for re-inspection shall draw a timely conclusion after re-inspection." | | 二十、第二十四条改为第二十八条，修改为：“进出口商品的报检人对商检机构作出的检验结果有异议的，可以向原商检机构或者其上级商检机构以至国家商检部门申请复验，由受理复验的商检机构或者国家商检部门及时作出复验结论。” |
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| 21. Article 28 is changed to be Article 29 and is revised to read: "Where a party is not satisfied with the conclusion drawn after re-inspection by the commodity inspection authorities or the State administration for commodity inspection, or is not satisfied with the decision on punishment made by the commodity inspection authorities, he may, in accordance with law, apply for administrative reconsideration or bring a suit in a People's Court according to law." | | 二十一、第二十八条改为第二十九条，修改为：“当事人对商检机构、国家商检部门作出的复验结论不服或者对商检机构作出的处罚决定不服的，可以依法申请行政复议，也可以依法向人民法院提起诉讼。” |
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| 22. One article is added as Article 30, which reads: "The State administration for commodity inspection and the commodity inspection authorities shall, in the course of performing their duties, abide by laws, safeguard the interests of the State, execute the laws strictly in pursuant to their statutory functions and powers and the statutory procedures, and accept supervision. | | 二十二、增加一条，作为第三十条：“国家商检部门和商检机构履行职责，必须遵守法律，维护国家利益，依照法定职权和法定程序严格执法，接受监督。 |
"The State administration for commodity inspection and the commodity inspection authorities shall, on the basis the requirements for performing their duties according to law, strengthen the building of their contingents and enable their staff members to possess good political and professional qualifications. The staff members engaged in commodity inspection authorities shall receive professional training and appraisal regularly, and only those who pass the appraisal may be assigned to their duties. | |
“国家商检部门和商检机构应当根据依法履行职责的需要，加强队伍建设，使商检工作人员具有良好的政治、业务素质。商检工作人员应当定期接受业务培训和考核，经考核合格，方可上岗执行职务。 |
"The staff members engaged in commodity inspection shall devote themselves to their duties, offer services with civility and observe professional ethics, and refrain from abusing their powers and seeking personal gain." | |
“商检工作人员必须忠于职守，文明服务，遵守职业道德，不得滥用职权，谋取私利。” |
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| 23. One article is added as Article 31, which reads: "The State administration for commodity inspection and the commodity inspection authorities shall establish a sound system for internal supervision, and conduct supervision and inspection on the execution of laws by their staff members. | | 二十三、增加一条，作为第三十一条：“国家商检部门和商检机构应当建立健全内部监督制度，对其工作人员的执法活动进行监督检查。 |
"The limits of duties and powers of the key posts for accepting applications for inspection, conducting inspection and issuing certificates to release commodities shall be explicitly defined, so that they are separate from each other and are mutually conditioned." | |
“商检机构内部负责受理报检、检验、出证放行等主要岗位的职责权限应当明确，并相互分离、相互制约。” |
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| 24. One article is added as Article 32, which reads: "Any unit and individual shall have the right to accuse and inform against the violations of laws and rules of discipline committed by the State administration for commodity inspection, the commodity inspection authorities and their staff members. The departments receiving the accusations and information shall, in accordance with law and the division of duties, investigate and deal with them without delay, and shall keep secret for the accusers and informers." | | 二十四、增加一条，作为第三十二条：“任何单位和个人均有权对国家商检部门、商检机构及其工作人员的违法、违纪行为进行控告、检举。收到控告、检举的机关应当依法按照职责分工及时查处，并为控告人、检举人保密。” |
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| 25. Article 26 is changed to be Article 33 and is revised to read: "Where a person, in violation of the provisions of this Law, sells or uses the import commodities subject to inspection by the commodity inspection authorities, for the inspection of which he fails to file an application and which have not undergone inspection, or exports the commodities for export subject to inspection by the commodity inspection authorities, for the inspection of which he fails to file an application and which fail to pass the inspection, his unlawful gains derived therefrom shall be confiscated by the commodity inspection authorities and, in addition, be fined not less than five percent but not more than twenty percent of the value of the commodities; and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law." | | 二十五、第二十六条改为第三十三条，修改为：“违反本法规定，将必须经商检机构检验的进口商品未报经检验而擅自销售或者使用的，或者将必须经商检机构检验的出口商品未报经检验合格而擅自出口的，由商检机构没收违法所得，并处货值金额百分之五以上百分之二十以下的罚款；构成犯罪的，依法追究刑事责任。” |
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| 26. One article is added as Article 34, which reads: "Where a unit, in violation of the provisions of this Law and without permission by the State administration for commodity inspection, conduct inspection and survey of import and export commodities, the commodity inspection authorities shall order it to desist from the illegal operation; confiscate its unlawful gains derived therefrom and, in addition, impose on it a fine of not less than the amount, but not more than three times the amount, of the unlawful gains." | | 二十六、增加一条，作为第三十四条：“违反本法规定，未经国家商检部门许可，擅自从事进出口商品检验鉴定业务的，由商检机构责令停止非法经营，没收违法所得，并处违法所得一倍以上三倍以下的罚款。” |
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| 27. One article is added as Article 35, which reads: "Where a person imports or exports commodities which are adulterated or mixed with fake commodities, spurious commodities as genuine ones or defective commodities as good ones, or unqualified commodities as qualified ones, the commodity inspection authorities shall order him to desist from importing or exporting commodities, confiscate his unlawful gains derived therefrom and, in addition, impose on him a fine of not less than fifty percent of, but not more than three times the amount of, the value of the commodities; and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law." | | 二十七、增加一条，作为第三十五条：“进口或者出口属于掺杂掺假、以假充真、以次充好的商品或者以不合格进出口商品冒充合格进出口商品的，由商检机构责令停止进口或者出口，没收违法所得，并处货值金额百分之五十以上三倍以下的罚款；构成犯罪的，依法追究刑事责任。” |
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| 28. Article 27 is changed to be Article 36 and is revised to read: "Where a person fabricates, adulterates, deals in or steals commodity inspection certificates or documents, seals or stamps, marks, sealing or quality certification marks, he shall be investigated for criminal responsibility according to law; and if the violation is not serious enough for criminal punishment, the commodity inspection authorities shall order him to rectify, confiscate his unlawful gains derived therefrom and, in addition, impose on him a fine of not more than equivalent of commodities value." | | 二十八、第二十七条改为第三十六条，修改为：“伪造、变造、买卖或者盗窃商检单证、印章、标志、封识、质量认证标志的，依法追究刑事责任；尚不够刑事处罚的，由商检机构责令改正，没收违法所得，并处货值金额等值以下的罚款。” |
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| 29. One article is added as Article 37, which reads: "Where a staff member of the State administration for commodity inspection or the commodity inspection authorities, in violation of the provisions of this Law, divulges the commercial secrets of which he is aware, he shall be given an administrative sanction according to law; his unlawful gains, if any, shall be confiscated; and if the violation constitutes a crime, he shall be prosecuted for criminal responsibility according to law." | | 二十九、增加一条，作为第三十七条：“国家商检部门、商检机构的工作人员违反本法规定，泄露所知悉的商业秘密的，依法给予行政处分，有违法所得的，没收违法所得；构成犯罪的，依法追究刑事责任。” |
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| 30. Article 29 is changed to be Article 38 and is revised to read: "Where a staff member of the State administration for commodity inspection or the commodity inspection authorities abuses his power, intentionally creates difficulties, engages in malpractices for personal gain, fabricates inspection results or neglects his duty and delays the inspection of commodities and the issuance of certificates, he shall be given an administrative sanction according to law; and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law." | | 三十、第二十九条改为第三十八条，修改为：“国家商检部门、商检机构的工作人员滥用职权，故意刁难的，徇私舞弊，伪造检验结果的，或者玩忽职守，延误检验出证的，依法给予行政处分；构成犯罪的，依法追究刑事责任。” |
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| 31. Article 30 is changed to be Article 39 and is revised to read: "The commodity inspection authorities and other inspection bodies that conduct inspection or providing inspection and survey services in accordance with the provisions of this Law shall collect fees according to relevant State regulations." | | 三十一、第三十条改为第三十九条，修改为：“商检机构和其他检验机构依照本法的规定实施检验和办理检验鉴定业务，依照国家有关规定收取费用。” |
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| 32. Article 31 is changed to be Article 40 and is revised to read: "Regulations for the implementation of this Law shall be formulated by the State Council." | | 三十二、第三十一条改为第四十条，修改为：“国务院根据本法制定实施条例。” |
In addition, on the basis of this Decision, corresponding revisions and readjustments shall be made respectively to the wordings of some articles of this Law, and the order of the articles shall be rearranged accordingly. | |
此外，根据本决定对部分条文的文字作相应修改并对条文顺序作相应调整。 |
This Decision shall be put into effect as of October 1, 2002. | |
本决定自２００２年１０月１日起施行。 |
The Law of the People's Republic of China on Import and Export Commodity Inspection shall be repromulgated after the revisions are made according to this Decision. | |
《中华人民共和国进出口商品检验法》根据本决定作相应修正，重新公布。 |
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