Laws of the People's Republic of China

The State Administration for the Quarantine of Import and Export Commodities, the State Import & Export Office for Mechanical and Electrical Products

Provision of the State Administration for the Quarantine of Import and Export Commodities, the State Import & Export Office for Mechanical and Electrical Products on the Importation and Inspection of Used Mechanical and Electrical Products

GuoJianJianLian [1998] No.26

February 8, 1998

Commodity Inspection Bureaus of Various Localities, Mechanical and Electrical products import and export Offices of Various Localities and Departments:

In light of the spirit of the Circular on Enhancing the Management of the Importation of Used Mechanical and Electrical Products jointly issued by the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customts and the State Administration for the Quarantine of Import & Export Commodities, and for the purpose of protecting environment and safeguarding the people's health and ensuring the safety of production, the relevant matters concerning the importation and inspection of used mechanical and electrical products are hereby stipulated as follows:

1.

The State Import & Export Office for Mechanical and Electrical Products shall not approve the importation of and the State Commodity Inspection Bureau shall not put on file used mechanical and electrical products listed in the Catalogue for Imports under the Safety and Quality Licensing System (see attachment 1). The exceptions go to those especially required by the State to be imported.

2.

In signing a contract or a binding agreement, any unit which has been permitted to import used mechanical and electrical products shall, in accordance with legal requirements of the State concerning security, sanitation and environmental protection, etc. set up inspection clauses stipulating the imspection basis and all the technique indicators, etc. For the said products; and for those used mechanical and electrical products and large-scale "second-hand" plant equipment related to the security of the State, environmental protection and people's health, the import unit concerned shall formulate clauses in the foreign trade contract stipulating that preliminary inspection and supervision of shipment shall be conducted before shipment is made in the export country.

3.

Within 30 days after the contract or agreement taking effect, the unit to import used mechanical and electrical products (or the consignee) shall go to register with the commodity inspection organ in the place where the imports are going to be used, taking along with it the contract or agreement as well as duplicates of the relevant import certificates issued by the State Import & Export Office for Mechanical and Electrical Products.

If it is stipulated in the contract that preliminary inspection and shipment-supervision before shipping shall be conducted, the commodity inspection organ shall, if necessary, send out inspectors to participate in or organize the preliminary inspection and the shipment-supervision before shipping.

4.

Before declaring the used mechanical and electrical products to be imported at the customs, the import unit (or the consignee) shall take along with it the relevant original import certificate issued by the State Import & Export Office for Mechanical and Electrical Products and the relevant foreign trade documents to apply to the commodity inspection organ at the port where the imports are arriving for the Filing Form for Importation of the Used Mechanical and Electrical Products.

After receiving the declaration, the port commodity inspection organ shall present the Filing Form for Importation of the Used Mechanical and Electrical Products (the first couplet) sealed with "registration accepted" and pass on in time the Filing Form for Importation of the Used Mechanical and Electrical Products (the second couplet) to the commodity inspection organ in the place where the imports are going to be used.

5.

After the used mechanical and electrical products imported have gone through the customs, the import unit (or the consignee) shall, within the stipulated time, take along with it the necessary documents including the invoice, the packing list and the bill of lading, etc. To apply to the commodity inspection organ in the place where the imports are going to be used for inspection. Without application for the inspection, any such product shall not be sold, installed or used.

6.

The inspection of the used mechanical and electrical products imported shall be conducted in accordance with the Commodity Inspection Law, the Enforcement Regulations of the Commodity Inspection Law and relevant provisions concerning commodity inspection.

7.

These provisions shall be implemented as of the date of promulgation.

Attachment (omitted)