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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION CHAPTER III THE INSPECTION OF SAMPLES CHAPTER IV THE EXAMINATION OF PRODUCTION AND MONITORING CONDITIONS CHAPTER V THE EXAMINATION, APPROVAL AND USE OF THE QUALITY LICENCES AND THE SAFETY MARKS CHAPTER VI FOLLOW-UP INSPECTION AND SUPERVISION CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The detailed provisions are formulated with a view to strengthening the inspection and quality supervision of import electromechanical commodities, fulfiling the needs of environmental protection, safeguarding the interests of the State and consumers and ensuring the safety of life and property in accordance with the "Import and Export commodities Inspection Law of the People's Republic of China" and the "Regulations Governing the Supervision and Control on the Quality of Import Commodities" promulgated jointly by the State Administration for the Inspection of Import and Export Commodities, the State Economic Commission, the Ministry of Foreign Economic Relations and Trade and the General Administration of Customs and the "Regulations for the Implementation of the Licence System Governing the Quality of Import Commodities" (on trial enforcement) promulgated by the State Administration for the Inspection of Import and Export Commodities. Article 2. The detailed provisions are applicable to electromechanical commodities listed in the Catalogue of Import Commodities Subject to the Quality Licence System (hereafter referred to as the Catalogue). Article 3. All electromechanical commodities listed in the Catalogue must secure the quality licences approved by the State Administration for the Inspection of Import and Export Commodities and bear a Safety Mark of the Administration prior to importation. Article 4. The licence system governing the quality of import commodities is under the unified administration of the Stage Administration for the Inspection of Import and Export Commodities and the enforcement of the system is organized by the Administration to be handled by the import inspection organs assigned by the Administration (hereafter referred to as the assigned organs). CHAPTER II APPLICATION Article 5. After the promulgation of the Catalogue, manufacturers and businessmen abroad or their agents (hereafter referred to as applicants) may refer written applications to the State Administration for the Inspection of Import and Export Commodities, specifying the name, model or type, specifications and factory of the commodity for application. Applications for commodities in the Catalogue are made according to models or types in principle. Separate applications must be made for commodities of the same model manufactured by different factories or by the same factory in different localities. Article 6. The designated inspection organs will send a blank application form to the applicant upon receiving his/her application. The applicant must fill in the form as stipulated and go through the application procedures. Meanwhile they must submit relevant technical data (see Appendix 1) and samples required in the application forms and pay the charges needed for the application. All materials and application forms delivered by the applicants shall be written in Chinese or in English. CHAPTER III THE INSPECTION OF SAMPLES Article 7. The applicants shall, in accordance with requirements stated in the application forms, mail samples and relevant materials to the commodities inspection organs or laboratories assigned by the State Administration for the Inspection of Import and Export Commodities (hereafter referred to as inspection organs). Upon receiving the samples, the inspection organs shall carry out inspection according to the safety inspection items and standards of the commodities concerned (see Appendix 2). Upon completion of inspection, the inspection organs shall send inspection reports in addition with relevant materials submitted by the applicants to the assigned organs. For the series products or variants of the basic models (or types) for which applications have been filed and inspection passed, only the related items of the sections which are different from the basic models or types have to be inspected (the charges for the inspection of samples shall be reduced accordingly). Foreign laboratories approved by the State Administration for the Inspection of Import and Export Commodities may be entrusted to conduct certain inspections. Inspection may also be undertaken by the commodity-producing factory under the supervision of an expert team sent by the State Administration for the Inspection of Import and Export Commodities. Article 8. In case the technical materials delivered by the applicants fail to meet the requirements for the inspection of samples, the inspection organs may inform the applicants to make up the required materials in time and at the same time inform the assigned organs in this connection. Article 9. While the samples come up to the requirements, the assigned organs shall inform the applications to prepare for the examination of the production and monitoring conditions in the factories and appoint a definite time for the examination. In case the samples are not qualified, the assigned organs shall send notices of disqualification explaining in explicit terms the unqualified items of the products and the inspection results, or send additional notices specifying the requirements for improving the products and setting a time limit for the mailing of sample for re-inspection of the improved products and the charges for re-inspection. CHAPTER IV THE EXAMINATION OF PRODUCTION AND MONITORING CONDITIONS Article 10. The production and monitoring conditions of the manufacturers shall ensure that their products shall conform to the technical norms assumed in China. Article 11. The examination of the production and monitoring conditions is organized and implemented by personnel sent by the State Administration for the Inspection of Import and Export Commodities. The examination shall proceed according to the "Outline for the Examination of the Production and Monitoring conditions of the Manufacturers" (see Appendix 3). In case the production and monitoring conditions of the manufacturers are unqualified, the assigned organs shall send notices of disqualification to the manufacturers and specify the unqualified items of the production and monitoring conditions and the results of the examinations. CHAPTER V THE EXAMINATION, APPROVAL AND USE OF THE QUALITY LICENCES AND THE SAFETY MARKS Article 12. If the samples and the production and monitoring conditions of the manufacturers are qualified after inspection and examination, the assigned organs shall submit written reports to the State Administration for the Inspection of Import and Export Commodities that sign and issue quality licences, approve the use of Safety Marks and make unified announcements. The quality licences and notices shall be mailed to the applicants by the assigned organs. Article 13. Upon receiving the notice, the applicants shall give indication of their needed amount of Safety Marks in accordance with stipulations of the notice and pay production costs of the Safety Marks. The Safety Marks shall be mailed to the applicants by the assigned organ. The Safety marks shall be pasted on conspicuous parts of the products. for automobiles, it shall be pasted on the right upper corner of the windscreen; for motorcycles on the noses; for the engines of the motorcycles on the sides of the body; and for electrical engineering products on the back. CHAPTER VI FOLLOW-UP INSPECTION AND SUPERVISION Article 14. Upon receiving the import electromechanical commodities covered by the "List of Import and Export Commodities Subject to Inspection by the Assigned Organs" and by the Catalogue, consignees and users must report to the local assigned organs for inspection and the commodities shall go through legal inspection by the assigned organs. Article 15. For commodities that have obtained the quality licences and have used the Safety Marks, inspectors dispatched by the State Administration for the Inspection of Import and Export Commodities or by approved laboratories abroad entrusted by the State Administration for the Inspection of Import and Export Commodities (including the inspection organs) shall make irregular inspections of the use of the Safety Marks and the manufacturers' production and monitoring conditions) see Appendix 4). The inspection shall not be less than once a year. Article 16. In accordance with Article 15, in case the commodities are not up to the standards in the regular inspections, the assigned organs shall inform, subject to the consent of the State Administration for the Inspection of Import and Export Commodities, the applicants to suspend the use of the Safety Marks and shall seal up the remaining Safety Marks for safekeeping. The applicants shall submit written applications to the State Administration for the Inspection of Import and Export Commodities for the reuse of the Safety Marks. If the results of the reexamination of the manufacturers and commodities are up to the standards, the assigned organs shall inform, subject to the approval of the State Administration for the Inspection of Import and Export Commodities, the applicants to reuse the Safety Marks. Article 17. When there are changes in the manufacturers' production and monitoring conditions, raw and processed materials, elements and devices, parts and components and the product mix for products that have been approved the use of the Safety Marks, the continuation to use the Safety Marks shall only be allowed after the changes and the inspection results of the varied products are reported to the assigned organs and upon certification by the State Administration for the Inspection of Import and Export Commodities. In case safety performance is involved in the changes, the re-inspection of samples and components is required in principle. Article 18. In case one of the three performances below occurs, the assigned organs shall inform, subject to approval by the State Administration for the Inspection of Import and Export commodities, the applicants of revoking the quality licences and shall recall the Safety Marks: (1) The applicants presumptuously use the Safety Marks on their unauthorized commodities; (2) Upwards of two batches of import commodities bearing the Safety Marks are found not up to the 4requirements for safety performance; or (3) The results of the inspection (including the extended re-inspection of random sample) of random samples sealed up at the factories are not up to standards. The revoked quality licences shall be announced by the State Administration for the Inspection of Import and Export Commodities. The applicants cannot submit a new application within six months from the date of the announcement. Article 19. Those who import or sell, without authorization, electromechanical commodities that are listed in the Catalogue but do not possess quality licences and safety Marks, or forge, sell or transfer quality licences or Safety marks shall be punished in accordance with relevant laws and regulations in China. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 20. The applicants shall offer convenience for inspectors sent by the State Administration for the Inspection of Import and Export commodities or by laboratories abroad entrusted by the administration to examine, inspect or seal up random samples and shall assist them in getting entry visas and in other procedural matters. Article 21. The applicants shall pay all charges as stipulated including the application fees, sample monitoring fees, fees for examining the production and monitoring conditions, fees for daily supervision, fees for inspecting random samples and the production costs of Safety Marks, etc. Article 22. The assigned organs, the inspection organs and the entrusted laboratories abroad shall not divulge the secrets of the technology of the commodities, the production and monitoring technique of the manufacturers and the examinations and inspections results to a third party. Article 23. The applicants may appeal to the State Administration for the Inspection of Import and Export Commodities for reexamination when they disagree with the results of the inspections and examinations. Article 24. The detailed provisions will take effect on August 1, 1989 for trial implementation and the right to interpret the detailed provisions is vested in the State Administration for the Inspection of Import and Export Commodities. Appendix: omitted. |
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