Laws and Regulations
Source: Ministry of Commerce Website, PRC
METHODS FOR THE STANDARDIZATION ADMINISTRATION OF IMPORTED MACHINERY AND ELECTRICAL PRODUCTS
Tuesday, March 10, 1998 Posted: 10:54 BJT (0254 GMT)
(Valid From:1998.05.01)
Article 1 With a view to strengthening the standardization administration of import machinery and electrical products, in line with the Standardization Law of the People’s Republic of China, the Implementing Regulations for the Standardization Law of the People’s Republic of China and the Interim Methods for the Administration of the Import of Machinery and Electrical Products, these methods is hereby formulated.
Article 2 All the machinery and electrical products, whose importation is subject to the Catalogue of Standardization Administration of Imported Machinery and Electrical Products (hereinafter referred to as the Catalogue of Standardization Administration), shall comply with China’s statutory standards. The Catalogue of Standardization Administration is formulated by the competent standardization administrative authorities under the State Council in line with statutory national standards, industrial standards and statutory standards stipulated by laws and regulations (hereinafter referred to as statutory standards).
Article 3 Demonstration samples used for exhibitions, demonstrations, trade fairs and other similar activities does not fall into the scope of administration; should there be need for retention, purchase or sales, these methods shall be applicable.
Article 4 Standardization administration of imported machinery and electrical products shall refer to activities in which, when importing machinery and electrical products listed in the Catalogue of Standardization Administration, the importer shall conduct a self- examination according to statutory standards and submit an application for recordation purposes with competent administrative authorities under the State Council or standardization administrative authorities under the people’s government at the level of a province, autonomous region, directly administered municipality or city separately listed in the national budget plan (hereinafter referred to the Administrative Authorities), which will in turn sign and issue the Recordation Filing Certificate for the Standardization Administration of Imported Machinery and Electric Products (referred to the Recordation Filing Certificate for Standardization Administration, Annex 1A).
Article 5 For all the products listed in the Catalogue of Standardization Administration, the administrative authorities of imported machinery and electrical products at various levels shall view the Recordation Filing Certificate for Standardization Administration signed and issued by the Administrative Authorities as one of the basis for going through import formalities.
Article 6 The competent standardization administrative authorities under the State Council exercise centralized administration of the nation’s work in regard to standardization administration of imported machinery and electrical products and perform the following duties:
(1) Formulating the guilding principles, policies and relevant provisions for the administrative effort;
(2) Conducting of supervision and inspection of the standardization administration effort;
(3) Directing, coordinating and handling major issues regarding the administrative effort; and
(4) Printing centrally the Recordation Filing Certificate for Standardization Administration.
Article 7 The relevant administrative authorities under the State Council and the competent standardization authorities of the people’s government at the level of a province, autonomous region, directly administered municipality and city separately listed on the national budget plan shall be responsible for the standardization administration of imported machinery and electrical products in their own departments and localities and perform the following duties:
(1) Carrying out the guiding principles and policies of standardization administration and putting forward recommendations as to the revision of the Catalogue of Standardization Administration;
(2) Taking charge of the administration of recordation filing and signing and issuing the Recordation Filing Certificate for Standardization Administration;
(3) Handling relevant disputes and, in case of major problems, reporting punctually to the competent standardization administrative authorities under the State Council;
(4) Providing relevant consulting services for importers; and
(5) Submitting reports on products filed for recordation and lists of importers to the competent standardization administrative authorities under the State Council and the State Office of the Import and Export of Machinery and Electrical Products.
Article 8 Before the importer makes a submission of machinery and electrical products listed in the Catalogue of Standardization Administration with the administrative authorities of imported machinery and electrical products in their own departments or localities, it shall first of all file an application for recordation purposes with the standardization authorities of their own departments or at the level of a province or city listed separately on the national budget plan.
Article 9 The principle of predominantly self-examination by the importer shall be pursued in the standardization administration of imported machinery and electrical products. The importer shall make sure that imported machinery and electrical products comply with China’s statutory standards.
Article 10 After the importer has passed its self-examination, it shall submit the Application Form of Recordation Filing for Standardization Administration of Machinery and Electrical Products (Annex 1B) to the Administration Authorities and provide the following technical information:
(1) The self-examination report of standardization administration of imported machinery and electrical products;
(2) The original copy and the Chinese version of the technical standards or requirements of the imported products concerned;
(3) Certificates attesting to the product’s compliance with China’s statutory standards issued by the foreign (overseas) manufacturer(s), national authorities and widely recognized testing institutions or certification organizations;
(4) A copy of the product’s manual and the diagram of the product; and
(5) Other certificates required for submission.
Article 11 The standardization administrative authorities shall, within five (5) working days, conduct a formal examination of the Application Form of Recordation Filing for Standardization Administration of Machinery and Electrical Products, accept those that meet requirements, complete the process of recordation within five (5) working days after accepting the application, and sign and issue the Recordation Filing Certificate for Standardization Administration; those applications which fail to meet requirements shall be dismissed with reasons explained.
Article 12 The importer shall be held accountable for the Application Form of Recordation Filing for Standardization Administration of Machinery and Electrical Products and relevant technical information provided by itself; it shall not provide any untrue self-examination and technical information, nor shall it forge, infringe, tamper with and/or transfer the Recordation Filing Certificate for Standardization Administration.
Article 13 In the absence of recordation filing for standardization administration, administrative authorities for imported machinery and electrical products at various levels shall refuse to handle import formalities.
Article 14 The competent standardization administrative authorities, which perform duties of the standardization administration of imported machinery and electrical products, are responsible for the supervision and inspection standardization administration and mete out punishments over law-breaking activities:
An importer which provides an untrue Application Form of Recordation Filing for Standardization Administration of Machinery and Electrical Products and technical information shall be criticized in a circulated notice; if it has obtained the Recordation Filing Certificate for Standardization Administration, its certificate shall be revoked.
The Recordation Filing Certificate for Standardization Administration of an importer which forges, infringes, tampers with, converts and/or transfers the Recordation Filing Certificate for Standardization Administration shall be confiscated; if a criminal offense has been committed, the case shall be transferred to the judicial authorities.
Article 15 Any administrative authority or staff member, who breaks the law, neglects their duty and/or plays favoritism and commits irregularities, shall be given a disciplinary warning; if a criminal offense has been committed, the criminal responsibilities shall be investigated and handled.
Article 16 The State Bureau of Quality and Technology Supervision shall be responsible for the interpretation of these methods.