Meaning
Legal applications submitted by a disputing party in a Chinese court or administrative proceeding request a secondary independent evaluation of contested evidence or goods. A counter appraisal is utilized when a party possesses reasonable grounds to suspect that the initial judicial or customs evaluation was technically flawed, procedurally deficient, or biased. It functions as a formal defense mechanism against adverse technical reports.
Evidentiary Challenge
Litigants must present concrete technical or procedural objections to the initial evaluation report to persuade the judge to grant the request. This challenge cannot rest on dissatisfaction with the outcome but must pinpoint specific errors in methodology or equipment calibration.
Administrative Request
Customs clearance disputes often involve these requests when importers contest the valuation or chemical classification of their shipments. The importer submits the request within the statutory timeline after receiving the preliminary appraisal decision.
Secondary Examination
The newly appointed independent institution conducts the evaluation using identical or superior technical procedures to resolve the contested points. This subsequent analysis either validates the original findings or replaces them entirely as the primary evidence in the case. Courts evaluate both reports side by side to determine which set of findings possesses greater scientific reliability.
