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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II RECORD-KEEPING FOR THE IMPORT OF USED MECHANICAL AND ELECTRICAL PRODUCTS CHAPTER III PRE-INSPECTION BEFORE SHIPMENT CHAPTER IV ARRIVAL INSPECTION CHAPTER V SUPERVISION AND ADMINISTRATION CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to strengthening and regulating the inspection, supervision and administration over import of used mechanical and electric products, and ensuring the safe quality of such products imported, these Provisions are formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection (hereinafter referred to the Commodity Inspection Law) and the implementation rules thereof. Article 2. The State Administration of Quality Supervision, Inspection and Quarantine (SIQSAQ) is in charge of the inspection, supervision and administration over import of used mechanical and electric products. Local administrations of entry-exit inspection and quarantine directly under SIQSAQ (hereinafter referred to the inspection and quarantine administrations) are in charge of the inspection, supervision and administration over import of used mechanical and electric products within their localities. Article 3. The inspection, supervision and administration over import of used mechanical and electric products include such items as follows: record-keeping, pre-inspection before shipment, arrival inspection, supervision and administration, etc. The inspection, supervision and administration over import of used mechanical and electric products imported shall conform to the laws, regulations and administrative rules on mechanical and electric safety, environmental protection, food hygiene, labor protection, and the compulsory requirements of other technical norms of the state. Article 4. The terms in the present Provisions are defined as follows: The term "record-keeping for import of used mechanical and electric products" refers to the application for goods registration and record-keeping made prior to the signing of contract by a consignee or its agent of used mechanical and electric products whose import is permitted by the state to SIQSAQ or the entry-exit inspection and quarantine administration under the direct control of SIQSAQ (hereinafter referred to the record-keeping administration) in the locality where the consignee of used mechanical and electrical products is located, and the processing of the relevant formalities. The term "pre-inspection before shipment" refers to the preliminary assessment on safety, hygiene and environmental protection of used mechanical and electrical products conducted prior to the shipment of the said products at the port of departure by the inspection and quarantine administration or the institution engaging in pre-inspection before shipment recognized by SIQSAQ, in accordance with the compulsory requirements of the technical norms of the state. The term "arrival inspection" refers to the qualification assessment conducted after the entry of used mechanical and electrical products, in accordance with the compulsory requirements of the technical norms of the state. The term "supervision and administration" refers to the whole-process administration conducted by the inspection and quarantine administration over consignee(s) and user(s) of used mechanical and electrical products imported concerning their sales and use of such products. Article 5. The state applies the record-keeping administration to import of used mechanical and electrical products. Those used mechanical and electrical products that fail to meet the designated requirements may not be put on record. Article 6. The inspection and quarantine administrations conduct both pre-inspections and arrival inspections for the import of used mechanical and electrical products involving the items of safety, hygiene and environmental protection. In case of any discrepancy, the arrival inspections shall prevail. For the import of other used mechanical and electrical products, only arrival inspections are required. Article 7. SIQSAQ is in charge of the accreditation of institutions engaged in pre-inspections before shipment. If necessary, SIQSAQ may accredit other inspection institutions to undertake the pre-inspections for a partial quantity of used mechanical and electrical products to be imported, and exercise supervision and administration over such institutions. The institutions should implement pre-inspections before shipment within the scope of authorizations and at the designation of SIQSAQ and the inspection and quarantine administrations under the direct control of SIQSAQ. Article 8. No sales, installation and use of used mechanical and electrical products imported may be permitted that have not gone through arrival inspections or fail to meet the compulsory requirements of the technical norms of the state concerning safety, hygiene, environmental protection, etc. during the arrival inspections. Article 9. SIQSAQ is in charge of the training, qualification accreditation and administration of the persons engaging in the pre-inspections before shipment of used mechanical and electrical products to be imported (hereinafter referred to the pre-inspection personnel). No persons may engage in the pre-inspections of used mechanical and electrical products to be imported unless accredited by SIQSAQ. CHAPTER II RECORD-KEEPING FOR THE IMPORT OF USED MECHANICAL AND ELECTRICAL PRODUCTS Article 10. The consignees of used mechanical and electrical products imported or the agents thereof (hereinafter referred to the record-keeping applicants) should apply for the processing of record-keeping formalities prior to the signing of contract in accordance with the provisions. Prior to the record-keeping, the consignees of used mechanical and electrical products imported or the agents thereof that are subject to record-keeping with SIQSAQ under the relevant provisions should, together with the designated documents for record-keeping, apply for preliminary examination of record-keeping to the local inspection and quarantine administration under the direct control of SIQSAQ, which will submit to SIQSAQ the preliminary examination opinions and the relevant record-keeping documents. Article 11. During the process of applying for record-keeping, the applicants should complete the Letter of Application for File-keeping of Import of Used Mechanical and Electrical Products, which specifies the names, specifications, types, quantity, capital amount, production places, purposes and places of use of the used mechanical and electrical products to be imported, and provide other relevant documents in accordance with the relevant requirements. The application documents submitted by the record-keeping applicants shall be authentic and complete. For the import of used mechanical and electrical products for the purposes of sales, leasing and repairs, etc. which are subject to the implementation of the compulsory product certification system, the import quality licensing administration and the requirements of other provisions, the record-keeping applicants shall provide the corresponding certification documents during their applications. Article 12. The examination over the record-keeping applications by the record-keeping administrations include: (1) examination over the authenticity, completeness and coherence of the record-keeping application documents; (2) checking whether the used mechanical and electrical products to be imported meet the requirements of the compulsory product certification system and the import quality licensing administration; and (3) checking whether the used mechanical and electrical products to be imported meet the compulsory requirements of the technical norms of the state concerning safety, hygiene, environmental protection, etc. Article 13. After the record-keeping applications survive the examination, if the used mechanical and electrical products have to obtain the import certification documents issued by the Ministry of Commerce, the relevant department(s) under the State Council or the local administrative organs in charge of import and export of mechanical and electrical products, the record-keeping administrations will issue the Contact Form on the Proposed Record-keeping for Import of Mechanical and Electrical Products. After the consignees or the agents thereof obtain the import certification documents, the record-keeping administrations may conduct the record-keeping. If the obtaining of the said documents is not required, the record-keeping administrations may conduct the record-keeping directly. No record-keeping may be conducted for those applications that fail to meet the requirements upon examination. Article 14. The record-keeping administration should, within 5 office days, determine whether a pre-inspection is needed for the batch concerned of the used mechanical and electrical products to be imported before their shipment. Where a pre-inspection is needed, the record-keeping administration will issue the Letter of Record-keeping for Pre-inspection Before Shipment of Used Mechanical and Electrical Products to Be Imported (hereinafter referred to the Record-keeping Letter). Where no pre-inspection is needed, the record-keeping institution will issue the Letter of Certification for Exemption of Pre-inspection Before Shipment of Used Mechanical and Electrical Products to Be Imported (hereinafter referred to the Certification Letter for Pre-inspection Exemption). CHAPTER III PRE-INSPECTION BEFORE SHIPMENT Article 15. For the import of used mechanical and electrical products whose Record-keeping Letter is issued by SIQSAQ, SIQSAQ will designate the inspection and quarantine administration under its direct control to arrange and implement the pre-inspection before shipment. For the import of used mechanical and electrical products whose Record-keeping Letter is issued by the inspection and quarantine administration under the direct control of SIQSAQ, the said administration will be in charge of arranging and implementing the pre-inspection before shipment. Article 16. The inspection and quarantine administrations under the direct control of SIQSAQ shall report to SIQSAQ of the time, place, participants, preliminary inspection program and the Record-keeping Letter (photocopy), and go through the formalities for approval pursuant to the relevant provisions, before arranging and implementing the pre-inspections before shipment. Without the approval of SIQSAQ, no the inspection and quarantine administrations may arrange for and implement such pre-inspections. Article 17. The pre-inspection personnel should collect and study in advance the documents concerning the purpose, performance and technical norms for inspection, etc. of the used mechanical and electrical products to be imported, determine the inspection items and methods, formulate the inspection program, and conduct the pre-inspection in accordance with the program. Article 18. A pre-inspection before shipment shall include: (1) checking whether the used mechanical and electrical products to be imported conform to the approval items of the state; whether, according to the existing provisions on entry verification, the relevant products conform to the requirements of the compulsory product certification system, the import quality licensing administration, and other provisions; (2) verifying whether the substantial items such as the names, specifications, types, quantity, production places, manufacturing date, functional conditions and prices conform to the contract or agreement; and (3) inspecting the items of safety, hygiene, environmental safety, etc.: 1. checking the safety marks and warning signs on the exterior of the goods; 2. checking the safety performance of the protective device and that of the electrical, and mechanical parts during motionlessness of the goods; 3. checking the safety, reliability and stability of the goods in operation; and 4. inspecting the safety and environmental protection items of the goods. Article 19. After on-the-spot inspection, the pre-inspection personnel should propose preliminary assessment opinions on the possible hazards that the used mechanical and electrical products imported may bring and the degrees thereof in terms of safety, hygiene, environmental protection, etc., and notify the consignees of the used mechanical and electrical products of such opinions. The preliminary assessment opinions on the items of safety, hygiene, environmental protection for the pre-inspection of used mechanical and electrical products before shipment vary in three types: (1) without finding any inconformity with the inspection basis; (2) finding something inconsistent with the inspection basis, but such inconformity can be eliminated through technical measures; and (3) finding something inconsistent with the inspection basis, but such inconformity can not be eliminated through technical measures. Article 20. The pre-inspection personnel should have the spot inspection recorded, and collect the relevant evidence. Explanations should be given in the work record on the items that cannot be inspected due to restricted conditions and the problems found during an inspection. Upon finding anything inconsistent with the inspection basis, if such inconformity can be eliminated through technical measures, the pre-inspection personnel should require the trade interested persons of import of used mechanical and electrical products to conduct technical treatment. The consignees shall see to it that the used mechanical and electrical products, after going through rectifications, conform to the compulsory requirements of the technical norms of the state concerning safety, hygiene and environmental protection, and make the corresponding commitment in this regard. Upon finding anything inconsistent with the inspection basis, if such inconformity cannot be eliminated through technical measures, the pre-inspection personnel shall notify the consignees that the unqualified used mechanical and electrical products are denied entry into China. Article 21. The executive institution for pre-inspection before shipment should, within 7 working days after the conclusion of the pre-inspection, issue a Report on Pre-inspection Before Shipment, which specifies the preliminary assessment opinions on items such as safety, hygiene and environmental protection of the used mechanical and electrical products to be imported. Article 22. The executive institution for pre-inspection before shipment should submit for examination in good time the Report on Pre-inspection Before Shipment (an original and a photocopy), the Record-keeping Letter (photocopy), and the relevant original record on inspection to the inspection and quarantine administration in the locality where the consignee of the used mechanical and electrical products imported is located. If the import of used mechanical and electrical products conforms to the prescribed procedures for pre-inspections upon examination, the inspection and quarantine administration under the direct control of SIQSAQ will issue to the consignee the Certificate of Pre-inspection Before Shipment of Used Mechanical and Electrical Products to be Imported (hereinafter referred to the Certificate of Pre-inspection Before Shipment), into which indication such as "this Certificate only certifies that the pre-inspection has been executed for the import of these used mechanical and electrical products before their shipment; the executive institution for the pre-inspection takes responsibility for the pre-inspection result" will be incorporated. Article 23. After examination of the Report on Pre-inspection Before Shipment and issue of the Certificate of Pre-inspection Before Shipment, the inspection and quarantine administration under the direct control of SIQSAQ should submit the photocopies of the Report and the Certificate to SIQSAQ for record. Article 24. The trade interested persons of the import of used mechanical and electrical products shall actively assist the designated institutions in executing pre-inspections, and cooperate with the designated personnel in conducting pre-inspections. CHAPTER IV ARRIVAL INSPECTION Article 25. After the arrival of used mechanical and electrical products at the port, the consignees or the agents thereof shall go through formalities for import inspection applications, together with the Certification Letter for Pre-inspection Exemption (original), or a whole set of the Record-keeping Letter (original), the Report on Pre-inspection Before Shipment (original), the Letter of Certification for Pre-inspection Before Shipment (original), and other necessary documents. Article 26. The port inspection and quarantine administrations should verify the documents after accepting the inspection applications. If necessary, the said administrations may execute spot inspections in accordance with the provisions, and issue to those meeting the requirements the Customs Clearance Form on Entry of Goods, on which the Chinese characters meaning "used mechanical and electrical products" shall be indicated. Article 27. For the import of used mechanical and electrical products that are shipped in batches, the port inspection and quarantine administrations should process the writing-off formalities on the attached pages of the original and the effective lists of the certification documents for the import of used mechanical and electrical products. If the writing-off formalities have yet to be finished, the said administrations will keep the photocopy(s) of the certification documents while return the originals to the inspection applicants. The originals will be called back after all the writing-off formalities are finished. Article 28. Arrival inspections will be conducted for the import of used mechanical and electrical products by the inspection and quarantine administration in the place of use of such products. If the place of use is not specified, the inspection and quarantine administration at the port of entry of such products will take charge of the inspection. Article 29. If an inspection needs to be executed in the place other than that of entry, the entry inspection and quarantine institution at the port should, after issuing the Customs Clearance Form on Entry of Goods, mail the Letter of Certification of Pre-inspection Exemption (original) that have been written off and the attached pages of the original thereof, the Record-keeping Letter and the attached pages of the original thereof, and the Report on Pre-inspection Before Shipment (original), the Letter of Certification of Pre-inspection Before Shipment (original), other inspection application documents and the third page of the Customs Clearance Form on Entry of Goods, to the inspection and quarantine administration in the place of use.กก If the writing-off formalities have not been finished, the photocopies of the originals of the record-keeping certification documents will be mailed. The entry inspection and quarantine administration at the port should have the photocopies of the originals of the record-keeping certification documents and other inspection application documents filed for the record. Article 30. The consignees or the agents thereof of the used mechanical and electrical products imported should, within 6 working days after the arrival of the goods at the place of use, apply for inspections with the inspection and quarantine administrations at the place of use of such goods, together with the relevant inspection application documents. The said administrations should arrange for inspections in good time. Article 31. An arrival inspection shall include: (1) Open-package inspection: 1. checking whether the used mechanical and electrical products imported conform to the approval items of the state; whether, according to the existing provisions on entry inspections, the relevant products conform to the requirements of the compulsory product certification system, the import quality licensing administration and other provisions; 2. checking whether the exterior and package of the used mechanical and electrical products imported have defects or damage; and 3. verifying whether the substantial items such as the names, specifications, types, quantity, production places, manufacturing date, functional conditions and prices conform to the contract or agreement; (2) Inspection on the safety item in accordance with the compulsory standards concerning electrical and mechanical safety of the used mechanical and electrical products imported: 1. checking the safety marks and warning signs on the exterior of the goods; 2. checking the safety performance of the protective device and that of the electrical and mechanical parts during motionlessness of the goods; and 3. verifying the safety, reliability and stability of the goods in operation; (3) Inspection on the hygiene and environmental protection items in accordance with the compulsory standards of the state concerning hygiene and environmental protection: 1. checking the hygiene conditions of the goods; and 2. examining whether the noise, dust content, radiation and emission of the goods in operation meet the requirements; (4) Verification over the effectiveness of the technical and rectification measures taken for the items failing the pre-inspection; and (5) Inspection on other items may be implemented in accordance with the relevant provisions on the inspection of the identical type of mechanical and electrical products. Article 32. For those passing the inspections, a Certification of Entry Inspection and Quarantine of Goods will be issued, and the approval extended for their sales, installation and use. The used mechanical and electrical products imported will be pronounced unqualified if they are in any of the following circumstances: (1) Either the name, quantity, specification or conditions fails to conform to the approval items of the state; (2) The safety, hygiene, or(and) environmental protection item(s) fail to meet the compulsory requirements of the technical norms of the state, and the technical treatment can not be conducted or the goods fail the inspection again after the technical treatment is conducted; or (3) The goods cannot continue to be used for the originally designed purpose(s) after installation and adjustment. Article 33. For the used mechanical and electrical products imported which have been pronounced unqualified, the inspection and quarantine administration should issue the certificate of entry inspection and quarantine of goods and order the consignees to return or destroy the goods or conduct the disposal in accordance with the relevant provisions. CHAPTER V SUPERVISION AND ADMINISTRATION Article 34. The inspection and quarantine administrations should strengthen the monitoring over the items of safety, hygiene and environmental protection during the sales and use of the used mechanical and electric products imported, and exercise supervision and administration over the sales and use of the said products. Article 35. In case any serious accident involving safety, hygiene or environment is caused during the use of the used mechanical and electric products imported, SIQSAQ may order suspension of the use, notify the competent departments for handling and, in accordance with the administrative rules concerning risk warning and quick reaction, and suspend the record-keeping formalities for the identical or similar type of the said products. Article 36. SIQSAQ applies a registration system to the importers engaging in the import of used mechanical and electric products that are intended for sales, lease or repairs. Article 37. Upon discovery of any deceptive declaration of the used mechanical and electric products imported or evasion of state administration over such products, punishment will be given in accordance with the relevant provisions of the Commodity Inspection Law and the implementation rules thereof. Cases of violation of other laws and regulations of the state will be handed over to the competent departments for further handling. Article 38. The institutions engaged in pre-inspections before shipment shall operate pre-inspections in accordance with the procedures and requirements prescribed by SIQSAQ, ensure work quality, take responsibility for the authenticity and accuracy of the Report on Pre-inspection Before Shipment being issued, and undertake corresponding legal liabilities. If any institution engaged in pre-inspections before shipment violates any of the present Provisions or commit acts such as abusing powers for illegal interests, practicing fraud, and falsifying the pre-inspection result, SIQSAQ may, based on the seriousness of the circumstances, give punishment such as warning, suspension of the inspection work, or disqualification for engaging in pre-inspections. Article 39. The pre-inspection personnel shall execute pre-inspections in accordance with the procedures and requirements prescribed by SIQSAQ, perform their duties seriously, and take responsibility for the authenticity and accuracy of the pre-inspection result. If any pre-inspection personnel violate the present Provisions or commit acts such as abusing powers for illegal interests, practicing fraud, and falsifying the pre-inspection result, or make big errors during a inspection which have resulted in serious consequences, SIQSAQ may disqualify them from participating in pre-inspections. Article 40. The inspection and quarantine administrations under the direct control of SIQSAQ should strengthen the statistics of pre-inspections and inspections, and compile and report regularly the relevant work information to SIQSAQ. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 41. The inspection procedures and assignment for the import of used pressure vessels shall be implemented in accordance with the relevant provisions. Article 42. The power to interpret the present Provisions shall remain with SIQSAQ. Article 43. The present Provisions shall come into force as of October 1, 2003. In case any discrepancy exists between the relevant provisions heretofore adopted and the present Provisions, the latter shall prevail. |
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