AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> INTERIM MEASURES FOR IMPORT ADMINISTRATION OF MACHINERY AND ELECTRONICS PRODUCTS

[Database Search] [Name Search] [Noteup] [Help]


INTERIM MEASURES FOR IMPORT ADMINISTRATION OF MACHINERY AND ELECTRONICS PRODUCTS

Category  FOREIGN TRADE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-10-07 Effective Date  1994-01-01  

Interim Measures for Import Administration of Machinery and Electronics Products



Chapter I  General Provisions
Chapter II  Quota Administration
Chapter III  Non-Quota Administration
Chapter IV  Supervision and Safeguard
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions
Appendix: List of Products Subject to Quotas

(Approved by the State Council on September 22, 1993 and promulgated in

Order No.1 by the State Economic and Trade Commission and Ministry of Foreign
Trade and Economic Cooperation on October 7, 1993)
Chapter I  General Provisions

    Article 1  These Measures are formulated with a view to meeting the needs
of development of the socialist market economy, implementing the industrial
policy of the State, introducing actively the advanced technical equipment
from abroad and adjusting rationally the import structure.

    Article 2  For the purpose of these Interim Measures, the machinery and
electronics products refer to machinery equipment, electronics products and
their parts and components.

    Article 3  All enterprises, institutions, organs and organizations
(hereinafter referred to as unit), when importing machinery and electronics
products, shall abide by these Measures.

    Article 4  The State encourages the import of advanced technical
equipment, high-tech products and discourages the import of general processing
equipment and high-grade consumer goods, and the State prohibits the import of
the machinery and electronics products which will jeopardize the state
security and physical and mental health of the citizens.

    Article 5  Importation of machinery and electronics products must accord
with the technical standards for safety and environment protection
acknowledged internationally or bilaterally (between China and the country of
origin), and certificate of product safety and environment protection shall be
provided by the internationally or bilaterally-designated institutions.

    Article 6  The State shall provide macro guidance on the general scale of
annual imports of machinery and electronics products, on the basis of the need
of the development of national economy, and capability of payment in foreign
exchange, in accordance with the principle of basic balance on import and
export.

    Article 7  The State Office for Import and Export of Machinery and
Electronics Products (hereinafter referred to as SOIEMEP), under the State
Economic and Trade Commission, is established to take the responsibility for
coordination, administration, inspection and supervision of national import of
machinery and electronics products.

    Under the guidance of SOIEMEP, the People's Governments of provinces,
autonomous regions, municipalities directly under the Central Government,
cities on the separate planning list, coastal open cities, special economic
zones and administrative authorities designated by the relevant departments of
the State Council, take the responsibility for the import administration of
machinery and electronics products in their own areas and departments.

    Article 8  The State implements its import administration of machinery and
electronics products through the system of quotas and non-quotas.
Chapter II  Quota Administration

    Article 9  In accordance with the state industrial policy and the
sectional development programme and taking into account the international
practice, the state shall exercise administration through quotas for the
machinery and electronics products contained in the list of quota-
administrated machinery and electronics products, which, in proper amount of
importation, will help adjust the supply situation in the market and which,
in excessive importation will cause substantial damage to relevant domestic
industry, or which have direct adverse impact on the structure of imports and
the adjustment of structure of industries and which will endanger the
situation of balance of payments of the state foreign exchange.

    Article 10  There are 18 kinds of machinery and electronics products
subject to import quotas (See the Appendix). In order to meet the requirement
of state industrial development and import policy, the State Economic and
Trade Commission, with other departments concerned, shall submit to the State
Council suggestions on the adjustment of the items of imported
quota-administrated machinery and electronics products. The suggestions shall
be made public for implementation with approval of the State Council.

    Article 11  The annual quotas for the machinery and electronics goods
subject to import quotas shall be finalized with approval of the State Council
and SOIEMEP is responsible for allocation of the quotas. The detailed rules
shall be formulated by SOIEMEP separately.

    Article 12  The entity importing the machinery and electronics product
subject to import quotas is required to fill in the application form for
importing machinery and electronics products and produce relevant documents
and explanation to the administrative authorities for imports of machinery and
electronics products of its own locality or its own departments. The
authorities shall forward them to SOIEMEP for ratification and the issuance of
quota certificate.

    Article 13  The import entity can apply for the import licence from
MOFTEC, with the quota certificate issued by SOIEMEP. The customs shall
examine and release the products on the presentation of the import licence.

    Article 14  When importing parts and components of the machinery and
electronics products subject to quotas, if the total value of each set reaches
60% or above of the value of the complete set of the same model, they shall be
regarded as complete sets and treated in accordance with the regulations of
the import quota administration of machinery and electronics products.
Chapter III  Non-Quota Administration

    Article 15  Other machinery and electronics products which are not subject
to import quotas, are under the non-quota administration. For the products
which have been developed domestically or those which are still at the initial
stage of production with the introduced technology and acceleration of
development is needed, they are listed in the specific product schedule for
open tender. SOIEMEP shall issue certificate of import in accordance with the
outcome of the bidding, and the customs shall release the products on the
presentation of the certificate. Other machinery and electronics products
subject to non-quota administration shall fall into the category of automatic
registration.

    Article 16  The schedule of the specific products and the detailed rules
for administration of the products contained in the schedule shall be
established by the State Economic and Trade Commission, together with MOFTEC
and other departments concerned and submitted to the State Council and shall
be published for implementation after approval by the State Council.

    Article 17  The administrative authorities of the regions and departments
for the import of machinery and electronics products are authorized to
exercise administration on registration of machinery and electronics products
subject to non-quota administration. The import entity shall obtain the
application form in the import administration of machinery and electronics
products of its region or its own departments and fill in the forms with the
items, quantity, amount of value and country, etc. The above-mentioned
administrations can reject the registration under one of the following
circumstances: 1. the import of the products is prohibited by the State;
2. the import of the products does not accord with the bilateral or
multilateral trade agreements; 3. the import of the products jeopardizes the
national security and physical and mental health of the citizens. If within
10 days, the above-mentioned administrative authorities for import of
machinery and electronics products do not reject, it shall be regarded as
registered automatically.

    Article 18  With regard to the machinery and electronics products under
non-quota administration subject to automatic registration, the customs shall
release the products on the presentation of document of registration.
Chapter IV  Supervision and Safeguard

    Article 19  Import certificate (including quota certificate, Ibid.) is
valid for one year. For Import products which are not delivered for justified
reasons in the period of validity, the importer may apply to the original
certificate-issuing department for extension of validity period.

    Article 20  For machinery and electronics products required of import
certificate according to the provisions of these Measures, contracts shall
only be signed after the obtaining of the import certificate.

    Article 21  Import Administrations in various regions, and departments
shall report import statistics data of its region or department in compliance
with the State Statistical system and report timely to the competent
department of the state on the situation of the import regulation of its
region and department.

    Article 22  When there is a sharp increase of the import of a particular
kind of machinery and electronics products which results in substantial damage
or threat of substantial damage to domestic industry of like kind or the
interests of domestic producers of like products, SOIEMEP and other
departments concerned shall adopt necessary measures to eliminate or alleviate
the damage or threat according to relevant laws and regulations and judicial
procedures.
Chapter V  Legal Responsibility

    Article 23  Import unit falling into one of the following situations shall
be regarded as violating these Measures:

    1. signing contracts with overseas parties and arrival of goods (AOG)
without obtaining import certificate according to the provisions of these
Measures;

    2. unauthorized alteration and forgery of the import certification;

    3. deliberate evasion of supervision by dividing the imported machinery
and electronics products into parts and parcel, subsigning the contracts or
arranging subshipment and dispersed import;

    4. unauthorized transfer and selling of import certificate;

    5. violation of the Interim Regulations of the People's Republic of China
on the Licencing System for Import Commodities;

    6. failure to make declaration and obtain registration in accordance with
the regulation.

    Article 24  Violation of the provisions of these Measures shall be dealt
with by the Customs Administration according to the Customs Law of the
People's Republic of China and the Detailed Provisions for Implementation of
the Customs Administrative Penalty.

    Cases of serious violation of the law shall be referred to judicial
authorities for criminal responsibility.

    Article 25  Persons in charge of import regulation, if found guilty of
neglecting duty, malpractice for personal gains and abusing power, shall be
given administrative punishment by the supervision department according to the
seriousness of the wrong doing. Persons in violation of the law shall be sued
for criminal responsibility.
Chapter VI  Supplementary Provisions

    Article 26  Machinery and electronics products used as form of investment
by foreign invested enterprises and imported for their own use shall be
handled by the current state laws and regulations on foreign investment.

    Parts and components of machinery and electronics products that are to be
imported by the foreign invested enterprises for the production of products
sold domestically shall be handled according to these Measures.

    Article 27  For materials imported from abroad and imported materials for
processing directly used for production of machinery and electronics products
and parts and components for the purpose of reexport or export, the customs
administration shall supervise over them.

    Machinery and electronics equipment for production under projects using
materials imported from abroad and imported materials for processing shall be
handled according to these Measures.

    Article 28  Machinery and electronics products to be imported for lease
and compensation trade shall be processed in accordance with the provisions of
these Measures.

    Article 29  Machinery and electronics products to be imported as donations
by overseas Chinese, compatriots from Hongkong, Macao and Taiwan shall be
handled according to the Provisions Concerning the Administration of Imported
Goods and Materials Donated by Overseas Chinese, Compatriots from Hongkong,
Macao and Taiwan and other relevant regulations.

    Article 30  Import of in-quota machinery and electronics products using
grants by foreign governments and international organizations shall be dealt
with in accordance with Article 12 of these Measures.

    Article 31  Machinery and electronics products presented as gifts in
economic and trade relations, sent back by the Chinese institutions abroad and
from construction sites abroad shall be regarded as usual import, therefore
subject to the provisions of these Measures.

    Article 32  The State Economic and Trade Commission (the SOIEMEP) shall
be responsible for the interpretation and implementation of these Measures.

    Article 33  Existing regulations not in consistence with the provisions of
these Measures are hereby superseded. These Measures shall enter into force
on January 1, 1994.

Appendix: List of Products Subject to Quotas


1. Automobiles
Include chassis, motors, drives and bodies (or driver's cabs).
2. Motorcycles and their motors and frames
3. Color televisions and picture tubes
4. Computers and their accessories
Include programmable computers, central processing units, soft
and hard disk drives (or drive mechanisms), printers, monitors or
terminals and tape machines.
5. Audio recorders and their components
Include radio recorders, recording and playback machines, component
stereo systems and car radio players.
6. Refrigerators and their compressors
7. Washing machines
8. Video equipment
Include video recording and playback devices, hand-held video
cameras and their components, magnetic heads and magnetic drums.
9. Photographic cameras and camera bodies
10. Wristwatches
Include quartz watches and mechanical watches.
11. Air conditioners and their compressors
Includes indoor air conditioners (such as window-mounted, free-
standing, wall-mounted, and suspended), automotive air
conditioners and aviation air conditioners.
12. Photocopiers
13. Audio or video tape dubbing equipment
14. Automotive hoisting machinery and their chassis
15. Imaging devices
Includes X-ray imaging devices (CT) and magnetic resonance
imaging devices (MRI).
16. Electron microscopes
17. Open-end spinning frames
18. Electron color scanners





AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/imfiaomaep789