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CIRCULAR OF THE STATE ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE ON PRINTING AND DISTRIBUTING THE PROVISIONS OF THE STATE ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE ON THE ADMINISTRATION OF IMPORT OF MECHANICAL AND ELECTRICAL PRODUCTS

The State Administration of Quality Supervision, Inspection and Quarantine

Circular of the State Administration of Quality Supervision, Inspection and Quarantine on Printing and Distributing the Provisions of the State Administration of Quality Supervision, Inspection and Quarantine on the Administration of Import of Mechanical and Electrical Products

GuoZhiJianCai [2002] No.276

September 18, 2002

The bureau of quality and technical supervision of each province, autonomous region, municipality directly under the Central Government, the Xinjiang Army Corps of Production and Construction and municipalities separately listed on the State plan, and each bureau of quality inspection and quarantine directly under this Administration, the Certification and Accreditation Administration, the Standardization Administration, and each entity directly under this Administration:

In order to strengthen the administration of import of mechanical and electrical products, the State Administration of Quality Supervision, Inspection and Quarantine has formulated the Provisions of the State Administration of Quality Supervision, Inspection and Quarantine on the Administration of Import of Mechanical and Electrical Products in accordance with the relevant provisions of the state on import and export of electrical and mechanical products. The said Provisions are hereby printed and distributed to you, please carry them out accordingly. Attachment:Provisions of the State Administration of Quality Supervision, Inspection and Quarantine on the Administration of Import of Mechanical and Electrical Products

Chapter I General Provisions

Article 1

In order to strengthen the administration of import of mechanical and electrical products by the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as SAQSIQ), these Provisions are formulated pursuant to the Measures for the Administration of Import of Mechanical and Electrical Products, the Rules for the Implementation of the Administration of Automatic Import License for Mechanical and Electrical Products, the Rules for the Implementation of the Administration of Import Quota for Import of Mechanical and Electrical Products and the Rules for the Implementation of the Administration of Import of Certain Mechanical and Electrical Products etc.

Article 2

The Mechanical and Electrical Import and Export Office of the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as MEIEO) is set up under the Department of Planning and Finance of the SAQSIQ, its major duties include:

(1)

Carrying out the guidelines, policies, laws and regulations of the state on import and export of mechanical and electrical products, formulating rules and regulations on the administration of import and export of mechanical and electrical products within the system, and organizing the implementation and inspection.

(2)

Being responsible for the administration of import of mechanical and electrical products within the system, and process the following formalities for import of mechanical and electrical products within the scope authorized by the state;

a.

Handling the issuance of import license for mechanical and electrical products to the import entities within the system (hereinafter referred to as import entities);

b.

Being responsible for the collection and examination of the import quota of mechanical and electrical products within the system, and reporting to the National Mechanical and Electrical Import and Export Office (hereinafter referred to as NMEIEO) for approval;

c.

Being responsible for the collection and examination of the certain mechanical and electrical products within the system, and reporting to the NMEIEO for approval.

(3)

Being responsible for the collection, arrangement, analysis and statistics of the real time import data and submitting the data to the NMEIEO, with the operations subject to the administration by the NMEIEO.

Chapter II Handling of Automatic Import License

Article 3

According to the Rules for the Implementation of the Administration of Automatic Import License for Mechanical and Electrical Products, the mechanical and electrical products covered by the Catalog of Mechanical and Electrical Products Subject to Automatic Import License shall be subject to the administration of automatic import license, with the exception of those prohibited and restricted from importing.

Article 4

Procedures for applying for automatic import license:

(1)

An import entity shall go through the formalities for automatic import license with the MEIEO before signing the contract, and shall submit one piece of the Import Application Form of Mechanical and Electrical Products (see the attachment) completely filled out and affixed with official seal;

(2)

The MEIEO shall examine the application form and, if the requirements are met, issue the Automatic Import License within 10 workdays.

Article 5

The import entity shall handle the sales and payment of foreign exchange with the bank, and go through the formalities for check and clearance with the customs by right of the Automatic Import License.

Article 6

The valid term of the Automatic Import License is one year, if the import entity needs to extend the period for special reasons within the valid term, it shall apply for replacement of the license and extension of the period with the MEIEO, the Automatic Import License may be extended for only once. If the import entity needs to alter the contents of the relevant items in the Automatic Import License for special reasons within the valid term (no alteration is needed if the foreign exchange actually used is less than 10% of the foreign exchange planned to be used), it shall apply for alteration and replacement of the license with the MEIEO by presenting the original Automatic Import License. The MEIEO shall withdraw the old license, and print the words "replacement" in the notes column in the new license.

Chapter III Application for Import Quota for Mechanical and Electrical Products

Article 7

An import entity shall report its plan on import quota for mechanical and electrical products of the next year to the MEIEO before August 15 of each year (report after signing a contract is not allowed), the MEIEO shall collect the reports and make examination and verification before August 31, and transmit the reports to the NMEIEO.

Article 8

After the NMEIEO has assigned the quota index, an import entity shall fill in the Import Application Form of Mechanical and Electrical Products in duplication, submit the application report (including the use of import quota, the feasibility report of the introduced project etc) and other relevant documents to the MEIEO, which shall transmit these documents to the NMEIEO for examination and approval.

Article 9

An import entity shall apply for the Import Quota License with the Ministry of Foreign Trade and Economic Cooperation with (MOFTEC) the Import Quota Certificate of Mechanical and Electrical Products issued by the NMEIEO, the valid term for application shall be the current year when the Import Quota Certificate of Mechanical and Electrical Products is issued, any application filed after that period will be ineffective.

Article 10

If an import entity needs to, after drawing the Import Quota Certificate of Mechanical and Electrical Products, alter some project contents for special reasons within the valid term (no alteration is needed if the foreign exchange actually used is less than 10% of the foreign exchange planned to be used), it shall apply for the alteration and replacement with the department that issued the certificate by taking with it the original Import Quota Certificate of Mechanical and Electrical Products. When an import entity applies for the Import Quota License by taking the Import Quota Certificate of Mechanical and Electrical Products, it may not alter any project contents in the Import Quota Certificate of Mechanical and Electrical Products.

Article 11

In case of loss of the Import Quota Certificate of Mechanical and Electrical Products, the holder shall immediately report the loss to, at the same time, the original department in charge of import quota, the original department in charge of license and the customs of the port where the customs declaration was made. If no serious consequences arise, the import entity may apply for issuance of a new certificate with the NMEIEO.

Chapter IV Application for Import of Certain Mechanical and Electrical Products

Article 12

An import entity applying for import of certain mechanical and electrical products shall faithfully fill in the Import Application Form of Mechanical and Electrical Products in duplication, submit them to the MEIEO, which shall, after examination and verification, transmit them to the NMEIEO for examination and approval.

Article 13

An import entity shall sign a contract with the Import License of Mechanical and Electrical Products issued by the NMEIEO, process the sales and payment of foreign exchange with the bank, and go through the formalities for check and clearance with the customs.

Article 14

The valid term of the Import License of Mechanical and Electrical Products is 1 year, if an import entity needs to extend that period for special reasons within the valid term, it shall apply for the extension and replacement of the license with the department that issued the license, and the Import License of Mechanical and Electrical Products may be extended only once. If an import entity needs to alter the relevant project contents for special reasons within the valid term (no alteration is needed if the foreign exchange actually used is less than 10% of the foreign exchange planned to be used), it shall apply for the alteration and replacement, by taking with it the original Import License of Mechanical and Electrical Products, with the department that issued the license.

Article 15

In case of loss of the Import License of Mechanical and Electrical Products, an import entity shall immediately report the loss to the department that issued the license, which shall issue a new license after verification if no serious consequences arise.

Chapter V Supplementary Provisions

Article 16

If an import entity, in violation of the state provisions, forges, sells, or transfers without authorization the import certifications of mechanical and electrical products etc, the relevant parties shall be given administrative punishments pursuant to law, and the criminal responsibilities shall be investigated for if a crime is constituted.

Article 17

The functionaries of the departments of import administration shall enhance their sense of service, those that abuse their powers, neglect their duties or seek private benefits through wrongful means in violation of these Provisions in their administration work shall be given administrative punishments pursuant to administrative regulations, and the criminal responsibilities shall be investigated for if a crime is constituted.

Article 18

The power to interpret these Provisions shall remain with the MEIEO.

Article 19

These Provisions shall enter into force as of the date of promulgation. The Measures of the State Administration of Quality Supervision, Inspection and Quarantine on the Administration of Import of Mechanical and Electrical Products shall be nullified simultaneously.

Attachment:Import Application Form of Mechanical and Electronic Productshtm/e03119.htmNew Page 1

1 Importer
 
   进口商

3Name of Operator (Stamp of Consignee)
     
经办人(进口用户签章)
      Telephone
     
电话

2Consignee
     
进口用户

4AreaDepartment of Consignee
   
进口用户所在地区(部门)


                   Year Month Date
                    
年 月 日

5Terms of Trade
     
贸易方式

8 CountryRegion of Trading
 
   贸易国(地区)

6Terms of Foreign Exchange
     
外汇来源

9CountryRegion of Origin
  
  原产地国(地区)

7Place of Clearance
     
报关口岸

10Use of Goods
        
商品用途

  A Type of project: □ Basic Construction   □ Technical Reformation   □ Others    Industry of project: □□

     项目类型:基建项目 技改项目 其他项目 项目行业:□□

11  Description of Goods  Code of Goods  Status of Equipment
    商品名称 商品编码(H.S.) 设备状态

12.Specification
  规格、型号

13.Unit
  单位

14.Quantity
  数量

15.Unit Price( )
  单价

16.Amount( )
  总值

17. Amount in USD
 总值折美元

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18.Total
  总计

 

 

 

 

 

19.Supplementary Details
        备注

Area/Department of Consignee's Notion(Stamp)
进口用户所在地区(部门)意见:(签章)

Date
受理日期

    Note: Item A is not required for application for import of "single unit".
          Manufactured under the supervision of the MOFTEC


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