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Chapter Law Content

Chapter I General Principles
Article 1
These Regulations are based on the provisions of Article 56 of the Commodity Inspection Act (the Act).
Article 2
The inspection authority mentioned in these Regulations refers to the Bureau of Standards, Metrology and Inspection (the BSMI) of the Ministry of Economic Affairs, its branches, or agencies entrusted, legal entities or organizations.
Article 3
The Inspection fees mentioned under these regulations are as follows :
1. Inspection fees;
2. Examination fees;
3. Assessment fees;
4. Registration fees;
5. Certificate fees;
6. On-site fees;
7. Testing fees; and
8. Service fees.
Fees shall be counted & collected in New Taiwan Dollars. The amount of mantissa less than one NT dollar will not be counted.
Article 4
The fees mentioned in the subparagraphs 1) to 6) of the first paragraph of the preceding Article shall not be collected for the following commodities:
1. Commodities that are to be used for rescue purpose, accompanied with proper documentation from government authorities; or
2. Commodities that are to be used for salvaging purpose, accompanied with proper documentation from government authorities.
Article 5
Where the inspection fees are collected based on foreign currencies, the foreign exchange rates will follow those announced by the Customs Administration, Ministry of Finance every ten days for purpose of customs clearance (buying for export and selling for import).
Article 6
An applicant shall submit foreign currency exchange certificates or other evidence along with the inspection application in order for the inspection authority to calculate the relevant inspection fees and rates. If such documents are not submitted along with the inspection application, an applicant is required to do so within one month.
Article 7
Assessment fees shall be charged based on the actual on-site or remote assessment days.
Article 8
The statutory fees shall be paid to the state exchequer designated by the inspection authority or the BSMI.
If the statutory fees are overpaid or paid in error due to computing mistakes or other reasons, an application for a refund of overpayment can be made to the inspection authority. The application procedures shall be prescribed by the BSMI.
Article 9
The on-site fees shall be collected in accordance with the following rules for on-site activities performed by personnel of the inspection authority, such as inspection, sampling, correction or destruction of commodities under supervision, examination of inspection marks, on-site check, export of commodities that are imported, sealing of commodities, transportation of commodities under supervision, and other inspection-related business:
1. An NT$500 on-site fee for each person each time, for activities conducted domestically. If the inspector cannot commute to the place of inspection and back within the same day or has to commute between different branches, the on-site fees shall be collected in accordance with the costs and expenses set forth in the “Operating Guidelines Governing Domestic Business Travel Expenses;”
2. The on-site fee for one inspector shall be collected for each batch of commodity being inspected;
3. The on-site fee for one inspector shall be collected from the same applicant if batches of commodities are stored at the same place and the on-site inspection is conducted at the same time;
4. The on-site fees shall be collected separately from the same applicant if the commodities are stored in different places;
5. The on-site fees shall be collected separately for the same applicant if commodities are stored at the same place but covered by different inspection applications. If on-site inspection is conducted at the same time for these commodities, the on-site fees shall be collected for one inspector after a declaration is made; or
6. The on-site fees shall be collected separately for different obligatory inspection applicants regardless of whether the commodities are stored in the same place.
The inspection authority shall collect on-site fees based on the number of inspectors dispatched, if there are large quantities of commodities and one inspector cannot complete the task in one day.
The inspection authority may not collect on-site fees for any personnel not related to the inspection.
If the inspection authority approves withdrawal of the on-site inspection application made by an applicant, it shall return the on-site fees.
On-site fees shall not be collected if the inspection authority has offices stationed in the harbour storehouses to accept inspection applications and conduct on-site activities.
Article 10
Upon request by an applicant, the inspection authority shall add up the collection of fees in accordance with the following rules, if relevant activities are conducted over an extended time. This does not apply to the acceptance of documents or those services announced by the BSMI to have 24-hour service available.
1. The extended operational hours during a weekday are from 6:00 AM to 8:30 AM or from 5:30 PM to 10:00 PM. An NT$400 fee for each batch of commodities shall be collected.
2. The extended operational hours during weekends and statutory holidays shall be from 6:00 a.m. to 10:00 p.m. An NT$1,000 fee for each batch of commodities shall be collected.
3. A fee of NT$2,000 shall be collected for activities taking place outside the special operational hours mentioned in the preceding items 1) and 2).
If the inspection authority approves withdrawal of applications for extended operation made by an applicant, it shall return the extended operation fees.
If the same applicant applies for inspection of several batches of commodities and the related inspection activities can be conducted at the same time, the inspection fees for the extended-time operation shall be collected for one batch of commodities.
Article 11
The examination fee of applications for exemption from inspection shall be NT$200 per application.
The examination fee of business enterprises approved by the competent authority for application for an extended exemption of designated commodities shall be NT$3,000 per application.
Article 12
A fee at NT$100 shall be charged for actions concerning certificates, certificates of conformity and notices, such as issuance of replacement certificates, copies of certificates or separation of certificates, except for those specified otherwise in these Regulations.
A fee at NT$100 shall be charged each time for updating information upon request by the applicant from on-line application, except for updating not attributable to the applicant.