Chapter 4 Processing of Noncompliant Products
Article 20
The central competent authority, labor inspection body and typecertification body mentioned in Paragraph 1, Article 8 of the Act shall follow up products not in compliance with safety standards, and carry out investigations to the manufacturer, importer or supplier and make interview reports.
For products mentioned in the preceding paragraph that are considered not safe, the organization or body mentioned in the preceding paragraph shall prepare a notification document stating the basis of regulations, reasons of notification, name of products, type, date of manufacture/import and name of manufacturer/importer, with supporting photos.
The labor inspection body or type certification body shall sent the investigation documents, interview reports and notifications of unsafe products mentioned in the preceding two paragraphs to the central competent authority.
The central competent authority shall process and keep the investigation documents, interview reports and notifications of unsafe products mentioned in the preceding paragraph in accordance with related regulations.
Article 21
Where the person subject to inspection evade, impede or refuse investigation without justified reasons, the inspector shall make a record and sent it to the central competent authority, labor inspection body or type certification body mentioned in Paragraph 1, Article 8 of the Act to process in accordance with related regulations.
The provisions of Paragraphs 2 and 3 of Article 18 shall apply mutandis mutatis to the content of the record mentioned in the preceding paragraph.
Article 22
The central competent authority may request assistance from the Customs to perform border inspection of products that do not comply with safety standards during purchased or sampled inspection and are likely to pose hazards to the safety of workers.
Article 23
If the products that fail inspection cannot be further modified to meet the safety standards, the obligatory applicant shall return the shipment, destroy or disassemble the products, or adopt other necessary measures within six months after receiving an a notice of noncompliance.
When actions mentioned in the preceding paragraph are taken to dispose of products, the obligatory applicant shall apply to the central competent authority for opening the seal, or may open the seal themselves, after obtaining an approval from, and under the supervision of, the central competent authority, labor inspection body and type certification body mentioned in Paragraph 1, Article 8 of the Act.
For products that are to be returned as mentioned in the first paragraph, theobligatory applicant shall report to the central competent authority to close the case by providing documents related to export or crosschecking the information on returned shipment with the Customs within three months after the products are returned.
Article 24
Sampled products that fail inspection shall be taken back by the obligatory applicant within three months after receiving the notice of noncompliance. Where the sampled products are not taken back by the obligatory applicant after three months, the central competent authority, labor inspection body and type certification body mentioned in Paragraph 1, Article 8 of the Act may destroy the products, dissemble the products to unusable status or take necessary actions.
The fees evolved from actions taken by the central competent authority, labor inspection body and type certification body mentioned in Paragraph 1, Article 8 of the Act to destroy the products, dissemble the products to unusable status or othernecessary dispositions shall be borne by the obligatory applicant.