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Supervision and Administration of imported measuring instruments implementation details

                                                      Date:2006-10-20

People's Republic of supervision and management of imported measuring instruments implementation details

Chapter I General Provisions

In order to implement the first "People's Republic of imported measurement instruments supervision and management methods" to strengthen the supervision and management of imported measuring instruments, in accordance with national laws and measures, and regulations of the relevant provisions, develop the implementation details.

Article No unit or individual imported measuring instruments, or their agents and foreign sales of measuring instruments in China must comply with the provisions of the Regulations.

"People's Republic of supervision and management of imported measuring instruments" (hereinafter referred to as the "Rules") and the implementation details of the alleged foreign with foreign manufacturers, distributors, and Hong Kong, Macao and Taiwan manufacturers, distributors.

"Measures" and the implementation details in the alleged foreign agents including domestic distributor.

Article on the supervision and management of the import range of measuring instruments is the "People's Republic of measuring instruments according to the management of the directory" within the measuring instruments, which must apply for type approval of imported measurement instruments in the range "type of review of the PRC imported measurement instruments catalog." the measuring instruments.

Metrological administrative department under the State Council on the implementation of the country's imports of unified supervision and management of measuring instruments.

Government administrative departments above the county level administrative regions of the imported measurement instruments supervision and management according to law.

Article V of the regions and departments of mechanical and electrical products import and customs management and other departments in their respective areas of responsibility for implementation and management of imported measuring instruments.

Chapter type approval

Article the import or sale in China included in the "People's Republic of imported measurement instruments catalog type examination" within the measuring instruments shall be measured to the State Council administrative department to apply for type approval. Without the type-approval may not be imported or sold.

Type approval including legal review and measurement of shape identification.

Article type approval of measuring instruments imported by foreign investors apply.

Foreign investors or their agents to sell imported in China type approval of measuring instruments by foreign investors or their agents apply.

Article VIII, or its agent to foreign metrological administrative department of the State Council approved the application type, application must submit the following information:

(A) type-approval application form (see Appendix 1);

(B) measuring instruments prototype photos;

(C) technical description of measuring instruments (including the Chinese description).

Article IX of the State Council administrative department of the measurement of type-approval application data measured in fifteen days to complete legal review, review the main elements are:

(A) whether the use of our legal units of measurement;

(B) whether it belongs to the State Council banned the use of measuring instruments;

(C) compliance with laws and regulations of China and other measurement requirements.

Article X of the State Council administrative department measured after passing the examination in the measurement of the legal system to determine the size and number of identified prototypes, commissioned a technical institutions shape identification, and inform foreign investors or their agents within the agreed time experimental prototype of the technology sector and provides the following technical data :

(A) technical notes;

(B) the assembly diagram, the main structure diagrams and schematics;

(C) the technical standards documents and test methods;

(D) of the prototype test report;

(E) safety assurance statement;

(F) manual;

(G) to provide certification and seal of the flag description.

Article XI of foreign investors or their agents to provide identification of the required shape prototype, equivalent to the tax collected by the Customs clearance after deposit with the State Council or the executive branch of the bond measure (see Appendix 2), clearance and free tariffs.

Article XII of the technical institutions take shape identification should be limited to ensure that the Customs prototype refund within the time limit and monitor foreign agents, or its customs procedures for withdrawal.

Article XIII of pattern evaluation shall identify the outline. Outline identified by the identification of technical institutions take shape in accordance with relevant verification procedures, measurement specifications, or reference to international legal metrology organizations, international recommendations (hereinafter referred to as international recommendations) development.

No relevant state metrological verification, measurement specifications or international recommendations, in accordance with the relevant requirements of the contract specifications or explicit formulation.

Article XIV stereotypes identified include: visual inspection, measurement of performance assessment and safety, environmental suitability, reliability or life test and other projects.

Article XV pattern evaluation shall be completed within three months after receipt of the prototype, due to special circumstances require an extension of time should be reported to the State metrological administrative department for approval.

Article XVI of the technical institutions take shape identification should be the end of the trial will "shape identification results notice", "Identification Outline" and "shape measuring instruments Registry", measured in duplicate by the State Council administrative department.

Take shape identification technology institutions should keep a complete identification of the original shape data, save a period of five years.

Article XVII of qualified audit shape identification, measurement by the State Council administrative department to apply for type approval of foreign or his agent issued a "People's Republic of imported measuring equipment type approval certificate" (see Appendix 3), and granted in the corresponding measuring instruments and packaging products imported measurement instruments used on type-approval mark and number (see Appendix 4).

Unqualified audit shape identification, measurement by the State Council administrative department and notify the applicant to submit written comments.

Article 18 of the following circumstances, you can apply for provisional type approval:

(A) are indeed urgently needed;

(B) very few sales;

(III) No pattern evaluation capacity;

(D) purchase of the remaining exhibitions;

(E) other special needs.

Apply Article 19 Article 18 (a), (b), (c), (e) above, or temporary foreign type-approval of its agents, shall be measured to the State Council administrative department or its authorized local government measurement of the executive branch to submit the temporary import of the type approval of measuring instruments application form (see Appendix 5) and application information listed in Article 8.

Apply Article 18 (d) above, or temporary foreign type-approval of its agents, should be to the local provincial government administrative department or its authorized local government administrative departments to submit the temporary import of type approval of measuring instruments application form and application information listed in Article 8.

Diershitiao the right to apply for type approval certificate of the temporary government administrative departments to submit applications for approval of a temporary type of legal review of measurement data, technical institutions can arrange for examination.

Article type-approval review of a temporary qualified by the metrological administrative department of the State Council issued "Temporary People's Republic of imported measuring equipment type approval certificate" (see Appendix 6); an exhibition to stay purchased by the provincial government administrative departments awarded "People's Republic of temporary import of measuring equipment type approval certificate."

Interim type approval certificate shall indicate the approval number and expiration date.

Article 22 The import of measuring instruments take shape identified by the measurement of technical institutions must pass the examination and measurement of the administrative departments authorized by the State Council before work.

Article 23 The import of measuring instruments take shape identification of technical agencies and their staff, the applicant shall provide the technical information, prototypes confidential.

Identified to participate in shaping the person not directly involved in the project with the same commitment to product technology consulting and technology development.

Article 24 The imported by the type approval of measuring instruments, measured by the State Council administrative department to the public.

Do not meet the measurement requirements and the technology behind the legal management of the import measuring instruments, metrological administrative department of the State Council the power to repeal the original of the approved type.

Chapter III of the import approval of measuring instruments

Article 25 The application for an import, "People's Republic of measuring instruments according to the management of the directory" listed in the measuring apparatus, where the region should be to import, import of electromechanical products sector management institutions to apply for registration, and provide the legal units of measurement in line with our evidence; application import "type review of the PRC imported measurement instruments directory" listed in the measuring apparatus, should also be provided by the type-approval certificate.

In line with our evidence and the legal units of measurement approved by the type of proof can be measured by government issued the executive branch review.

Article 26 The import of machinery and electronic products do not meet the statutory authority for the unit of measurement or the type approval certificate shall not be approved imports.

Customs with all regions and departments mechanical and electrical products import management agencies to issue the registration form mechanical and electrical products import clearance.

Article 27 do not meet the legal units of measurement or without the type approval of measuring instruments, foreign trade unit can not handle ordering procedures.

Article 28 due to special needs, apply for import of non-statutory units of measurement instruments and the State Department ban on the use of other measuring instruments, measurement must be approved by the State Council administrative department for approval, but not in domestic sales and transfers.

Article 29 apply for the import of non-statutory units of measurement instruments and the State Department ban on the use of other measuring instruments, metrological administrative department of the State Council shall submit the following information and documents:

(A) the reasons for the special needs of the application note the report;

(B) the performance of measuring instruments and technical indicators;

(C) measuring instruments photos and instructions;

(D) units of the higher authorities of the documents of approval.

Chapter IV of the test imported measuring instruments

Article 30 included in the "People's Republic of measuring instruments according to the management of the directory" import measuring instruments, before the sale must be approved by the provincial government administrative departments test. Local can not test, and measurement of the State Council administrative department to apply for certification.

Without the approval of qualified, may not be sold.

第三十一条 apply to import the verification of measuring instruments, should submit the following documents and information:

(A) import certification of measuring instruments application form;

(B) the technical description of measuring instruments (including the Chinese description);

(C) the instruction manual;

(D) included in the "People's Republic of imported measurement instruments catalog type review" of measuring instruments, need to submit the "People's Republic of imported measuring equipment type approval certificate," a copy or proof.

Article 32 verification of measuring instruments accepting applications for imports above the provincial level government administrative departments, shall submit written documentation and data review, only after passing the examination arranged by the test.

Article 33 The import of measuring instruments to undertake verification of the technical agencies must be approved by the provincial government administrative departments above the evaluation.

Article 34 The import of the verification of measuring instruments shall be in accordance with relevant state metrological verification, measurement specifications, or reference to international recommendations. No relevant state metrological verification, measurement specifications or international recommendations, in accordance with the relevant requirements of the contract or to express technical indicators.

Article 35 The import of the verification of measuring instruments including measuring instruments for visual inspection and measurement of performance assessment.

Article 36 The import of measuring instruments to undertake verification of the technical institutions should be certified by the imported measurement instruments test certificate issued by the import, the import of substandard test failure notices issued.

Import test certificate stamped with a notice above the provincial level and failed government administrative departments to effectively seal the import certification approval.

Article 37 The import of measuring instruments to undertake verification of the technical institutions should be retained complete imported measurement instruments test raw data, save for two years or more.

Article 38 Where the certification of imported measuring instruments have objections to the conclusions, should be receiving the certificate or notice of failure within fifteen days from the date of acceptance of the application to the provincial government administrative departments for re-examination.

The provincial government administrative departments have objections to the conclusions of the re-examination, it shall review the results in the receipt of the notice of the State Council within fifteen days from the date of the administrative departments for verification measure.

Metrological administrative department of the State Council's findings as conclusive.

Article 39 The use of imported parts and components assembly of the measuring instruments in domestic sales, it should be to create the provincial government administrative departments for approval; the factory can also test the ability of the provincial government administrative departments for "manufacturing of measuring instruments license ", after evaluation, certification, authorized manufacturers self-certification.

Article 40 not to sell imported for the purpose of measuring instruments, a "People's Republic of mandatory certification of measuring instruments working directory", it should be to the local county government administrative departments designated metrology institutes for compulsory certification; a "Chinese People's Republic of mandatory certification of measuring instruments working directory "outside, should regularly test their own or other metrology institutes to send test, above the county level people's government administrative departments supervise and inspect.

Chapter V Legal Liability

第四十一条 in violation of the rules, import or sale of non-statutory units of measurement instruments or the State Council banned the use of other measuring instruments by the government administrative departments above the county level shall order to stop the import or sale, and forfeiture of all measuring instruments illegal income and impose a considerable 10 percent to their illegal income 50 percent penalty.

Article 42 The import of measuring instruments without the government administrative departments above the provincial level technical agencies entrusted certified by the sales from government administrative departments above the county level shall order to stop the sale, storage of measuring instruments, confiscation of all illegal income and may impose its sales 10 percent to 50 percent of the fine.

Article 43 The import or sale without the approval of the State metrological administrative department of the type of measuring instruments by the government administrative departments above the county level seal the measuring instruments, foreign investors or their agents shall be ordered to go through type approval, and may impose the equivalent of imports sales or 30 percent less fine.

Article 44 The import of measuring instruments take shape identification and verification of technical institutions and their staff, in violation of the provisions of the Regulations, the loss caused to the applicant, it shall be in accordance with relevant state regulations, compensation for loss of application unit, and give direct responsibility personnel administrative sanctions; constitutes a crime shall be investigated for criminal liability.

Chapter VI Supplementary Provisions

Article 45 The import of technology, institutions should implement one by one test measuring instruments, if needed during the claim period to the acceptance certificate of inspection issued by the department, you can press a certain percentage of random sampling, but not less than three prototype extraction, according to the results of grapefruit-like , certifying to the inspection department. After the inspection clearance, other measuring instruments still need to test one by one.

Article 46 The provincial government administrative departments of import measuring instruments take shape identification and verification of imported technology sector supervision and administration.

Article 47 apply to import the type approval of measuring instruments, shape identification and certification of imports shall be paid fees in accordance with relevant state regulations.

Article 48 The import value of the standard material used for unified management, with reference to the implementation of the implementation details.

Article 49 of the Rules for the Implementation of Article 27 provides that the foreign trade departments of the conduct of operations, as imports of behavior for "measures" and the implementation details.

Article 50 These Rules shall be interpreted by the State Bureau of Technical Supervision.

Article 51 These Regulations shall come into force from the date of release.



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