(2017 Amendment)
(Published by the General Administration of Quality Supervision, Inspection and Quarantine Decree No. 171 of November 23, 2015, and amended in accordance with the "Decision of the General Administration of Quality Supervision, Inspection and Quarantine on the Revision" of February 27, 2017)
Chapter I General Provisions
Article I In order to regulate the inspection and supervision of imported old mechanical and electrical products, according to the "Chinese People's *** and the State Import and Export Commodity Inspection Law" and its implementing regulations, as well as the Chinese People's *** and the State of the conclusion or participation of bilateral or multilateral treaties, agreements and other documents of a treaty nature of the relevant provisions, the formulation of these measures.
Article 2 These Measures shall apply to the state allows the import of old mechanical and electrical products in the Chinese people *** and the territory of the sale, use of supervision and management of inspection.
The old mechanical and electrical products referred to in these measures refers to one of the following circumstances of mechanical and electrical products:
(a) has been used (excluding the use of pre-testing, debugging equipment), still has the basic functions and certain value of use;
(b) not used, but more than the quality assurance period (non-warranty period);
(c) not used, but stored for too long. (C) unused, but stored for too long, the parts produce obvious physical loss;
(D) old and new parts mixed;
(E) refurbished.
Article III of the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) in charge of the national inspection and supervision of imported old mechanical and electrical products.
AQSIQ in the entry-exit inspection and quarantine departments around (hereinafter referred to as inspection and quarantine departments) is responsible for the supervision and management of imported old mechanical and electrical products under the jurisdiction of the region.
Article IV imported old mechanical and electrical products should be consistent with laws and regulations on safety, health, health, environmental protection, prevention of fraud, energy conservation and other aspects of the provisions of the national technical specifications, as well as mandatory requirements.
Fifth, the import of old mechanical and electrical products should be implemented port inspection, destination inspection and supervision and management. Higher value, involving personal and property safety, health, environmental protection projects, high-risk imports of old mechanical and electrical products, also need to implement pre-shipment inspection.
To implement pre-shipment inspection of imported old mechanical and electrical products by the State Administration of Quality Supervision to develop and publish on the AQSIQ website.
Imported old mechanical and electrical products pre-shipment inspection results and port inspection, destination inspection results are inconsistent with the port inspection, destination inspection results shall prevail.
Article VI The importer of old mechanical and electrical products should be honest and trustworthy, responsible to society and the public, the quality of its imports of old mechanical and electrical products bear the main responsibility.
Chapter II Pre-shipment Inspection
Article VII needs to be implemented pre-shipment inspection of imported old mechanical and electrical products, its consignee, consignor or his agent shall apply in accordance with the provisions of the State Administration of Quality Supervision, quarantine authorities or commissioned inspection agency to implement pre-shipment inspection.
The AQSIQ does not specify the inspection agency engaged in pre-shipment inspection of imported old mechanical and electrical products.
Pre-shipment inspection should be completed before the shipment of goods.
Article VIII of the consignee, consignor or his agent to apply for inspection and quarantine departments to implement pre-shipment inspection, inspection and quarantine departments can be based on the need to organize and implement or send inspectors to participate in the import of old mechanical and electrical products pre-shipment inspection.
Article IX pre-shipment inspection of imported old mechanical and electrical products should be in accordance with national technical specifications for the implementation of mandatory requirements.
Pre-shipment inspection includes:
(a) safety, hygiene, health, environmental protection, fraud prevention, energy consumption and other items to make a preliminary assessment;
(b) verification of the product name, quantity, specifications (models), old and new, defective or not, and contracts, invoices, and other trade documents listed in accordance with the case;
(c) whether or not, including, entrained Prohibited imports of goods.
Article X inspection agency commissioned to implement pre-shipment inspection, should be honest and trustworthy, in accordance with Article IX of these measures and the provisions of the State Administration of Quality Supervision, Inspection and Quarantine pre-shipment inspection.
Article XI inspection and quarantine department or inspection agency shall complete the pre-shipment inspection work, the issuance of pre-shipment inspection certificate, accompanied by a pre-shipment inspection report.
The inspection certificate and the accompanying inspection report shall meet the following requirements:
(a) the inspection basis is accurate, the test situation is clear, the test results are true;
(b) a unified, traceable number;
(c) the inspection report should contain the basis of the test, the test object, the scene of the test situation, the pre-shipment inspection agency and the authorized signatory signatures and other requirements;
(d) The inspection certificate shall not contain an inspection report in the inspection conclusions and treatment of imported old mechanical and electrical products do not comply with the provisions of Article IV of these measures;
(e) Inspection certificates and accompanying text of the inspection report should be in Chinese, if issued in the Chinese and foreign languages, the Chinese shall prevail;
(f) The inspection certificate should have a clear validity period, the validity period by the issuing agency in accordance with the requirements of the provisions of Article IV of these measures. Valid period of time by the issuing organization according to the import of old mechanical and electrical products to determine the situation, generally half a year or a year.
Construction machinery inspection report in addition to meet the above elements, but also should be listed unit by unit name, HS code, specifications, origin, engine number / frame number, date of manufacture (year), running time (hours), test reports, maintenance records, instructions for verification and so on.
Chapter III Inspection of Imported Old Mechanical and Electrical Products
Article XII of the imported old mechanical and electrical products arrived at the port, the consignee or his agent shall hold the following information to the inspection and quarantine departments for inspection procedures:
(a) contracts, invoices, packing lists, bills of lading;
(b) the need for implementation of the pre-shipment inspection, but also shall submit the inspection and quarantine department or the inspection agency. Inspection agency issued a pre-shipment inspection certificate and accompanying inspection report.
Article XIII of the port inspection and quarantine department accepts the inspection, it shall issue a certificate of customs clearance, and indicate "imported old mechanical and electrical products.
Article XIV of the port inspection and quarantine departments on the import of old mechanical and electrical products to implement port inspection.
The implementation of port inspection, inspection information should be verified batch by batch. If necessary, the import of old mechanical and electrical products and inspection information is consistent with on-site verification.
Port inspection of other work according to the port inspection of the relevant provisions of the implementation.
Article XV of the destination inspection and quarantine departments of imported old mechanical and electrical products to implement the destination inspection.
Article XVI of the inspection and quarantine departments on the import of old mechanical and electrical products destination inspection include: consistency verification, safety, health, environmental protection and other project inspections.
(A) consistency verification:
1. Verification of the product whether there are defects in appearance and packaging or defective;
2. Verification of the product name, specifications, models, quantities, origins and other goods of the actual state of the data and pre-shipment inspection results match;
3. The actual use of imported old mechanical and electrical products to implement the random inspection, focusing on Verify whether the actual use of special trade mode imported old mechanical and electrical products with the declaration of the situation.
(B) safety inspection:
1. check the product surface defects, safety signs and warning signs;
2. check the product in a static state of electrical and mechanical safety;
3. inspection of the product in the operating state of electrical and mechanical safety, as well as the reliability and stability of the operation of the equipment.
(C) health, environmental protection project inspection:
1. Check the health status of the product, food safety projects involving food processing machinery and household appliances in line with the relevant mandatory standards;
2. Detecting the product in the operating state of noise, dust content, radiation and emissions in line with the standard;
3. Check whether the product is Comply with China's energy efficiency qualification standards.
(d) pre-shipment inspection found to be inconsistent with the project to take technical and corrective measures to verify the effectiveness of the pre-shipment inspection does not cover the implementation of the project inspection; if necessary, the implementation of the pre-shipment inspection project to carry out random checks.
(E) other items of inspection in accordance with the relevant provisions of the inspection of similar electromechanical products.
Article XVII of the destination inspection, involving personal and property safety, health, environmental protection projects failed, by the inspection and quarantine departments shall order the consignee to destroy, or issue a notice of return and inform the Customs in writing; other projects failed, in the inspection and quarantine departments under the supervision of the technical processing, re-inspection of qualified before sale or use.
The destination inspection failed imported old mechanical and electrical products, is a complete set of equipment and its materials, the issuance of not allowed to install and use the notice. After technical processing, and by the inspection and quarantine departments to re-inspect the qualified, before installation and use.
Chapter IV Supervision
Article XVIII of the State Administration of Quality Supervision and Inspection and quarantine departments on the import of old mechanical and electrical products consignee and its agents, importers and their agents, pre-shipment inspection agencies and related activities to implement supervision and management.
Article 19 The inspection agency shall be issued by the pre-shipment inspection certificate and the accompanying inspection report is responsible for the authenticity and accuracy.
AQSIQ or inspection and quarantine departments in the inspection and supervision of imported old mechanical and electrical products, inspection agencies found to issue inspection certificates and accompanying inspection reports in violation of the provisions of Article 11 of these Measures, the circumstances are serious or cause serious consequences, you can issue warning notices and decide not to recognize its issued within a certain period of time and the accompanying inspection certificate inspection reports, but not more than the longest! 3 years.
Article 20 of the import of old mechanical and electrical products, importers should establish product import, sales and use of record-keeping system, truthful records of imported old mechanical and electrical products such as name, specifications, quantity, exporter and purchaser name and contact information, delivery date. Records should be true, the retention period shall not be less than 2 years.
Inspection and quarantine departments can be the importer's import, sales and use of records within the jurisdiction of the inspection.
Article 21 of the State Administration of Quality Supervision and Inspection and Quarantine Department of imported old mechanical and electrical products inspection and supervision process found in accordance with the risk of early warning and rapid response to the relevant provisions of the disposal.
Article 22 The State Administration of Quality Supervision and Inspection and Quarantine Department staff in the performance of imported old mechanical and electrical products inspection and supervision duties, on the business secrets known to the duty of confidentiality.
The State Administration of Quality Supervision and Inspection and quarantine departments to perform the duties of inspection and supervision of imported old mechanical and electrical products, shall comply with the law, safeguard the interests of the State, in accordance with legal powers and legal procedures, strict law enforcement, acceptance of supervision.
Chapter V Legal Liability
Article 23 The unauthorized sale, use of imported old mechanical and electrical products without inspection or uninspected, by the inspection and quarantine departments in accordance with the "People's Republic of China *** and the State of Import and Export Commodity Inspection Law Enforcement Regulations" confiscate the illegal income and impose the value of imported old mechanical and electrical products amounted to more than 5% of the amount of 20% of the following fines; constitutes a crime, shall be investigated for criminal responsibility.
Article 24 of the sale, use by the statutory inspection, random inspection or verification of imported old mechanical and electrical products failed, by the inspection and quarantine departments in accordance with the "Chinese People's Republic of China *** and the State Import and Export Commodity Inspection Law Enforcement Regulations" ordered to stop the sale, use, confiscate the illegal income and illegal sale, use of imported old mechanical and electrical products, and impose illegal sale, use of imported old mechanical and electrical products value of money Equivalent value of more than three times the following fine; constitutes a crime, be held criminally responsible.
Article 25 of the inspection and quarantine departments without changing the samples taken or inspection and quarantine departments to test the import of old mechanical and electrical products, by the inspection and quarantine departments in accordance with the "People's Republic of China * * * and the State Import and Export Commodity Inspection Law Enforcement Ordinance" ordered to correct, given a warning; the circumstances are serious and impose a fine of more than 10% of the amount of old mechanical and electrical products more than 50% of the amount of the goods.
Article 26 The consignee of imported old mechanical and electrical products, agent inspection companies or inspection personnel do not truthfully provide the real situation of imported old mechanical and electrical products, inspection and quarantine departments to obtain the relevant documents, or the statutory inspection of imported old mechanical and electrical products do not report inspection to avoid the inspection of imported old mechanical and electrical products by the inspection and quarantine departments in accordance with the "Chinese People's Republic of China * * * and the State Import and Export Commodity Inspection Law Enforcement Regulations" confiscate the illegal income and impose a fine of 50% of the value of the old machinery and electronic products. Regulations" confiscate the illegal income and impose imported old mechanical and electrical products more than 5% of the value of the amount of 20% of the following fine.
Article 27 The importing country allows the import of old mechanical and electrical products not in accordance with the provisions of the pre-shipment inspection, in accordance with relevant state regulations to be returned; the circumstances are serious, by the inspection and quarantine departments in accordance with the "Chinese People's Republic of China * * * and the State Import and Export Commodity Inspection Law Enforcement Ordinance" and impose a fine of less than 1 million yuan.
Article 28 of the forged, altered, trading, theft or the use of forged, altered inspection and quarantine departments issued pre-shipment inspection certificate and inspection report, constituting a crime, shall be held criminally responsible; not yet enough to criminal penalties by the inspection and quarantine departments in accordance with the "Chinese People's Republic of China * * * and the State Import and Export Commodity Inspection Law Enforcement Regulations" and order correction, confiscation of the illegal income and impose a fine of $ 1 million or less, equal to the amount of the goods. The amount of money equivalent to the following fine.
Article 29 The inspection and quarantine department staff in the performance of imported old mechanical and electrical products inspection and supervision duties should be impartial and law-abiding, loyal to their duties, shall not abuse their powers, dereliction of duty, favoritism and malpractice; violation of law and dereliction of duty, shall be held accountable.
Chapter VI Supplementary Provisions
Article 30 of the old mechanical and electrical products imported by the special supervisory zone, in accordance with the implementation of these measures.
Article 31 The import of old mechanical and electrical products involved in animal and plant quarantine and health quarantine work, in accordance with the entry and exit of animal and plant quarantine and sanitary and quarantine laws and regulations at the border.
Article 32 The import of old mechanical and electrical products imported into the country banned, should be returned or destroyed.
Article 33 These Measures shall be interpreted by the State Administration of Quality Supervision, Inspection and Quarantine.
Article 34 These Measures shall January 1, 2016 shall come into force. General Administration of Quality Supervision, Inspection and Quarantine in December 31, 2002 issued the "supervision and management of inspection of imported old mechanical and electrical products" and August 18, 2003 issued the "imported old mechanical and electrical products inspection and supervision procedures" shall be repealed simultaneously. [1]
Content Interpretation Editorial Podcast
In order to strengthen the inspection and supervision of imported old mechanical and electrical products, December 31, 2002 General Administration of Quality Supervision, Inspection and Quarantine announced the "supervision and management of imported old mechanical and electrical products inspection" (General Order No. 37). Now on the relevant issues are announced as follows:
One, in order to ensure that the import of old mechanical and electrical products inspection and supervision and management of the smooth running of the work, "the import of old mechanical and electrical products inspection and supervision measures" postponed to August 1, 2003 shall come into force.
Second, the import of old mechanical and electrical products, the consignee or his agent should be since the date of entry into force of the contract or agreement, the import of old mechanical and electrical products to the arrival of 90 days ago, to the State Administration of Quality Supervision, Inspection and Quarantine or the location of the inspection and quarantine bureau directly under the application for the record. The applicant shall fill out the "imported old mechanical and electrical products for the record application" (format can be downloaded from the AQSIQ web page), stating the name of the product for the record, model number, quantity, amount, place of origin, date of manufacture, use, etc. and submit the following information:
(a) the applicant, the consignee, the consignor's business license (copy);
(b) the contract or binding agreement;
(c) (ii) the contract or agreement;
(iii) the consignee or his agent should be from the date of entry into force of the contract or agreement. p>
(C) the state allows the import of documents (copy);
(D) pre-shipment inspection application;
(E) the list of old mechanical and electrical products to be imported (including: name, code, quantity, specifications, model, place of origin, date of manufacture, manufacturer, new and old state, price, use)
(F) other relevant information.
Three, AQSIQ or directly under the Inspection and Quarantine Bureau in the acceptance of the application for the record within five working days of the need for pre-shipment inspection, issued "pre-shipment inspection of imported old mechanical and electrical products for the record"; do not need to carry out pre-shipment inspection, the issuance of "imported old mechanical and electrical products without pre-shipment inspection certificate.
Four, the import of old mechanical and electrical products belonging to one of the following circumstances, the consignee or his agent shall apply for the implementation of pre-shipment inspection: (three cases, ***26 categories)
(a) involving personal health and safety, sanitation, environmental protection, large-scale second-hand equipment. 1, food processing machinery and equipment;
2, petrochemical equipment;
3
4, energy, nuclear equipment;
5, electronics, instruments and their processing equipment;
6, building construction equipment;
7, metallurgy, mining equipment;
8, agricultural, printing machinery and equipment;
9, metal and nonmetal processing equipment;
10, forestry, pulp Paper-making equipment;
11, generator sets, including diesel engines, gasoline engines, generators and their accessories;
12, other machinery and equipment.
(2) approved by the state trade authorities, the country's special needs of imported old mechanical and electrical products.
1, automobiles and motorcycles (including engines), bicycles, special transportation vehicles and their loose parts, spare parts;
2, engineering and construction machinery and their loose parts;
3, medical devices, appliances, and their loose parts, spare parts;
4, electric welding machines, such as small AC arc welder, AC arc welder, DC arc welder, TIG arc welder MIG/MAG arc welding machine, submerged arc welding machine, plasma arc welding machine, plasma arc cutting machine, resistance welding machine, arc welding transformer anti-electrocution device, welding cable coupling device, welding machine wire feeding device, TIG welding torch, MIG/MAG welding torch, electric welding pliers and so on;
5, power tools, including handheld power tools in the electric drill (including impact drill), electric screwdrivers and impact wrenches, electric sander (including angle grinder, straight sander, mold electric grinder, wet grinder, electric grinder, polisher and disc sander), sander (including flat sander, circular plate sander, belt sander), circular saws, electric hammers (including pickaxe), electric gun with non-flammable liquids, electric scissors (including double-edged electric scissors, electric punching shears), tapping machine, reciprocating saws (including curved saws, saber saws), insertion of concrete Vibrators, electric chain saws, electric planes, electric pruning shears and electric grass clippers, electric wood milling and trimming machine, electric stone cutting machine (including marble cutting machine), etc.;
6, gas stoves, industrial or laboratory electric furnaces and electric ovens, fire safety precautions, etc.;
7, color printing equipment, and spare parts, accessories;
8, video games, amusement equipment and spare parts, accessories and loose parts, etc.;
8, electronic games, amusement equipment and spare parts
9, fitness equipment and appliances, etc.
10, personal telecommunication terminal products, such as cordless phones, cell phones, pagers and spare parts, etc.
11, office equipment, such as typewriters, word processors, electronic calculators, automatic data processing equipment (including printers), other office machines, fax machines, teletypewriters, slide projectors, shrink-wrap machines, and so on. Typewriters, slide projectors, micro-readers, orthographic projectors, other image projectors, photocopying equipment, plotters, scanners, cash registers, as well as spare parts, accessories and loose parts of the above goods;
12, personal computers and their spare parts, loose parts, accessories (including desktop and portable computers and their monitors, PCs, servers, etc.), power supplies (including in-computer switching power supply, power adapters, chargers, UPS) and other related products;
13, household appliances, such as refrigerators and refrigerator compressors, washing machines and dryers, household motors-compressors, electric fans, air conditioners, vacuum cleaners, electric water heaters, electric ovens, electric rice cookers, microwave ovens, electric food processors, electric liquid heaters, household and similar use of electric irons, skin and hair care appliances Television sets and picture tubes, combination stereos, active speakers, recorders, video recorders, camcorders, projectors, CDs, VCDs, DVD players, and spare parts, accessories and loose parts of the above goods.
14, other civilian old mechanical and electrical products.
(C) eight years ago (including eight years) manufactured mechanical and electrical products.
Imported belonging to the above circumstances other than the old mechanical and electrical products are exempt from pre-shipment inspection.
V, the need for pre-shipment inspection, the applicant should be filed with the "pre-shipment inspection of imported old mechanical and electrical products for the record" and the filing of the product list in a timely manner to the pre-shipment pre-inspection agency to apply for pre-shipment inspection.