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机电产品进口管理暂行办法 INTERIM MEASURES FOR IMPORT ADMINISTRATION OF MACHINERY AND ELECTRONICS PRODUCTS

2006-05-17 09:57   我要纠错 | 打印 | 收藏 | | |

国函(1993)135号
(Approved by the State Council on September 22, 1993 and promulgated in Order No. 1 by the State Economic and Trade Commission and Ministry of Foreign Trade and Economic Cooperation on October 7, 1993)
颁布日期:19931007  实施日期:19940101  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Measures are formulated with a view to meeting the needs of development of the socialist market economy, implementing the industrial policy of the State, introducing actively the advanced technical equipment from abroad and adjusting rationally the import structure.

  Article 2 For the purpose of these Interim Measures, the machinery and electronics products refer to machinery equipment, electronics products and their parts and components.

  Article 3 All enterprises, institutions, organs and organizations (hereinafter referred to as unit), when importing machinery and electronics products, shall abide by these Measures.

  Article 4 The State encourages the import of advanced technical equipment, high-tech products and discourages the import of general processing equipment and high-grade consumer goods, and the State prohibits the import of the machinery and electronics products which will jeopardize the state security and physical and mental health of the citizens.

  Article 5 Importation of machinery and electronics products must accord with the technical standards for safety and environment protection acknowledged internationally or bilaterally (between China and the country of origin), and certificate of product safety and environment protection shall be provided by the internationally or bilaterally-designated institutions.

  Article 6 The State shall provide macro guidance on the general scale of annual imports of machinery and electronics products, on the basis of the need of the development of national economy, and capability of payment in foreign exchange, in accordance with the principle of basic balance on import and export.

  Article 7 The State Office for Import and Export of Machinery and Electronics Products (hereinafter referred to as SOIEMEP), under the State Economic and Trade Commission, is established to take the responsibility for coordination, administration, inspection and supervision of national import of machinery and electronics products.

  Under the guidance of SOIEMEP, the People's Governments of provinces, autonomous regions, municipalities directly under the Central Government, cities on the separate planning list, coastal open cities, special economic zones and administrative authorities designated by the relevant departments of the State Council, take the responsibility for the import administration of machinery and electronics products in their own areas and departments.

  Article 8 The State implements its import administration of machinery and electronics products through the system of quotas and non-quotas.

  Chapter II Quota Administration

  Article 9 In accordance with the state industrial policy and the sectional development programme and taking into account the international practice, the state shall exercise administration through quotas for the machinery and electronics products contained in the list of quota administrated machinery and electronics products, which, in proper amount of importation, will help adjust the supply situation in the market and which, in excessive importation will cause substantial damage to relevant domestic industry, or which have direct adverse impact on the structure of imports and the adjustment of structure of industries and which will endanger the situation of balance of payments of the state foreign exchange.

  Article 10 There are 18 kinds of machinery and electronics products subject to import quotas (See the Appendix)。 In order to meet the requirement of state industrial development and import policy, the State Economic and Trade Commission, with other departments concerned, shall submit to the State Council suggestions on the adjustment of the items of imported quota-administrated machinery and electronics products. The suggestions shall be made public for implementation with approval of the State Council.

  Article 11 The annual quotas for the machinery and electronics goods subject to import quotas shall be finalized with approval of the State Council and SOIEMEP is responsible for allocation of the quotas. The detailed rules shall be formulated by SOIEMEP separately.

  Article 12 The entity importing the machinery and electronics product subject to import quotas is required to fill in the application form for importing machinery and electronics products and produce relevant documents and explanation to the administrative authorities for imports of machinery and electronics products of its own locality or its own departments. The authorities shall forward them to SOIEMEP for ratification and the issuance of quota certificate.

  Article 13 The import entity can apply for the import licence from MOFTEC, with the quota certificate issued by SOIEMEP. The customs shall examine and release the products on the presentation of the import licence.

  Article 14 When importing parts and components of the machinery and electronics products subject to quotas, if the total value of each set reaches 60% or above of the value of the complete set of the same model, they shall be regarded as complete sets and treated in accordance with the regulations of the import quota administration of machinery and electronics products.

  Chapter III Non-Quota Administration

  Article 15 Other machinery and electronics products which are not subject to import quotas, are under the non-quota administration. For the products which have been developed domestically or those which are still at the initial stage of production with the introduced technology and acceleration of development is needed, they are listed in the specific product schedule for open tender. SOIEMEP shall issue certificate of import in accordance with the outcome of the bidding, and the customs shall release the products on the presentation of the certificate. Other machinery and electronics products subject to non-quota administration shall fall into the category of automatic registration.

  Article 16 The schedule of the specific products and the detailed rules for administration of the products contained in the schedule shall be established by the State Economic and Trade Commission, together with MOFTEC and other departments concerned and submitted to the State Council and shall be published for implementation after approval by the State Council.

  Article 17 The administrative authorities of the regions and departments for the import of machinery and electronics products are authorized to exercise administration on registration of machinery and electronics products subject to non-quota administration. The import entity shall obtain the application form in the import administration of machinery and electronics products of its region or its own departments and fill in the forms with the items, quantity, amount of value and country, etc. The above-mentioned administrations can reject the registration under one of the following circumstances: 1. the import of the products is prohibited by the State; 2. the import of the products does not accord with the bilateral or multilateral trade agreements; 3. the import of the products jeopardizes the national security and physical and mental health of the citizens. If within 10 days, the above-mentioned administrative authorities for import of machinery and electronics products do not reject, it shall be regarded as registered automatically.

  Article 18 With regard to the machinery and electronics products under non-quota administration subject to automatic registration, the customs shall release the products on the presentation of document of registration.

  Chapter IV Supervision and Safeguard

  Article 19 Import certificate (including quota certificate, Ibid.) is valid for one year. For Import products which are not delivered for justified reasons in the period of validity, the importer may apply to the original certificate-issuing department for extension of validity period.

  Article 20 For machinery and electronics products required of import certificate according to the provisions of these Measures, contracts shall only be signed after the obtaining of the import certificate.

  Article 21 Import Administrations in various regions, and departments shall report import statistics data of its region or department in compliance with the State Statistical system and report timely to the competent department of the state on the situation of the import regulation of its region and department.

  Article 22 When there is a sharp increase of the import of a particular kind of machinery and electronics products which results in substantial damage or threat of substantial damage to domestic industry of like kind or the interests of domestic producers of like products, SOIEMEP and other departments concerned shall adopt necessary measures to eliminate or alleviate the damage or threat according to relevant laws and regulations and judicial procedures.

  Chapter V Legal Responsibility

  Article 23 Import unit falling into one of the following situations shall be regarded as violating these Measures:

  1. signing contracts with overseas parties and arrival of goods (AOG) without obtaining import certificate according to the provisions of these Measures;

  2. unauthorized alteration and forgery of the import certification;

  3. deliberate evasion of supervision by dividing the imported machinery and electronics products into parts and parcel, sub signing the contracts or arranging sub shipment and dispersed import;

  4. unauthorized transfer and selling of import certificate;

  5. violation of the Interim Regulations of the People's Republic of China on the Licencing System for Import Commodities;

  6. failure to make declaration and obtain registration in accordance with the regulation.

  Article 24 Violation of the provisions of these Measures shall be dealt with by the Customs Administration according to the Customs Law of the People's Republic of China and the Detailed Provisions for Implementation of the Customs Administrative Penalty. Cases of serious violation of the law shall be referred to judicial authorities for criminal responsibility.

  Article 25 Persons in charge of import regulation, if found guilty of neglecting duty, malpractice for personal gains and abusing power, shall be given administrative punishment by the supervision department according to the seriousness of the wrong doing. Persons in violation of the law shall be sued for criminal responsibility.

  Chapter VI Supplementary Provisions

  Article 26 Machinery and electronics products used as form of investment by foreign invested enterprises and imported for their own use shall be handled by the current state laws and regulations on foreign investment.

  Parts and components of machinery and electronics products that are to be imported by the foreign invested enterprises for the production of products sold domestically shall be handled according to these Measures.

  Article 27 For materials imported from abroad and imported materials for processing directly used for production of machinery and electronics products and parts and components for the purpose of re export or export, the customs administration shall supervise over them.

  Machinery and electronics equipment for production under projects using materials imported from abroad and imported materials for processing shall be handled according to these Measures.

  Article 28 Machinery and electronics products to be imported for lease and compensation trade shall be processed in accordance with the provisions of these Measures.

  Article 29 Machinery and electronics products to be imported as donations by overseas Chinese, compatriots from Hongkong, Macao and Taiwan shall be handled according to the Provisions Concerning the Administration of Imported Goods and Materials Donated by Overseas Chinese, Compatriots from Hongkong, Macao and Taiwan and other relevant regulations.

  Article 30 Import of in-quota machinery and electronics products using grants by foreign governments and international organizations shall be dealt with in accordance with Article 12 of these Measures.

  Article 31 Machinery and electronics products presented as gifts in economic and trade relations, sent back by the Chinese institutions abroad and from construction sites abroad shall be regarded as usual import, therefore subject to the provisions of these Measures.

  Article 32 The State Economic and Trade Commission (the SOIEMEP) shall be responsible for the interpretation and implementation of these Measures.

  Article 33 Existing regulations not in consistence with the provisions of these Measures are hereby superseded. These Measures shall enter into force on January 1, 1994.

  Appendix: List of Products Subject to Quotas

  1. Automobiles Include chassis, motors, drives and bodies (or driver's cabs)。

  2. Motorcycles and their motors and frames

  3. Color televisions and picture tubes

  4. Computers and their accessories Include programmable computers, central processing units, soft and hard disk drives (or drive mechanisms), printers, monitors or terminals and tape machines.

  5. Audio recorders and their components Include radio recorders, recording and playback machines, component stereo systems and car radio players.

  6. Refrigerators and their compressors

  7. Washing machines

  8. Video equipment Include video recording and playback devices, hand-held video cameras and their components, magnetic heads and magnetic drums.

  9. Photographic cameras and camera bodies

  10. Wristwatches Include quartz watches and mechanical watches.

  11. Air conditioners and their compressors Includes indoor air conditioners (such as window-mounted, free- standing, wall-mounted, and suspended), automotive air conditioners and aviation air conditioners.

  12. Photocopiers

  13. Audio or video tape dubbing equipment

  14. Automotive hoisting machinery and their chassis

  15. Imaging devices Includes X-ray imaging devices (CT) and magnetic resonance imaging devices (MRI)。

  16. Electron microscopes

  17. Open-end spinning frames 18. Electron color scanners

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