Administrative Measures On Import Of Used Mechanical And Electrical Products Inspection And Supervision

Original Language Title: 进口旧机电产品检验监督管理办法

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  Chapter I General provisions article in order to standardize the supervision and administration of inspection of import of used mechanical and electrical products, according to the People's Republic of China import and export commodity inspection Act and its regulations, as well as People's Republic of China concluded or acceded to bilateral or multilateral treaties, agreements and other relevant provisions of the document of the Treaty, these measures are formulated.

This regulation is applicable countries allow the import of article, People's Republic of China territory sales, inspection, supervision and administration of use of the used mechanical and electrical products.

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 State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) responsible for supervision and administration of inspection of import of used mechanical and electrical products nationwide.

National quality watchdog based in local entry-exit inspection and quarantine Department (hereinafter referred to as the inspection and quarantine departments) responsible for the supervision and administration of inspection of import of used mechanical and electrical products.

Fourth article import of used mechanical and electrical products shall comply with the laws and regulations on safety, hygiene, health, environmental protection, fraud prevention, energy conservation, and other requirements, as well as the compulsory requirements of the technical norms of the State. Article fifth used mechanical and electrical products to be imported should be implemented port inspection, destination inspection and supervision and management.

High value, related to personal and property safety, health, environmental protection projects of high risk used mechanical and electrical products to be imported, the need to carry out preshipment inspection.

Need to implement pre-shipment inspection list of used mechanical and electrical products to be imported by the State administration of quality inspection and quarantine announced on the Agency's website.

Inspection before shipment of used mechanical and electrical products to be imported results inconsistent with the port identification, destination inspection results, the port inspection, destination inspection results shall prevail.

Article sixth of the used mechanical and electrical products importers shall be honest and trustworthy, responsible for the society and the public, on the import of used mechanical and electrical products bear the primary responsibility for quality.

Chapter pre shipment inspection seventh carries out pre-shipment inspection of import of used mechanical and electrical products, its charge, shipper or his agent shall apply in accordance with the provisions of the State administration of quality supervision, inspection and quarantine departments or inspected by the inspection bodies to carry out preshipment inspection.

Preshipment inspection should be completed before the shipment of the goods.

Article eighth charge, shipper or their agents applying for inspection and quarantine departments to carry out preshipment inspection, inspection and quarantine departments if needed, organizations implementing or sent inspectors to pre-shipment inspection of import of used mechanical and electrical products.

Inspection before Nineth import shipment of used mechanical and electrical products should be implemented in accordance with the compulsory requirements of the technical norms of the State.

Preshipment inspection includes: (a) security, hygiene, health, environmental protection, fraud prevention, energy consumption and so on to make a preliminary assessment of the project, (ii) verification of the product name, quantity, specifications (model), old and new, the damage is consistent with the listed trade documents such as contracts, invoices; (c) include, entrainment prohibited imports.

Tenth of entrusted inspection agencies to carry out preshipment inspection, shall be honest and trustworthy, according to Nineth these measures as well as provisions of the State administration of quality supervision to carry out preshipment inspection.

11th inspection and quarantine departments or inspection bodies shall, after completion of pre-shipment inspection, pre-shipment inspection certificates issued, and accompanied by the pre-shipment inspection report.

Test certificate and the with attached of test report should meet following requirements: (a) test according to accurate, and test situation clear, and test results real; (ii) has unified, and can dates back of number; (three) test report should contains test according to, and test object, and site test situation, and shipment Qian test institutions and the authorized signed people signature, requirements; (four) test certificate not should contains test report in the test conclusion and the processing views for not meet this approach fourth article provides of imports old electromechanical products;

(E) the inspection certificate and the attached inspection report should be Chinese, if the issue of foreign control, subject to Chinese (vi) inspection certificate term of validity should be clear, expiry date determined by the issuing institutions according to the used mechanical and electrical products to be imported, typically six months or a year.

Inspection report of construction machinery in addition to these elements, should also be names of each table, HS codes, specifications, place of origin, engine number/frame number, date of manufacture (year), running time (hour), maintenance records, manuals, test report verification, and so on.

Third chapter imports old electromechanical products test 12th article imports old electromechanical products arrived port Hou, consignee or its agent should holding following information to test quarantine sector handle reported check procedures: (a) contract, and invoice, and boxing single, and bills of lading; (ii) needed implementation shipment Qian test of, also should submitted test quarantine sector or test institutions issued of shipment Qian test certificate and the with attached of test report.

Article 13th after accepting the inspection port inspection and quarantine departments, and shall issue the clearance certificate and specifying "used mechanical and electrical products to be imported."

14th port inspection and quarantine departments to implement port inspection of import of used mechanical and electrical products. Implement port inspection, lot-by-lot inspection information should be verifiable.

If necessary, on the import of used mechanical and electrical products and field verification inspection compliance data.

Other port inspection work related port inspection provisions.

15th destination inspection and quarantine departments for implementation of destination inspection of import of used mechanical and electrical products.

16th inspection and quarantine departments to destination inspection of import of used mechanical and electrical products including: consistency verification and inspection of safety, health and environmental protection projects. (A) consistency verification: 1. Verification of appearance and packaging of product defects or damage; 2. Verification of product names, specifications, types, quantity, country of origin, such as the actual condition of the goods and information of inspection and quarantine and preshipment inspection results; 3.

Actual use of the used mechanical and electrical products to be imported to implement checks, focusing on verification of special trade import of used mechanical and electrical products in real-world usage is consistent with the Declaration. (B) the safety test: 1. Check the surface defects of products, safety signs and warning tag; 2. Check electrical and mechanical safety in a static state; 3.

Testing products in the running of electrical and mechanical safety and reliability and stability of the device. (C) the inspection of health and environmental protection projects: 1. Health check products, food security project of food processing machinery and household appliances are in conformity with the relevant mandatory standards; 2. Testing products in the running noise, dust content, radiation and emission standards, 3.

Test products for compliance with qualification in China's energy efficiency standards.

(D) the preshipment inspection found that does not meet the project technology and verify the effectiveness of corrective measures, to carry out the inspection on the preshipment inspection not covered by items necessary to implement pre-shipment inspection project implemented spot checks.

(E) testing of other projects in accordance with the relevant provisions of similar testing of mechanical and electrical products.

Article 17th destination inspection, involving personal or property safety, health and environmental protection projects failed, destroyed by the inspection and quarantine authority shall order the consignees, or issue a returns processing notification and shall inform the Customs failed to pass the other items, can be carried out under the supervision of inspection and quarantine Department technical processing, the newly-qualified before they can sell or use. Destination unqualified used mechanical and electrical products to be imported, are complete sets of equipment and materials, issued no notice of installation and use.

After technical processing and re-inspected by the inspection and quarantine departments, and shall not be installed.

Supervision and administration of the fourth chapter 18th State General Administration of quality supervision and inspection and quarantine departments on used mechanical and electrical products to be imported the consignees and their agents, importers and their agents, and related activities of preshipment inspection agencies exercising supervision and management.

19th inspection bodies shall be issued on the preshipment inspection certificate and accompanying test responsible for the authenticity and accuracy of the report.

National quality General or test quarantine sector in imports old electromechanical products test regulatory work in the, found test institutions issued of test certificate and the with attached of test report exists violation this approach 11th article provides, plot serious or caused serious consequences of, can released warning informed and decided in must period within not recognized its issued of test certificate and the with attached of test report, but most long shall not over 3 years. 20th article import of used mechanical and electrical products importers should establish import, sale and use of records systems faithfully record the import of used mechanical and electrical products, specifications, quantity, exporters, and name and contact information, the date of delivery of purchases, and so on.

Records shall be true to the retention period shall be not less than 2 years.

Importers in the inspection and quarantine departments to the area of import, sale and use of records to be checked.

21st national General Administration of quality supervision and inspection and quarantine departments of import of used mechanical and electrical products quality and safety problems discovered during the inspection and supervision in accordance with the risk early warning and rapid response of relevant regulations for disposal.

22nd the State General Administration of quality supervision and inspection and quarantine Department staff in the performance of import of used mechanical and electrical products inspection and supervision duties, within the knowledge of the trade secret confidential.

State administration of quality supervision inspection and quarantine departments to carry out the import of used mechanical and electrical products testing and supervisory duties, shall comply with the law, to protect national interests and in accordance with legal authority and legal procedure strict law enforcement, and accept their supervision.

The fifth chapter legal liability article 23rd unauthorized sales, use an inspection or untested for the import of used mechanical and electrical products, the inspection and quarantine departments in accordance with the People's Republic of China regulations on import and export commodity inspection law confiscating illegal income, amount and value of used mechanical and electrical products to be imported to 5% up to 20% the fine constitutes a crime, criminal responsibility shall be investigated according to law.

24th article sales, and using by statutory test, and checks test or validation not qualified of imports old electromechanical products, by test quarantine sector according to People's Republic of China import and export commodity test method implementation Ordinance ordered stop sales, and using, confiscated illegal proceeds and illegal sales, and using of imports old electromechanical products, and at illegal sales, and using of imports old electromechanical products goods value amount equivalent above 3 times times following fine; constitute crime of, law held criminal.

Drawn 25th replacement inspection and quarantine departments without authorization from the sample or quarantine inspection of import of used mechanical and electrical products, the inspection and quarantine departments in accordance with the People's Republic of China import and export commodity inspection law implementing regulations shall be ordered to correct and given a warning in serious cases, amount and value of used mechanical and electrical products by more than 10% 50% fine.

26th article imports old electromechanical products of consignee, and agent reported check enterprise or reported check personnel not truthfully provides imports old electromechanical products of real situation, made test quarantine sector of about single card, or on statutory test of imports old electromechanical products not reported check, escape imports old electromechanical products test of, by test quarantine sector according to People's Republic of China import and export commodity test method implementation Ordinance confiscated illegal proceeds, and at imports old electromechanical products goods value amount 5% above 20% following fine.

27th article import countries allow the import of used mechanical and electrical products not in accordance with the provisions of the pre-shipment inspection, be returned in accordance with the relevant provisions of the State in serious cases, the inspection and quarantine departments in accordance with the People's Republic of China import and export commodity inspection Law Ordinance and fined a maximum of 1 million Yuan.

28th forging, altering, buying and selling, theft or use of forged or altered inspection and quarantine issued by pre-shipment inspection certificates and inspection reports, and constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, by the inspection and quarantine departments in accordance with the People's Republic of China import and export commodity inspection law implementing regulations shall be ordered to correct, confiscate the illegal income, and value of the goods the equivalent amount of a fine.

Article 29th inspection and quarantine Department staff in the performance of import of used mechanical and electrical products inspection and supervision responsibility should enforce, loyalty, and must not abuse their powers, neglect their duties, engages against negligence, shall be investigated for criminal responsibility.

Sixth chapter supplementary articles article 30th with a special regulation of import of used mechanical and electrical products, according to the implementation of these measures.

31st article import of used mechanical and electrical products of animal and plant quarantine and sanitation quarantine work, in accordance with the entry and exit animal and plant quarantine and frontier health and quarantine laws and regulations shall apply.

Article 32nd state prohibits the import of used mechanical and electrical products to be imported shall be returned or destroyed.

33rd article this approach by the AQSIQ to interpret. 34th article of the rules implemented on January 1, 2016. Issued by the State administration of quality supervision, inspection and quarantine on December 31, 2002, the import of used mechanical and electrical products inspection, supervision and management measures and released on August 18, 2003, the regulations on the import of used mechanical and electrical products inspection and supervision procedures abolished at the same time.

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