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Practical Guide to Distribution in China



1 Nov 2005
3-2 Regulations Governing Import and Sale of Goods

Laws and regulations governing the import of goods mainly cover commodity inspection, animal and plant quarantine or health quarantine, trademark registration, packaging and labelling.

The Chinese government prohibits the sale or use of any imported goods that are not issued the certificate of inspection and quarantine for imports or health certificate by the inspection and quarantine authorities. China carries out mandatory inspection of imported goods listed in the Catalogue of Import-Export Commodities Subject to Inspection and Quarantine by Entry-Exit Inspection and Quarantine Organs and other imported goods as stipulated in other laws and regulations. At the port of entry, the imported goods will be released by Customs upon presentation of the customs declaration form duly stamped by the inspection and quarantine authorities.

The Chinese government adopts a compulsory certification system on products related to human health and safety, animals and plants, environmental protection and public safety. Products listed in the Catalogue of Products Subject to Compulsory Product Certification are only allowed to be imported into China for sale upon obtaining product certification issued by certification bodies designated by the National Regulatory Commission for Certification and Accreditation. The "3C" certification mark must also be properly affixed.

China implements an inspection and quarantine system on all imported food. Food importers or their agents must apply to designated inspection and quarantine authorities for verification of food labelling prior to import and export. Those meeting the requirements will be issued the Certificate of Import-Export Food Labelling Verification (the Certificate) by the General Administration of Quality Supervision, Inspection and Quarantine. Upon importing the food, the Certificate should be submitted to entry-exit inspection and quarantine authorities to apply for inspection and quarantine. Customs will release the goods upon presentation of the Entry-Exit Inspection and Quarantine Health Certificate issued by the Administration for Entry-Exit Inspection and Quarantine.

China implements a registration system on drugs. An Imported Drug Registration Certificate issued by the State Food and Drug Administration is required for the import of drugs, while a Medical Product Registration Certificate is required for the sale and use of drugs produced in Hong Kong, Macau and Taiwan. Enterprises dealing in drugs must obtain the Pharmaceuticals Operator Licence and the Pharmaceuticals Production Quality Control Standards Certification issued by the food and drug administration. After the imported drugs have arrived at the port of entry, the importing enterprise has to send them to the local port-of-entry drug laboratory for inspection. Customs will release the drugs upon presentation of the customs declaration form for import goods duly stamped by the laboratory.

Under the Regulations on Customs Protection of Intellectual Property Rights, in addition to submitting the Customs Declaration Form for Import-Export Goods, the consignee of imported goods should, at the request of Customs, fill out a supplementary declaration form stating the IPR information of the goods concerned, including the description and nature of the IPR, the IPR registration number (such as patent number, trademark registration certificate number and copyright registration number), and the name and address of the right owner.

Goods imported into China must carry proper identification marks and descriptions in Chinese.