第九条 实施查验时需要提取货样、化验,以进一步确定或者鉴别进出口货物的品名、规格等属性的,海关依照《中华人民共和国海关对进出口货物实施化验鉴定的规定》等有关规定办理。
第十条 查验结束后,查验人员应当如实填写查验记录并签名。查验记录应当由在场的进出口货物收发货人或者其代理人签名确认。进出口货物收发货人或者其代理人拒不签名的,查验人员应当在查验记录中予以注明,并由货物所在监管场所的经营人签名证明。查验记录作为报关单的随附单证由海关保存。
Article 9 Where it is necessary to pick up samples or conduct testing during the course of inspection to further determine or distinguish the name, specification or any other nature of imported and exported goods, Customs shall handle it in accordance with the Provisions of the General Administration of Customs of the People's Republic of China on the Testing and Appraisal of Imported and Exported Goods.
Article 10 Upon completion of inspection, the inspectors shall faithfully fill in the inspection records and affix their signatures thereto. The inspection records shall be affirmed by the signature of the consignee or consigner of imported and exported goods or the agent thereof who is present. If the consignee or consigner of imported and exported goods or the agent thereof refuses to affix his/her signature, the inspectors shall indicate such a fact in the inspection records, and affirm it by the signature of the operator of the Customs control premises where the goods are placed. The inspection records shall be kept by Customs as attached documents to the Customs declaration form.
第十一条 有下列情形之一的,海关可以对已查验货物进行复验:
(一)经初次查验未能查明货物的真实属性,需要对已查验货物的某些性状做进一步确认的;
(二)货物涉嫌走私违规,需要重新查验的;
(三)进出口货物收发货人对海关查验结论有异议,提出复验要求并经海关同意的;
(四)其他海关认为必要的情形。
复验按照本办法第六条至第十条的规定办理,查验人员在查验记录上应当注明“复验”字样。
已经参加过查验的查验人员不得参加对同一票货物的复验。
Article 11 In any of the following circumstances, Customs may re-inspect those goods that have been inspected:
(1) The true nature of goods has not been identified upon the first inspection, and it is necessary to further determine some characteristics of the goods that have been inspected;
(2) The goods are suspected of being involved in a case of smuggling, and it is necessary to conduct a new inspection;
(3) The consignee or consigner of imported and exported goods holds objection to the inspection conclusion of Customs and requests re-inspection and the request has been approved by Customs; or
(4) Any other circumstance under which a new inspection is necessary as required by Customs.
The re-inspection shall be conducted according to Articles 6 up to 10 of these Measures, and the inspectors shall indicate the word of “re-inspection” on the inspection records.
Those inspectors who have participated in the first inspection shall not take part in the re-inspection of the same goods.
第十二条 有下列情形之一的,海关可以在进出口货物收发货人或者其代理人不在场的情况下,对进出口货物进行径行开验:
(一)进出口货物有违法嫌疑的;
(二)经海关通知查验,进出口货物收发货人或者其代理人届时未到场的。
海关径行开验时,存放货物的海关监管场所经营人、运输工具负责人应当到场协助,并在查验记录上签名确认。
Article 12 In any of the following circumstances, Customs may directly open the package of goods for inspection even if the consignee or consigner of imported and exported goods or the agent thereof is not on the scene:
(1) The imported and exported goods are suspected as illegal;
(2) The consignee or consigner of imported and exported goods or the agent thereof fails to come to the scene on time after he/she is notified by Customs of the inspection.
When Customs directly opens the package of goods for inspection, the operator of the Customs control premises where the goods are stored and the person responsible for the means of transport of the goods shall offer assistance on the scene, and affirm the inspection by affixing their signatures to the inspection records.