5 Jan 2004

Article 1. This set of Rules is formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection (hereinafter referred to as commodity inspection law) and its implementing regulations to further strengthen and standardize the inspection, supervision and administration of importation of used machinery and electronic products and safeguard the safety and quality of imported used machinery and electronic products.

Article 2. The State General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) is responsible for the overall inspection, supervision and administration of importation of used machinery and electronic products of the country.

Entry and exit inspection and quarantine agencies established by AQSIQ all over the country (hereinafter referred to as inspection and quarantine agencies) are responsible for the inspection, supervision and administration of importation of used machinery and electronic products within their respective regions.

Article 3. Inspection and supervision administration of importation of used machinery and electronic products include: record-filing of importation of used machinery and electronics, pre-shipment inspection, arrival inspection, and supervision and administration.

Inspection, supervision and administration over the importation of used machinery and electronics shall conform to the related laws, administrative regulations, and rules of the State on mechanical safety, electrical safety, environmental protection, food sanitation, and labour protection, and the compulsory requirements of other related technical standards of the State.

Article 4. The following terms used in this set of Rules are defined as follows:

Record-filing of the importation of used machinery and electronics refers to cases where the consignee of imported used machinery and electronics or its agent who are allowed by the State to import used machinery and electronics, before signing the contract, applies to the AQSIQ or entry and exit inspection and quarantine agencies directly under the AQSIQ at the place where the consignee is located (hereinafter referred to as record-filing agency) for record-filing of commodities registration and handles relevant formalities.

Pre-shipment inspection refers to that before the used machinery and electronics to be imported are loaded onto ships for shipment at the port of departure. The inspection and quarantine agency or pre-shipment inspection agency recognized by the AQSIQ conducts preliminary assessment of the safety, sanitation, environmental protection and other items of the used machinery and electronics in line with the compulsory requirements of technical standards of the State.

Arrival inspection refers to the conformity assessment conducted by the inspection and quarantine over the imported used machinery and electronics that have entered China in line with the compulsory requirements of the State technical standards.

Supervision and administration refers to the administration exercised by the inspection and quarantine agency over the whole process of sales and use of used machinery and electronics by the consignee and using unit of the imported used machinery and electronic products.

Article 5. The State exercises record-filing administration over the used machinery and electronic products that are allowed to be imported and does not accept record-filing for imported used machinery and electronic products that do not conform to the provisions of regulations.

Article 6. The inspection and quarantine agency conducts pre-shipment and arrival inspections over imported used machinery and electronic products that involve safety, sanitation, and environmental protection, and takes the result of arrival inspection as final. Arrival inspection is conducted over the imported used machinery and electronics products.

Article 7. The AQSIQ is responsible for the accreditation of pre-shipment inspection agencies in a unified manner and may accredit other inspection agencies with pre-shipment inspection of some imported used machinery and electronic products in the case of necessity and exercises supervision and administration over them.

Pre-shipment inspection agencies shall exercise pre-shipment inspection within the authorized scope according to the appointment of the AQSIQ and inspection and quarantine agencies directly subordinated to the AQSIQ.

Article 8. Imported used machinery and electronic products that have not been inspected after arrival or are found not in compliance with the compulsory requirements of the country's technical standards on safety, sanitation, environmental protection upon arrival inspection are not allowed to be sold, installed and used.

Article 9. The AQSIQ is responsible for the training, qualification recognition and management over the staff involved in the pre-shipment inspection of importation of machinery and electronics (hereinafter referred to as pre-shipment inspection staff) in a unified manner. Persons having not obtained recognition of qualifications from the AQSIQ are not allowed to be engaged in the pre-shipment inspection of the imported used machinery and electronic products.

Chapter II Record-filing of the Importation of Used Machinery and Electronic Products

Article 10. The consignee of imported used machinery and electronic products and its agent (hereinafter referred to as record-filing applicant) shall apply to the record-filing agency before signing contract as requested for handling record-filing formalities.

The consignee or its agent of imported used machinery and electronic products requested by the related regulations to file a record with the AQSIQ shall, before record-filing, go to the local inspection and quarantine agency directly subordinated to the AQSIQ to apply for preliminary examination for record-filing with the requested materials for record-filing. The inspection and quarantine agency directly subordinated to the AQSIQ shall submit comments on the preliminary examination and related documents for record-filing to the AQSIQ.

Article 11. When applying for record-filing, the record-filing applicant shall fill in an Application for Record-filing of the Importation of Used Machinery and Electronic Products, specifying name, specification, model, quantity, value, place of origin, date of manufacturing, use, location of use and others of the imported used machinery and electronic products, and provide other related materials as requested.

Application materials provided by the record-filing applicant shall be authentic and complete.

In cases where the imported used machinery and electronic products are to be used in sales, lease or maintenance and other purposes and are subject to the compulsory product attestation system, import quality licensing administration and other regulations of the State, the applicant for record-filing shall provide corresponding testifying documents when making the application.

Article 12. Record-filing agencies shall conduct examination and verification over the content of application for record-filing, including the following:

1. conducting examination and verification of the authenticity, completeness and conformity of the application materials for record-filing;

2. whether the imported used machinery and electronic products conform to the requirements of the compulsory product attestation system and import quality licensing management;

3. whether imported used machinery and electronic products conform to the compulsory requirements of the State technical standards on related safety, sanitation, environmental protection and others.

Article 13. If the application for record-filing has been approved upon examination and verification, and the importation of used machinery and electronic products requires importation testifying documents issued by the Ministry of Commerce, the related department of the State Council or local administration authority of importation and exportation of machinery and electronic products, the record-filing agency shall issue a Note of Liaison of Record-filing of Used Machinery and Electronic Products to be Imported, and the consignee or its agent shall go to the related department to obtain importation testifying documents on the strength of the Note produced, on the strength of which, the record-filing agency shall handle the record-filing formalities for the applicant. In cases where the importation of used machinery and electronic products do not need importation testifying documents issued by the Ministry of Commerce, related department of the State Council or local administration authority of importation and exportation of machinery and electronic products, the record-filing agency shall handle the record-filing directly.

An application for record-filing failing to conform to requirements set upon examination and verification will not be verified.

Article 14. A record-filing agency shall, within five working days, identify whether a batch of used machinery and electronic products to be imported is subject to pre-shipment inspection.

In cases where pre-shipment inspection is required, the record-filing agency shall issue a Letter of Record-filing of Pre-shipment Inspection of Imported Used Machinery and Electronic Products (hereinafter referred to as letter of record-filing).

In cases where there is no need for pre-shipment inspection, the record-filing agency shall issue a Letter of Proof of Exemption from Pre-shipment Inspection of Used Machinery and Electronic Products to be Imported (hereinafter referred to as Proof of Exemption from Pre-shipment Inspection).

Chapter III Pre-shipment Inspection

Article 15. In the case of importation of used machinery and electronic products for which the Letter of Record-filing is issued by the AQSIQ, the AQSIQ shall designate directly subordinated inspection and quarantine agencies to organise and implement the pre-shipment inspection.

For importation of used machinery and electronic products for which the Letter of Record-filing is issued by the directly subordinated inspection and quarantine agencies, the directly subordinated inspection and quarantine agencies shall be responsible for the organisation and implementation of the pre-shipment inspection.

Article 16. The directly subordinated inspection and quarantine agencies shall, before the implementation of the pre-shipment inspection, report to the AQSIQ information regarding the time, location, staff involved in the preliminary inspection plan, Letter of Record-filing (copy) of the pre-shipment and handle the related examination and approval formalities as requested. The directly subordinated inspection and quarantine agencies are not allowed to organise and implement pre-shipment inspection without approval from the AQSIQ.

Article 17. Staff involved in the pre-shipment inspection shall gather and be familiar with the use, performance, inspection technical standards and other related information of the imported used machinery and electronic products beforehand, identify inspection items and methods, formulate an inspection plan, and organise pre-shipment inspection according to the inspection plan.

Article 18. Items included in pre-shipment inspection shall include:

1. whether the imported used machinery and electronic products under inspection conform to the project approved by the State, and testifying in line with the existing rules on entry verification whether the related products conform to the requirements of the compulsory product attestation system, import quality licensing management and other regulations.

2. check to see whether the name, specification, model, quantity, place of origin, date of manufacturing, status of old or new, price, and other physical conditions of the used machinery and electronic products to be imported conform to the contract or agreement;

3. check safety, sanitation and environmental protection.

a. check the safety signs and warning signs on the exterior of the commodities

b. check the safety protection equipment when stationary, and safety of the electical parts and mechanical parts

c. check the safety, reliability and stability of commodities in operations;

d. check the sanitation, environmental protection and other items of the commodities.

Article 19. After spot inspection, the pre-shipment inspection staff shall give their preliminary evaluation of the imported used machinery and electronic products in terms of harm done to and degree of harm done to safety, sanitation, environmental protection, and notify the consignee of the imported used machinery and electronic products.

Preliminary evaluation concluded from the pre-shipment inspection on items of safety, sanitation, environmental protection and other items of the used machinery and electronic products is divided into three types:

1. finding no inconformity with the basis of inspection;

2. finding inconformity with the basis of inspection and the inconformity could be removed with technical measures;

3. finding inconformity with the basis of inspection and the inconformity could not removed with technical measures.

Article 20. Pre-shipment inspection staff shall record earnestly the spot inspection, gather related testimonial materials, and specify clearly items unable to be inspected due to constraints of conditions and problems found from the inspection in the record.

In cases where inconformity has been found upon the inspection and where it could be removed with technical measures, the pre-shipment inspection staff shall ask the parties involved in the trading of used machinery and electronic products to be imported to conduct technical treatment over the products. The consignee shall ensure that the used machinery and electronic products undergoing rectification conform to the compulsory requirements of the State technical standards on safety, sanitation and environmental protection, and make commitments accordingly.

In cases where inconformity has been found from the inspection and the inconformity cannot be removed through technical measures, the pre-shipment inspection staff shall notify the consignee that the used machinery and electronic products failing the inspection are not allowed to enter China.

Article 21. Within seven days of completion of the pre-shipment inspection, the pre-shipment inspection agency shall issue a Pre-shipment Inspection Report, specifying clearly the preliminary evaluation comments with regard to the safety, sanitation, environmental protection and other items of the imported used machinery and electronic products.

Article 22. The pre-shipment inspection agency shall submit the Pre-shipment Inspection Report (one original and one copy), Letter of Record-filing (copy) and related original record of inspection to the local directly subordinated inspection and quarantine agency at the place where the consignee of the imported used machinery and electronic products is located for examination and verification without delay.

In cases where the examination and verification is found to conform to the procedures governing pre-shipment inspection, the directly subordinated inspection and quarantine agency shall issue a Certificate of Pre-shipment Inspection of Imported Used Machinery and Electronic Products (hereinafter referred to as Certificate of Pre-shipment Inspection) which shall be given to the consignee of the imported used machinery and electronic products, with the comment that¡§The certificate only represents that pre-shipment inspection has been exercised over the imported used machinery and electronic products in line with the procedures and requirements as requested, and the pre-shipment inspection agency is held liable for the result of the pre-shipment inspection¡¨.

Article 23. Directly subordinated inspection and quarantine agency after completing the examination and verification and issuing of certificates shall submit the copy of the Pre-shipment Inspection Report and the Certificate of Pre-shipment Inspection to the AQSIQ for future reference.

Article 24. Parties involved in the trading of imported used machinery and electronic products shall actively assist the pre-shipment inspection agency in the implementation of pre-shipment inspection, and co-ordinate the pre-shipment inspection staff in the pre-shipment inspection.

Chapter IV Arrival Inspection

Article 25. Upon the arrival of the imported used machinery and electronic products at the port, the consignee or its agent shall handle the formalities with regard to the importation declaration for inspection with the Certificate of Exemption from Inspection (original) or Letter of Record-filing (original), Pre-shipment Inspection Report (original) and Certificate of Pre-shipment Inspection (original) and other necessary documents.

Article 26. Port inspection and quarantine agencies, upon accepting the declaration for inspection, shall check the documents and certificates, and conduct spot inspection as requested in cases of necessity, and issue a Bill of Clearing of Entry Commodities to those that conform to the requirements set and comment on the bill of clearing that the products are used machinery and electronic products.

Article 27. In cases where imported used machinery and electronic products are shipped in batches, the port inspection and quarantine agency shall handle the cancellation after verification on the attached page of the original of the testifying document of the record-filing of imported used machinery and electronic products and on the valid detailed list. In cases where the cancellation after verification has not been completed, the copy will be kept and the original will be returned to the party declaring for inspection. The original will be recalled once all cancellation after verification has been carried out.

Article 28. The inspection and quarantine agency at the place of use is responsible for the arrival inspection over the importation of used machinery and electronic products; if the place of use is not specified the entry port inspection and quarantine agency is responsible for the arrival inspection.

Article 29. In cases where inspection at places other than the entry point is needed, the entry port inspection and quarantine agency shall issue a Bill of Clearing of Entry Commodities, and deliver the Certificate of Exemption from Inspection (original) that has completed cancellation after verification and the attached page of the original Certificate, Pre-shipment Inspection Report (original) and Certificate of Pre-shipment Inspection (original) and other documents for declaration for inspection and the third page of the Bill of Clearing of Entry Commodities to the inspection and quarantine agency at the place of use without delay.

In cases where the cancellation after verification has not been completed, the copy of the original testifying documents for record-filing shall be delivered. The entry port inspection and quarantine agency shall keep the copy of the original testifying documents for record-filing, and a copy of other materials for declaration for inspection in files for future reference.

Article 30. The consignee of imported used machinery and electronic products or its agent shall, within 6 working days upon the arrival of the products at the place of use, declare to the inspection and quarantine agency at the place of product use with related materials for declaration for inspection. The inspection and quarantine agency at the place of use shall arrange inspection for the products without delay.

Article 31. Content of arrival inspection includes:

1. Open-box inspection:

a: check to see whether the imported used machinery and electronic products conform to the items approved by the State, and to see whether the related products conform to the requirements of the compulsory product attestation system, import quality licensing management and other regulations in line with the existing regulations on entry inspection;

b: check to see whether the external appearance and packages of imported used machinery and electronic products have external defects or damages;

c: check to see whether the name, specification, model, quantity, place of origin, date of manufacturing, state of old or new, price and others of the physical status of commodities conform to the provisions of the contract or agreement;

2. conduct safety inspection according to the country¡¦s compulsory standard on electrical safety and mechanical safety of machinery and electronic products:

a: check the external safety marks and warning marks of the commodities;

b: check the safety of protection facilities of the commodities when stationary, safety of the electrical parts and mechanical parts;

c: check the safety, reliability and stability of commodities in motion;

3. Inspection over sanitation and environmental protection items in line with the country¡¦s compulsory standards on sanitation and environmental protection:

a: check the sanitary conditions of the goods;

b: check to see whether the noise, dust content, radiation and discharge of the goods in motion conform to the standard;

4. Inspection over the effectiveness of technical and rectifying measures taken towards inconformity items identified in pre-shipment inspection;

5. inspection of other items may be conducted in reference to the related provisions governing inspection over similar types of machinery and electronic products.

Article 32. Products passing the inspection will be given a Certificate of Inspection and Quarantine of Entry Commodities and are allowed to be sold, installed and used.

Imported used machinery and electronic products are considered as failing the inspection under any of the following circumstances:

1. name, quantity, specification, and state of old and new of the products do not conform to the items approved by the State;

2. safety, sanitation, and environmental protection items do not conform to the compulsory requirements of the State technical standards and are unable to undergo technical treatment or fail to pass the inspection after undergoing technical treatment;

3. unable to be used as originally planned after installation and adjustment.

Article 33. For imported used machinery and electronic products that are considered to have failed the inspection, the inspection and quarantine agency shall issue a certificate of inspection and quarantine for entry goods, ask the consignee to return, or destroy the goods or treat the goods in line with other related provisions.

Chapter V Supervision and Administration

Article 34. An inspection and quarantine agency shall strengthen the monitoring of safety, sanitation and environmental protection items of imported used machinery and electronic products in the course of sales and use, and conduct supervision and administration over the activities of the units receiving and using the goods.

Article 35. In cases where the imported used machinery and electronic products cause serious safety, sanitation and environmental protection problems in the course of use, the AQSIQ may request the use of the goods to be stopped, notify related departments to handle the matter, and stop handling record-filing for the same and similar products in accordance with the related provisions of risk pre-warning and fast reaction.

Article 36. The AQSIQ exercises registration administration over importers of used machinery and electronic products for sales, leasing or maintenance purposes.

Article 37. Acts of not declaring the importation of used machinery and electronic products according to the facts and evading administration exercised by the State over imported used machinery and electronics, when found, will be punished according to the related provisions of the commodities inspection law and its rules of implementation. In the case of violation of other laws and regulations of the State is identified, the violation will be transferred to other related departments for further investigation and disposal.

Article 38. Pre-shipment inspection agencies shall conduct pre-shipment inspection in line with the procedures and requirements of the AQSIQ, ensure the quality of their work, and are held liable for the authenticity and accuracy of the Pre-shipment Inspection Report issued and the corresponding legal responsibility.

A pre-shipment inspection agency violating this set of Rules or practicing favouritism, being involved in fraudulent activities, forging the result of pre-shipment inspection or committing other violations will be given punishments ranging from warning, temporary suspension of related inspection work, or cancellation of qualifications of the pre-shipment inspection agencies by the AQSIQ in line with the seriousness of the violations.

Article 39. Pre-shipment inspection staff shall conduct pre-shipment inspection in line with the procedures and requirements of the AQSIQ, perform their obligations earnestly, and are held liable for the authenticity and accuracy of the result of pre-shipment inspection.

In cases where pre-shipment inspection staff violate this set of Rules, or practice favoritism, are engaged in fraudulent activities, forge results of pre-shipment inspection, or commit major mistakes in the inspection and cause serious consequences, the AQSIQ may cancel the recognized qualifications of the pre-shipment inspection staff.

Article 40. Various directly subordinated inspection and quarantine agencies shall conscientiously collect statistics of pre-shipment inspection and arrival inspection, and report the information of the related work to the AQSIQ on a regular basis.

Chapter VI Supplementary Articles

Article 41. Working procedures and division of labour governing the inspection of imported used pressure containers are handled in line with the related provisions.

Article 42. The AQSIQ is entitled to the interpretation right of this set of Rules.

Article 43. This set of Rules shall enter into force as of October 1, 2003 and prevail in the case of disputes arising between this set of Rules and previously released regulations.

Promulgated by AQSIQ on August 18, 2003