(Revised 20 17)
(Promulgated by Order No.65438 of the General Administration of Quality Supervision, Inspection and Quarantine on 20 17 1 year/October 23rd, and revised according to the decision of the General Administration of Quality Supervision, Inspection and Quarantine on February 27th, 20 17).
Chapter I General Principles
Article 1 In order to regulate the inspection, supervision and administration of imported used mechanical and electrical products, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Import and Export Commodity Inspection and its implementing regulations, as well as the relevant provisions of bilateral or multilateral treaties and agreements concluded or acceded to by People's Republic of China (PRC).
Article 2 These Measures shall apply to the inspection, supervision and administration of used mechanical and electrical products that are allowed to be imported by the state and sold and used in People's Republic of China (PRC).
Used mechanical and electrical products as mentioned in these Measures refer to mechanical and electrical products under any of the following circumstances:
(a) has been used (not including the equipment that has been tested and debugged before use), and still has basic functions and certain use value;
(2) Not used, but exceeding the warranty period (non-warranty period);
(three) spare parts that have not been used, but have been stored for too long, resulting in obvious tangible losses;
(4) Mixing old and new parts;
(5) After the transformation.
Article 3 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) is in charge of the inspection, supervision and administration of used mechanical and electrical products imported nationwide.
The entry-exit inspection and quarantine department established by the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the inspection and quarantine department) is responsible for the inspection, supervision and administration of imported used mechanical and electrical products within its jurisdiction.
Article 4 The import of used mechanical and electrical products shall conform to the provisions of laws and regulations on safety, hygiene, health, environmental protection, fraud prevention, energy conservation and the mandatory requirements of national technical specifications.
Article 5 Imported used mechanical and electrical products shall be subject to port inspection, destination inspection, supervision and administration. Imported used mechanical and electrical products with high value and high risk involving personal and property safety, health and environmental protection projects need to be inspected before shipment.
The list of used mechanical and electrical products imported for pre-shipment inspection shall be formulated by the AQSIQ and published on the website of the AQSIQ.
If the pre-shipment inspection results of imported used mechanical and electrical products are inconsistent with the port inspection and destination inspection results, the port inspection and destination inspection results shall prevail.
Article 6 Importers of used mechanical and electrical products shall be honest and trustworthy, be responsible to the society and the public, and bear the main responsibility for the quality of the used mechanical and electrical products they import.
Chapter II Inspection before shipment
Article 7 For imported used mechanical and electrical products that need to be inspected before shipment, the consignee, consignor or their agents shall, in accordance with the provisions of the General Administration of Quality Supervision, Inspection and Quarantine, apply to the inspection and quarantine institution or entrust the inspection institution to carry out the inspection before shipment.
AQSIQ will not designate inspection agencies to conduct pre-shipment inspection of used mechanical and electrical products.
The pre-shipment inspection shall be completed before the goods are shipped.
Article 8 Where the consignee, consignor or their agents apply to the inspection and quarantine organ for pre-shipment inspection, the inspection and quarantine organ may organize or send inspectors to participate in the pre-shipment inspection of used mechanical and electrical products as needed.
Article 9 Pre-shipment inspection of imported used mechanical and electrical products shall be conducted in accordance with the mandatory requirements of national technical specifications.
The contents of pre-shipment inspection include:
(a) to make a preliminary evaluation of safety, hygiene, health, environmental protection, fraud prevention, energy consumption and other projects;
(two) to check whether the product name, quantity, specification (model), old and new, damaged and so on are consistent with the contract, invoice and other trade documents;
(3) Whether it contains or carries prohibited goods.
Article 10 Whoever entrusts an inspection agency to carry out pre-shipment inspection shall be honest and trustworthy, and carry out pre-shipment inspection in accordance with Article 9 of these Measures and the provisions of the AQSIQ.
Article 11 After the inspection and quarantine institution or inspection institution completes the pre-shipment inspection, it shall issue the pre-shipment inspection certificate and attach the pre-shipment inspection report.
The inspection certificate and attached inspection report shall meet the following requirements:
(a) the inspection basis is accurate, the inspection situation is clear, and the inspection results are true;
(2) Having a unified and traceable number;
(3) The inspection report shall include the inspection basis, inspection object, on-site inspection, signatures of the pre-shipment inspection organization and authorized signatory, etc.
(4) The inspection certificate shall not contain the imported used mechanical and electrical products whose inspection conclusions and handling opinions in the inspection report do not conform to the provisions of Article 4 of these Measures;
(5) The inspection certificate and attached inspection report shall be in Chinese. If it is issued in Chinese and foreign languages, the Chinese language shall prevail;
(six) the inspection certificate shall have a clear validity period, which shall be determined by the issuing agency according to the situation of importing used mechanical and electrical products, usually half a year or one year.
In addition to the above elements, the inspection report of construction machinery should also list the name, HS code, specification, place of origin, engine number/frame number, manufacturing date (year), running time (hours), inspection report, maintenance record, verification of operating instructions, etc.
Chapter III Inspection of Imported Used Mechanical and Electrical Products
Article 12 After the imported used mechanical and electrical products arrive at the port, the consignee or its agent shall go through the inspection and quarantine formalities with the inspection and quarantine institution with the following information:
(1) Contracts, invoices, packing lists and bills of lading;
(2) If pre-shipment inspection is required, the pre-shipment inspection certificate issued by the inspection and quarantine department or inspection agency and the attached inspection report shall also be submitted.
Article 13 After accepting the application for inspection, the port inspection and quarantine department shall issue a customs clearance certificate marked "Imported used mechanical and electrical products".
Article 14 The port inspection and quarantine department shall conduct port inspection on imported used mechanical and electrical products.
When carrying out port inspection, the inspection data should be checked batch by batch. When necessary, conduct on-site verification on whether the imported used mechanical and electrical products conform to the inspection data.
Other work of port inspection shall be carried out in accordance with the relevant provisions of port inspection.
Article 15 The destination inspection and quarantine department shall carry out destination inspection on imported used mechanical and electrical products.
Article 16 The destination inspection of imported used mechanical and electrical products by the inspection and quarantine department includes conformity verification, safety and health inspection and environmental protection inspection.
Consistency check:
1. Check whether the product is defective or damaged in appearance and packaging;
2. Check whether the actual conditions of commodities such as commodity name, specification, model, quantity and place of origin are consistent with the inspection data and pre-shipment inspection results;
3. Conduct spot checks on the actual use of used mechanical and electrical products imported, focusing on checking whether the actual use of used mechanical and electrical products imported by special trade methods is consistent with the declaration.
(2) Safety project inspection:
1. Check product surface defects, safety signs and warning signs;
2. Check the electrical safety and mechanical safety when the product is stationary;
3. Check the electrical safety and mechanical safety of the product in the running state, as well as the reliability and stability of the equipment operation.
(three) health and environmental protection project inspection:
1. Check the hygiene status of products and see whether the food processing machinery and household appliances involved in food safety projects meet the relevant mandatory standards;
2. Check whether the noise, dust content, radiation and emission of the product meet the standards in the running state;
3. Check whether the product meets the relevant energy efficiency limit standards of China.
(four) to verify the effectiveness of the technology and rectification measures for the unqualified items found in the pre-shipment inspection, and to inspect the items not involved in the pre-shipment inspection; When necessary, conduct spot checks on the pre-shipment inspection items that have been implemented.
(five) the inspection of other projects shall be carried out in accordance with the relevant provisions of the inspection of similar mechanical and electrical products.
Article 17 If the articles related to personal and property safety, health and environmental protection fail to pass the inspection at the destination, the inspection and quarantine institution shall order the consignee to destroy them, or issue a notice of return and notify the customs in writing; Other unqualified items can be technically treated under the supervision of the inspection and quarantine department, and can only be sold or used after re-inspection.
Imported used mechanical and electrical products that fail the destination inspection are complete sets of equipment and materials, and a notice of no installation and use is issued. After technical treatment and reinspection by the inspection and quarantine department, it can be installed and used.
Chapter IV Supervision and Administration
Article 18 The General Administration of Quality Supervision, Inspection and Quarantine and the inspection and quarantine departments shall supervise and manage the consignees and their agents, importers and their agents, pre-shipment inspection institutions and related activities of imported used mechanical and electrical products.
Article 19 An inspection institution shall be responsible for the authenticity and accuracy of the pre-shipment inspection certificate issued by it and the attached inspection report.
In the inspection and supervision of imported used mechanical and electrical products, if the violation of Article 11 of these measures is serious or causes serious consequences, the AQSIQ or the inspection and quarantine institution may issue a warning notice and decide not to recognize the inspection certificate and attached inspection report issued by the inspection institution, but the longest period shall not exceed 3 years.
Article 20 Importers of used mechanical and electrical products shall establish a record system for the import, sale and use of products, and truthfully record the names, specifications and quantities of imported used mechanical and electrical products, the names and contact information of exporters and buyers, and the delivery date. Records shall be authentic and shall be kept for no less than 2 years.
The inspection and quarantine department may inspect the import, sales and use records of importers within its jurisdiction.
Article 21 The General Administration of Quality Supervision, Inspection and Quarantine and the inspection and quarantine departments shall, in accordance with the relevant provisions on risk early warning and quick response, deal with the quality and safety problems found during the inspection and supervision of imported used mechanical and electrical products.
Article 22 The staff of the AQSIQ and the inspection and quarantine institutions shall be obliged to keep confidential the business secrets they know when performing their duties of inspection and supervision of imported used mechanical and electrical products.
The General Administration of Quality Supervision, Inspection and Quarantine and the inspection and quarantine departments shall perform the duties of inspection and supervision of imported used mechanical and electrical products, abide by laws and regulations, safeguard national interests, strictly enforce the law in accordance with legal authority and procedures, and accept supervision.
Chapter V Legal Liability
Article 23 Whoever sells or uses used mechanical and electrical products that have not been inspected or imported without inspection shall be confiscated by the inspection and quarantine department in accordance with the Regulations for the Implementation of the Law on Inspection of Import and Export Commodities in People's Republic of China (PRC), and a fine of more than 5% and less than 20% of the value of the imported used mechanical and electrical products shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 24 Whoever sells or uses used mechanical and electrical products imported without legal inspection, spot check or verification shall be ordered by the inspection and quarantine organ to stop selling or using them according to the Implementation Regulations of the Law of People's Republic of China (PRC) on Import and Export Commodity Inspection, and the illegal income and the used mechanical and electrical products imported illegally for sale and use shall be confiscated. And impose a fine of less than 3 times the value of the imported used mechanical and electrical products illegally sold and used; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 25. Without changing the samples taken by the inspection and quarantine department or the used mechanical and electrical products imported by the inspection and quarantine department, the inspection and quarantine department shall order it to make corrections and give a warning in accordance with the "Regulations for the Implementation of the People's Republic of China (PRC) Import and Export Commodity Inspection Law"; If the circumstances are serious, a fine ranging from 10% to 50% of the value of used mechanical and electrical products shall be imposed.
Article 26 If the consignee, inspection agent or inspector of imported used mechanical and electrical products fails to provide the true information of imported used mechanical and electrical products, fails to obtain the relevant documents of the inspection and quarantine department, or refuses to apply for inspection and quarantine of imported used mechanical and electrical products according to law, the inspection and quarantine department shall confiscate the illegal income in accordance with the Implementation Regulations of the Law of People's Republic of China (PRC) on Import and Export Commodity Inspection, and impose a fine of 5% to 20% of the value of imported used mechanical and electrical products.
Article 27 If the used mechanical and electrical products allowed to be imported by the importing country have not been inspected before shipment in accordance with the regulations, they shall be returned in accordance with the relevant provisions of the state; If the circumstances are serious, the inspection and quarantine department shall impose a fine of 1 10,000 yuan according to the Implementation Regulations of People's Republic of China (PRC) Import and Export Commodity Inspection Law.
Article 28 Whoever forges, alters, buys, sells, steals or uses forged or altered pre-shipment inspection certificates and inspection reports issued by inspection and quarantine institutions, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the case is not serious enough for criminal punishment, the inspection and quarantine department shall order it to make corrections, confiscate its illegal income and impose a fine of less than the value of the goods in accordance with the Regulations for the Implementation of People's Republic of China (PRC) Import and Export Commodity Inspection Law.
Article 29 When performing the duties of inspection and supervision of imported used mechanical and electrical products, the staff of inspection and quarantine institutions shall enforce the law impartially, be loyal to their duties, and shall not abuse their powers, neglect their duties or engage in malpractices for personal gain; Those who violate the law and neglect their duties shall be investigated for responsibility according to law.
Chapter VI Supplementary Provisions
Thirtieth used mechanical and electrical products imported through special supervision areas shall be implemented in accordance with these measures.
Article 31 Animal and plant quarantine and health quarantine work involved in the import of used mechanical and electrical products shall be carried out in accordance with the provisions of entry-exit animal and plant quarantine and frontier health quarantine laws and regulations.
Article 32 Used mechanical and electrical products that are prohibited from being imported by importing countries shall be returned or destroyed.
Article 33 The AQSIQ shall be responsible for the interpretation of these Measures.
Article 34 These Measures shall come into force as of 20061October 2065438+ 1 day. The Measures for Inspection and Supervision of Imported Used Mechanical and Electrical Products issued by the General Administration of Quality Supervision, Inspection and Quarantine on June 5438+February 3, 2002 and the Provisions on Inspection and Supervision Procedures of Imported Used Mechanical and Electrical Products issued on August 65438+August 2003 shall be abolished at the same time. [ 1]
Content interpretation, editing and broadcasting
In order to strengthen the inspection, supervision and management of imported used mechanical and electrical products, the General Administration of Quality Supervision, Inspection and Quarantine promulgated the Measures for Inspection, Supervision and Management of Imported Used Mechanical and Electrical Products on February 365438, 2002 (Order No.37 of the General Administration). The relevant issues are hereby announced as follows:
1. In order to ensure the smooth development of the inspection, supervision and administration of used mechanical and electrical products imported, the Measures for the Inspection, Supervision and Administration of Used Mechanical and Electrical Products Imported are postponed to August, 2003 1 day.
2. The consignee or his agent of imported used mechanical and electrical products shall apply to the AQSIQ or the inspection and quarantine bureau directly under the locality for filing 90 days before the effective date of the contract or agreement. The applicant shall fill in the Application for the Record of Imported Used Mechanical and Electrical Products (the format can be downloaded from the website of AQSIQ), indicating the product name, model, quantity, amount, origin, production date and purpose, etc. And submit the following materials:
(1) Business licenses (photocopies) of the applicant, consignee and consignor;
(2) Contract or binding agreement;
(3) Certification documents (photocopies) of the state's permission to import;
(4) an application for pre-inspection before shipment;
(5) List of imported used mechanical and electrical products (including: name, code, quantity, specifications, origin, production date, manufacturer, old and new condition, price and use).
(6) Other relevant information.
Three. The General Administration of Quality Supervision, Inspection and Quarantine or the inspection and quarantine bureau directly under it shall issue the Pre-inspection Record of Imported Used Mechanical and Electrical Products before shipment within 5 working days after accepting the filing application; If pre-inspection before shipment is not required, a certificate of exemption from pre-inspection before shipment shall be issued for imported used mechanical and electrical products.
Four. The consignee or its agent of imported used mechanical and electrical products shall apply for pre-inspection before shipment under any of the following circumstances: (Category ***26 in three cases)
(1) Large-scale second-hand equipment involving personal health, safety, sanitation and environmental protection. 1, food processing machinery and equipment;
2. Petrochemical equipment;
3. Textile equipment;
4. Energy and nuclear equipment;
5. Electronics, instruments and their processing equipment;
6. Construction equipment;
7. Metallurgical and mining equipment;
8. Agricultural and printing machinery and equipment;
9, metal and nonmetal processing equipment;
10, forestry, pulping and papermaking equipment;
1 1, generator set, including diesel engine, gasoline engine, generator and its accessories;
12, other mechanical equipment.
(two) the import of used mechanical and electrical products approved by the competent trade department of the state and with special needs of the state.
1, automobiles and motorcycles (including engines), bicycles, special transport vehicles and their parts;
2, engineering construction machinery and its parts;
3, medical equipment, appliances and their parts, spare parts;
4. Electric welding machines, such as small AC arc welding machines, AC arc welding machines, DC arc welding machines, TIG arc welding machines, MIG/MAG arc welding machines, submerged arc welding machines, plasma arc welding machines, resistance welding machines, electric shock protection devices for arc welding transformers, welding cable coupling devices, wire feeding devices of welding machines, TIG welding torches, MIG/MAG welding torches, electrode holders, etc.
5. Electric tools, including electric drills (including impact drills), electric screwdrivers and impact wrenches, electric grinders (including angle grinders, straight grinders, mold grinders, wet grinders, electric grinders, polishers and disc sanders), sanders (including flat sanders, circular sanders and belt sanders), circular saws, electric hammers (including electric picks) and electric spray guns for nonflammable liquids. Knife saw), plug-in concrete vibrator, chainsaw, planer, electric pruning shears and electric lawn mowers, electric wood edge milling machine, electric stone cutting machine (including marble cutting machine), etc.
6, gas cookers, industrial or laboratory electric stoves and ovens, fire safety precautions, etc. ;
7, color film processing equipment and spare parts and accessories;
8, electronic game machines, entertainment equipment and spare parts, accessories and parts, etc. ;
9, fitness equipment and appliances, etc. ;
10, personal telecommunication terminal products, such as cordless phones, mobile phones, pagers and spare parts;
1 1. Office equipment, such as typewriters, word processors, electronic calculators, automatic data processing equipment (including printers), other office equipment, fax machines, teleprinters, slide projectors, micro-readers, orthophoto projectors, other image projectors, copying equipment, plotters, scanners, cash registers and spare parts, accessories and parts of the above goods.
12, personal computers and their parts, components and accessories (including desktop and portable computers and their monitors, PCs, servers, etc. ), power supply (including built-in switching power supply, power adapter, charger, UPS) and other related products;
13, household appliances, such as refrigerators and refrigerator compressors, washing machines and dryers, household electric compressors, electric fans, air conditioners, vacuum cleaners, electric water heaters, electric ovens, rice cookers, microwave ovens, food electric processors, liquid electric heaters, household and similar electric irons, skin and hair care appliances, televisions and picture tubes, combo speakers, tape recorders and video recorders.
14, other civil mechanical and electrical products.
(3) Mechanical and electrical products manufactured 8 years ago (including 8 years).
Imported used mechanical and electrical products that do not fall into the above circumstances are exempt from pre-inspection before shipment.
Five, the need for pre-inspection before shipment, the applicant for the record should hold the "pre-inspection for imported used mechanical and electrical products before shipment for the record form" and the list of products for the pre-inspection before shipment to the pre-inspection agency in a timely manner.