颁布日期:19980208 实施日期:19980208 颁布单位:国家进出口商品检验局、 国家机电产品进出口办公室
GuoJianJianLian [1998] No.26
February 8, 1998
Commodity Inspection1 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 jointly2 issued by the State Economic and Trade Commission, the Ministry3 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 stipulated4 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 Licensing5 System (see attachment6 1). The exceptions go to those especially required by the State to be imported.
2. In signing a contract or a binding7 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, sanitation8 and environmental protection, etc. set up inspection clauses stipulating9 the imspection basis and all the technique indicators10, etc. For the said products; and for those used mechanical and electrical products and large-scale "second-hand11" plant equipment related to the security of the State, environmental protection and people's health, the import unit concerned shall formulate12 clauses in the foreign trade contract stipulating that preliminary inspection and supervision13 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 shipping14 shall be conducted, the commodity inspection organ shall, if necessary, send out inspectors15 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 "registration16 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 invoice17, 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 implemented18 as of the date of promulgation19.
Attachment (omitted)