Administrative Measures For The Import Of Mechanical And Electrical Products

Original Language Title: 机电产品进口管理办法

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(April 7, 2008 the Ministry of Commerce, General Administration of customs, State administration of quality supervision, inspection and quarantine announced as of May 1, 2008, 2008 7th) Chapter I General provisions article to promote the healthy development of foreign trade, implementing the industrial policies of the State, safeguard market order, according to the People's Republic of China Law on foreign trade, the People's Republic of China Customs law and the People's Republic of China import and export control and related laws, administrative regulations, and these measures are formulated. Article referred to machinery and electronic products (containing the used mechanical and electrical products), refers to machinery and equipment, electrical equipment, transportation, electronics, instrumentation, electrical products, metal products, their parts and components.
    The specific range of mechanical and electronic products see annex.
    This approach by said old electromechanical products is refers to has following case one of of electromechanical products: (a) has using (not containing using Qian test, and debugging of equipment), still has basic function and must value of; (ii) without using, but over quality guarantee period (non-warranty period) of; (three) without using, but store time had long, parts produced obviously tangible loss of; (four) new old parts mixed loaded of; (five) after refurbished of.
    Third article this regulation is applicable to mechanical and electrical products imported to People's Republic of China Customs territory.
    Fourth article import of mechanical and electrical products shall comply with the relevant safety, health and environmental protection provisions of laws and administrative rules and regulations and technical standards. Fifth Ministry of Commerce is responsible for mechanical and electrical products import administration work throughout the country.
    State Office for import and export of machinery and electronic products are located in the Ministry of Commerce.
    All provinces, autonomous regions, municipalities, separately listed cities, coastal open cities and special economic zones Office of the import and export of machinery and electronic products and relevant departments of the State Council Office for import and export of machinery and electronic products (referred to as local, Department, electrical and mechanical) commissioned by the Department of Commerce, responsible for the local area, mechanical and electrical products import administration of the Department.
    Sixth national classification management of mechanical and electrical products imported, that is divided into a ban on imports, restrictions on imports and free import categories.
    Based on import monitoring needs, partly free of mechanical and electrical products to be imported subject to automatic import licensing. Second chapter ban imports seventh article has following case one of of electromechanical products, ban imports: (a) for maintenance national security, and social public interests or public moral, need ban imports of; (ii) for protection people of health or security, protection animal, and plant of life or health, protection environment, need ban imports of; (three) in accordance with other legal, and administrative regulations of provides, need ban imports of; (four) according to People's Republic of China by concluded or participate in of international treaty, and agreement of provides,
    Need to ban imports.
    Eighth Ministry of Commerce in collaboration with the General Administration of customs, State administration of quality inspection and other relevant departments to develop, adjust and publish a catalogue of the prohibition of the import of mechanical and electrical products.
    Countries according to the used mechanical and electrical products to the State security and social and public interests of safety, hygiene, health, environmental protection and the extent of possible damage, will exceed the prescribed manufacturing time of used mechanical and electrical products, merged in the above mentioned directory.
    Third chapter limit imports Nineth article has following case one of of electromechanical products, limit imports: (a) for maintenance national security, and social public interests or public moral, need limit imports of; (ii) for protection people of health or security, protection animal, and plant of life or health, protection environment, need limit imports of; (three) for established or speed up established domestic specific industry, need limit imports of; (four) for guarantees national international financial status and international balance, need limit imports of;
    (E) in accordance with the provisions of other laws and administrative regulations necessary to restrict imports of; (vi) according to People's Republic of China concluded or acceded to by provisions of international treaties, agreements, need to limit imports. Tenth Ministry of Commerce in collaboration with the General Administration of customs, State administration of quality inspection be formulated, adjusted and publish a catalogue of the limitation of mechanical and electrical products to be imported.
    Restrict the import of machinery and electronic products, quotas, licensing management.
    11th State to restrict the import of used mechanical and electrical products called the used mechanical and electrical products.
    Ministry of Commerce in collaboration with the General Administration of customs, State administration of quality inspection be formulated, adjusted and published the catalog of used mechanical and electrical products import.
    Import of used mechanical and electrical products subject to import licensing. 12th the limitation of imports of mechanical and electrical products catalog and the catalog of used mechanical and electrical products imported should be implemented at the latest 21 days before the announcement.
    In urgent cases, should be implemented no later than the date of publication.
    13th quota management to restrict the import of machinery and electronic products, according to the State Council promulgated the provisions on import quota management measures management. Article 14th import license of mechanical and electronic products, local and departmental applications for electromechanical products offices to verify importer materials, submitted to the Ministry of Commerce. Department of Commerce review application materials, and decides whether or not to issue a 20th of the People's Republic of China import license (hereinafter referred to as the import license).
    Imported with the import permit according to regulations of customs clearance procedures.
    Import of used mechanical and electrical products, and imported with the import license and State inspection and quarantine issued the entry of goods customs form (in the remarks column marked "used mechanical and electrical products imported for the record") according to the provisions of customs clearance procedures.
    15th Ministry of Commerce in collaboration with the General Administration of customs to develop and promulgate the implementation measures for mechanical and electrical products import license administration, Department of Commerce, in conjunction with the General Administration of customs, General Administration of quality supervision to develop and promulgate the administrative measures for the import of used mechanical and electrical products.
    Fourth chapter of automatic import license 16th in order to monitor the import of electromechanical products, parts of the country free of mechanical and electrical products to be imported subject to automatic import licensing.
    17th Ministry of Commerce in collaboration with the General Administration of customs formulated, adjusted and published the automatic import license of mechanical and electronic products catalogue.
    The automatic import license of mechanical and electronic products catalogue should be implemented at the latest 21 days before the announcement.
    The 18th article import automatic import license of mechanical and electronic products, importers shall, before carrying out customs clearance procedures, to the Ministry of Commerce or local and departmental electromechanical products offices to apply for the People's Republic of China automatic import license (hereinafter referred to as the automatic import license), and with the automatic import license according to the provisions of customs clearance procedures.
    Imports included in the automatic import license of mechanical and electronic product catalog of used mechanical and electrical products (excluding major used mechanical and electrical products), import automatic import license and State inspection and quarantine issued the entry of goods customs form (in the remarks column marked "used mechanical and electrical products imported for the record") according to the provisions of customs clearance procedures.
    19th Ministry of Commerce in collaboration with the General Administration of customs formulated and promulgated implementing methods of the automatic import license of mechanical and electrical products.
    The fifth chapter import monitoring and supervision article 20th Ministry of Commerce is responsible for mechanical and electrical products imported to the nation were collected, analyzed and monitored.
    Local and departmental electromechanical products offices shall be in accordance with the provisions of the national statistical system, timely submission to the Ministry of Commerce in the region, Department of mechanical and electrical products import statistics and information.
    21st through monitoring, such as mechanical and electrical products import exception occurred, the Ministry of Commerce shall promptly notify the relevant departments and investigated according to law. 22nd Ministry of Commerce and the local and departmental electromechanical limiting imports of mechanical and electrical products to be imported can be examined in accordance with law.
    Imports shall cooperate with and assist in the inspection, inspection departments shall keep commercial secrets for importers.
    23rd article imports units shall not engaged in following behavior: (a) imports belongs to ban imports management of electromechanical products, or without approved, and license imports belongs to limit imports management of electromechanical products; (ii) beyond approved, and license of range imports belongs to limit imports management of electromechanical products; (three) forged, and variable made or sale electromechanical products imports documents (including imports license, and imports automatically license, with); (four) to cheat or other not due means gets electromechanical products imports documents;
    (E) transfer of certificates for import of machinery and electronic products (vi) not complying with the statutory procedure for import and (VII) other violations of provisions of laws and administrative rules and regulations about the import of mechanical and electrical products.
    Sixth chapter legal liability article 23rd 24th article Import Unit acts and constitutes a crime, criminal responsibility shall be investigated according to law, does not constitute a crime, the police, customs and other administrative authority of an administrative penalty in accordance with the relevant parties to handle it.
    25th article import units made by the national administrations concerned administrative decisions or refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    26th article import management neglects his duty, favoritism, abuse of power, according to the circumstances, by the appropriate administrative authority shall be punished according to relevant regulation constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 27th of the following circumstances, the following provisions: (a) the fixing of prices of imported equipment for processing trade, these measures shall apply. (B) under processing trade imports provided by foreign investors is not priced equipment, in addition to outside the old entry inspection and quarantine formalities necessary processing equipment, exempted from mechanical and electrical products import documents. Customs supervising and managing non-priced equipment, supervision for a period of 5 years.
    After the expiry of regulation, continue to use devices to stay in the same enterprise, enterprise applications for Customs to deregulation, companies exempted from entry inspection and quarantine certificates for import of machinery and electronic products and procedures; supervision period, use of original equipment units applied for early termination, or expiry of the regulation equipment no longer used by the original enterprise, these measures shall apply.
    Under processing trade imports of mechanical and electrical products for export and domestic products or self-use, these measures shall apply. (C) the foreign-funded enterprises imported machinery and electronic products for domestic sale or processing, domestic sales and foreign investments with its own capital import new machinery and electronic products, as well as the import of used mechanical and electrical products, these measures shall apply.

    Foreign-funded enterprises imported new machinery and electronic products in the investment, through the use, length of the customs regulations, enterprises ahead of deregulation and self-use or sale, these measures shall apply, and reference import status of the relevant formalities, Customs shall make corresponding mechanical and electrical products import certificates and the inspection certificate for the termination procedures.
    (Four) from outside into customs special regulatory regional or customs bonded regulatory places and the Customs special regulatory regional or customs bonded regulatory places Zhijian access of electromechanical products, from handle imports documents, but belongs to old electromechanical products of, must handle test quarantine procedures, by Customs regulatory; from customs special regulatory regional and customs bonded regulatory places into (territory) District outside of electromechanical products, applies this approach.
    From outside the territory under special customs supervision zones into areas under special customs supervision, for businesses in the region for infrastructure projects in the region and the necessary machinery and equipment change outside the district, such as belong to the used mechanical and electrical products, these procedures do not apply.
    (E) lease trade, compensation trade, such as mechanical and electrical products to be imported, these measures shall apply.
    (Vi) aid, donation or presentation in economic intercourse, such as mechanical and electrical products to be imported, these measures shall apply.
    28th article has following case one of of, not applies this approach: (a) foreign investment enterprise in investment total within as investment and use imports new electromechanical products of; (ii) processing trade items Xia for complex export and imports electromechanical products of; (three) by Customs regulatory, temporarily imports Hou comeback mouth or temporarily export Hou complex imports of; (four) imports electromechanical products samples, and advertising items, and experiment products of, each batch value not over 5000 Yuan Yuan of; (five) other legal, and administrative regulations another has provides of.
    29th according to the laws, regulations or with the international financial organizations, foreign government loans to state the provisions of the agreement reached, through international tender after successful import of machinery and electronic products in accordance with these rules. 30th State in any way included in the ban on the import of used mechanical and electrical products to be imported in the catalogue of used mechanical and electrical products.
    Ban the import of mechanical and electrical products are not allowed in under special customs supervision areas and customs bonded areas.
    Inclusion in the list of banned imports of mechanical and electrical products, a Chinese manufacturer and exporter of mechanical and electrical products, such as after-sales maintenance need access to the export processing zone, Commerce audit requirements, specific measures separately. Institutions abroad or overseas enterprises in China (China Holdings, hereinafter the same) of electromechanical products purchased abroad back to their own, these measures shall apply.
    Regarding the inclusion of the prohibition of the import of mechanical and electrical products catalog of used mechanical and electrical products, institutions functioning abroad or overseas enterprises purchased abroad for new products, can be transferred back to their own use. 31st article this approach by the Ministry of Commerce, General Administration of customs, the General Administration of quality supervision is responsible for the interpretation.
    Relevant provisions inconsistent with this approach in the past, is subject to this approach. 32nd article this way come into force on May 1, 2008. Original electromechanical products imports management approach (Ministry, and customs, and quality General 2001 10th, makes), and electromechanical products automatically imports license management implementation rules (Ministry 2001 25th, makes), and on strengthening old electromechanical products imports of notification (country trade machine [1997]877,), and on strengthening old electromechanical products imports management of added notification (country trade machine [1998]555,), and On further clear processing trade items Xia foreign provides of not pricing imports equipment lifted Customs regulatory about problem of notification (Department method sent 2001 No. 420,), and on further clear processing trade items Xia foreign provides of not pricing imports equipment lifted Customs regulatory about problem of notification (Department method sent 2002 No. 348,), and on "not pricing equipment" lifted regulatory problem of emergency notification (Department method sent [2002]1,), and
    Customs Office on clear processing trade items Xia imports old electromechanical products management about problem of notification (Department approach [2002]211,), and on reiterated imports old electromechanical products about management of notification (country quality joint 2001 42nd,), and on imports electromechanical products record and handle imports license work of convergence problem of notification (quality do check joint [2003]279,) while abolition. Annex: electromechanical products range Annex: electromechanical products range =-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┬-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the commodity category │ customs commodity number-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┼-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the a, and metal products │ 7307-7326, and 7412-7419, and 750
                                    72, 7508, 7609-7616, 7806, 7907, 8007, │ │ │ 81039,, 810292-810299, 810192-810199, and 81049, 81059 , 81089, 81099, │ │ 8106009, 81079, 8111009, 8110009, 811299, │ 82-83 │ 84 chapter three of chapter II, machinery and equipment, electrical and electronic │ Products │ 85 Chapter four, transport tool 86-89 (other than 8710) five, instrumentation other │ │ 90, chapter VI (including grinding tools with abrasives, glass, clocks and Reggio, 6804301, 680421, and 6805, spare parts, electronic musical instruments, sports guns, aircraft and vehicle │ 7
  Chapter 011, 91, 9207, 93031-93033, metal, for furniture, Office Chair, medical home │ 9304, 93052, 93059, 93061-93063, tableware, lamps and lighting fittings, children playing │ pulley, 9402, 94011-94013, and 94032, tableware, toys and models, with power fitness │ 9405, 9501, 95031, 95038, 95041
                                                                                                      Weapons and entertainment equipment, lighters and other) │, 9508, 95043, 95049, 9613----------------------┴------------------------=tbl/>

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