MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE SUPERVISION ANDADMINISTRATION OF IMPORTED INSTRUMENTS OF MEASUREMENT

MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE SUPERVISION ANDADMINISTRATION OF IMPORTED INSTRUMENTS OF MEASUREMENT Important Notice: This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE SUPERVISION AND ADMINISTRATION OF IMPORTED INSTRUMENTS OF MEASUREMENT (Approved by the State Council on October 11, 1989 and promulgated by the Decree No. 3 of the State Bureau of Technology Supervision on November 4, 1989) Chapter I General Provisions Article 1 These Measures are formulated, in accordance with the pertinent stipulations of the Metrology Law of the People's Republic of China and the Rules for the Implementation of the Metrology Law of the People's Republic of China, for the purpose of strengthening the supervision over the administration of imported instruments of measurement.

Article 2 Any units and individuals that are engaged in the importation of instruments of measurement and any foreign businessmen (including foreign manufacturers, salesmen, the same hereinafter) or their agents who are engaged in the sales of instruments of measurement in China must abide by these Measures.

Article 3 The competent administrative department under the State Council shall be responsible for the supervision over and administration of imported instruments of measurement. The departments concerned under the State Council and in the local governments shall be responsible for the actual implementation in keeping with the division of responsibility.

Chapter II Model Approval of Imported Instruments of Measurement Article 4 Anyone who wants to import the instruments of measurement listed in the Catalogue of Model Examination of the People's Republic of China for Imported Instruments of Measurement attached to these Measures or any foreign businessman who wants to sell these instruments in China must apply to the competent department in charge of measurement under the State Council for model approval.

Applications for model approval for imported instruments should be submitted by foreign businessmen.

Applications for model approval for instruments sold by foreign businessmen in China should be submitted by the foreign businessmen or their agents.

The competent department in charge of measurement under the State Council may, according to changes of circumstances, make minor adjustments of the Catalogue of Model Examination of the People's Republic of China for Imported Instruments of Measurement.

Article 5 In applying for model approval, foreign businessmen or their agents must submit model approval application, photographs or the sample instruments and necessary technical data to the competent department in charge of measurement under the State Council. The competent department under the State Council shall conduct examination of the materials submitted by foreign businessmen or their agents according to the relevant provisions of the measurement law and regulations.

Article 6 After receiving applications, the competent department under the State Council shall arrange for an authorized technical agency to conduct design appraisement and inform the foreign businessmen or their agents that they should provide the technical agency with sample instruments and the following technical data: (1) the technical manuals of the instruments; (2) the assembly diagrams, structural drawings and circuit diagrams of the instruments; (3) the documents of technical standards and the methods for examination; (4) the testing reports on the sample instruments; (5) the operation instructions.

The sample instruments needed in the design appraisement should be provided free of charge by the foreign businessmen or their agents.

Customs authorities shall inspect and release the instruments on the strength of the letters of guarantee issued by the competent department in charge of measurement under the State Council and shall impose no customs duties. The sample instruments shall be returned to the applicants after the appraisements.

Article 7 Design appraisement shall be conducted in accordance with the requirements laid down in the appraisement outline which is drawn up by the technical agency responsible for the appraisement according to the Technical Specifications of Design Appraisement for Instruments of Measurement issued by the competent administrative department under the State Council.

Its main content includes inspection of the exterior assessment of measurement functions, safety, adaptability to environment, reliability and service life.

Article 8 The results of the design appraisement shall be reported by the technical agency responsible for the appraisement to the competent administrative department under the State Council for verification. Those applicants whose instruments have passed such examination and verification shall be issued with the Certificate of Approval of the People's Republic of China for Designs of Imported Instruments of Measurement by the competent administrative department under the State Council and shall be allowed to use the marks and serial numbers of the People's Republic of China for design approval on the corresponding instruments and their packages.

Article 9 The technical agencies responsible for design appraisement and their personnel must keep secret the technical data provided by applicants.

Article 10 Applications for temporary model approvals for instruments, which fall into any of the following categories, can be made with prior consent of the competent administrative department under the State Council, which shall stipulate the relevant procedures: (1) those instruments reserved for sale after exhibitions; (2) those instruments which are indeed urgently needed; (3) those instruments whose sales volume is extremely small; (4) those instruments for which China is incapable of carrying out design appraisement for the time being.

Article 11 Those instruments of measurement produced in foreign countries which have obtained design approvals in our country shall be made public by the competent department under the State Council.

Chapter III Examination and Approval of Imported Instruments of Measurement Article 12 Applications to import instruments of measurement must be examined and approved according to the procedures stipulated by the state concerning imported commodities. The relevant competent administrative departments for examination and approval and the special departments in charge of examination shall conduct examination of official measures for instruments of measurement to be imported, which are listed in the Catalogue of the People's Republic of China Concerning Instruments of Measurement Controlled by Law and must ensure that the instruments of measurement to be imported according to the provisions of Article 4 of these Measures pass model approval. If the relevant instruments fail to pass the examination, the departments responsible for examination and approval may not approve of import of them and foreign trade departments may not order the goods.

The Customs shall inspect and release imported instruments of measurement on the strength of the documents of approval issued by the department responsible for examination and approval.

Article 13 Applications, as required by special needs, to import instruments of non- official measures or those instruments which have been prohibited by the State Council must be subject to approval of the administrative department for measurement under the State Council.

Article 14 The units which apply to import instruments of non-official measures or those instruments which have been prohibited by the State Council should provide the following materials and documents to the administrative department for measurement under the State Council: (1) applications; (2) the functions and technical standards of the instruments; (3) the photographs and operation instructions of the instruments; (4) the documents of approval issued by the competent authorities above the applying units.

Chapter IV Examination and Determination of Imported Instruments of Measurement Article 15 Those units which import, for sale on the domestic market, instruments as listed in the Catalogue of the People's Republic of China Concerning the Instruments of Measurement Controlled by Law must, after the inspection and release by the Customs, apply for examination and determination to the administrative departments for measurement in the people's governments of their respective provinces, autonomous regions or municipalities directly under the Central Government. If it cannot be done locally, they may apply to the administrative department for measurement under the State Council for examination and determination.

Article 16 The government administrative departments for measurement which deal with applications for examination and determination of imported instruments of measurement shall appoint agencies for prompt measurement examination and determination. If the instruments pass the examination and determination, the government administrative departments shall issue certificates of examination and determination and certificates of quality or affix stamps and allow their sales.

Article 17 The units ordering such instruments shall report the result of examination and determination to the local commodity inspection agencies. In case the instruments fail to pass the examination and determination and therefore give rise to the necessity to claim compensation from foreign suppliers, the units should apply in time to the local commodity inspection agencies for re-inspection certificates.

Article 18 Those instruments of measurement which are imported for purposes other than sales shall be dealt with according to the measures stipulated by the State concerning inspection of ordinary imported commodities.

Chapter V Legal Liability Article 19 Those who violate the provisions of these Measures by importing instruments of measurement of non-official measures or other instruments prohibited by the State Council shall be investigated for legal liabilities in accordance with the provisions of Article 44 of the Rules for the Implementation of the Metrology Law of the People's Republic of China.

Article 20 Those who import and sell the instruments of measurements which have not been examined and determined by the agencies for measurement examination and determination designated by the administrative departments in charge of measurement in the people's governments above provincial level shall be investigated for legal liabilities in accordance with the provisions of Article 50 of the Rules for the Implementation of the Metrology Law of the People's Republic of China.

Article 21 If anyone or any units violate the provisions of Article 4 of these Measures by importing or selling those instruments of measurement which have not obtained the model approval by the administrative department for measurement under the State Council, the administrative departments in charge of measurement have the right to seal up their instruments, order them to go through the formalities for model approval and may also impose a fine of less than 30% of the import volume or the sales volume.

Article 22 Technical agencies responsible for design appraisement for imported instruments of measurement that have violated the provisions of Article 9 of these Measures shall be investigated for legal liabilities in accordance with the provisions of Article 58 of the Rules for the Implementation of the Metrology Law of the People's Republic of China.

Chapter VI Supplementary Provisions Article 23 The supervision over and administration of the instruments of measurement which form a part of complete sets of equipment introduced from abroad and the instruments imported for purposes other than sale on the domestic market shall be conducted according to the relevant stipulations of the state.

Article 24 The applications, certificates and types of marks related to these Measures shall all be formulated by the competent department under the State Council.

Article 25 Fees for model approval, design appraisement and measurement examination and determination for imported instruments of measurement should be paid in accordance with the relevant stipulations of the state.

Article 26 The supervision over and administration of imported standard substances used in unifying measure values may be conducted with reference to these Measures.

Article 27 These Measures shall be interpreted by the administrative department for measurement under the State Council.

Article 28 These Measures shall go into effect as of the date of promulgation.

Appendix: The Catalogue of Model Examination of the People's Republic of China for Imported Instruments of Measurement: 1. Weighing apparatus (including scales); 2. Sensors; 3. Sound meters; 4. Surveying machines with three coordinates; 5. Surveying instruments for roughness of surface; 6. Geodesic instruments; 7. Calorimeters; 8. Flowmeters (including water meters and gas meters); 9. Pressure gauges (including sphygmomanometers); 10. Thermometers; 11. Digital voltmeters; 12. Field intensity meters; 13. Electrocardiographs and electroencephalographs; 14. Monitors for toxic gases, dust and water pollution; 15. Ionospheric radiation protectors; 16. Spectrometers (including meters for ultraviolet rays, infrared rays and visible lights); 17. Gaseous phase and liquid phase chromatographs; 18. Instruments for measuring temperature and moisture content.

the People's Republic of China Concerning the Instruments of Measurement Controlled by Law must, after the inspection and release by the Customs, apply for examination and determination to the administrative departments for measurement in the people's governments of their respective provinces, autonomous regions or municipalities directly under the Central Government. If it cannot be done locally, they may apply to the administrative department for measurement under the State Council for examination and determination.

Article 16 The government administrative departments for measurement which deal with applications for examination and determination of imported instruments of measurement shall appoint agencies for prompt measurement examination and determination. If the instruments pass the examination and determination, the government administrative departments shall issue certificates of examination and determination and certificates of quality or affix stamps and allow their sales.

Article 17 The units ordering such instruments shall report the result of examination and determination to the local commodity inspection agencies. In case the instruments fail to pass the examination and determination and therefore give rise to the necessity to claim compensation from foreign suppliers, the units should apply in time to the local commodity inspection agencies for re-inspection certificates.

Article 18 Those instruments of measurement which are imported for purposes other than sales shall be dealt with according to the measures stipulated by the State concerning inspection of ordinary imported commodities.

Chapter V Legal Liability Article 19 Those who violate the provisions of these Measures by importing instruments of measurement of non-official measures or other instruments prohibited by the State Council shall be investigated for legal liabilities in accordance with the provisions of Article 44 of the Rules for the Implementation of the Metrology Law of the People's Republic of China.

Article 20 Those who import and sell the instruments of measurements which have not been examined and determined by the agencies for measurement examination and determination designated by the administrative departments in charge of measurement in the people's governments above provincial level shall be investigated for legal liabilities in accordance with the provisions of Article 50 of the Rules for the Implementation of the Metrology Law of the People's Republic of China.

Article 21 If anyone or any units violate the provisions of Article 4 of these Measures by importing or selling those instruments of measurement which have not obtained the model approval by the administrative department for measurement under the State Council, the administrative departments in charge of measurement have the right to seal up their instruments, order them to go through the formalities for model approval and may also impose a fine of less than 30% of the import volume or the sales volume.

Article 22 Technical agencies responsible for design appraisement for imported instruments of measurement that have violated the provisions of Article 9 of these Measures shall be investigated for legal liabilities in accordance with the provisions of Article 58 of the Rules for the Implementation of the Metrology Law of the People's Republic of China.

Chapter VI Supplementary Provisions Article 23 The supervision over and administration of the instruments of measurement which form a part of complete sets of equipment introduced from abroad and the instruments imported for purposes other than sale on the domestic market shall be conducted according to the relevant stipulations of the state.

Article 24 The applications, certificates and types of marks related to these Measures shall all be formulated by the competent department under the State Council.

Article 25 Fees for model approval, design appraisement and measurement examination and determination for imported instruments of measurement should be paid in accordance with the relevant stipulations of the state.

Article 26 The supervision over and administration of imported standard substances used in unifying measure values may be conducted with reference to these Measures.

Article 27 These Measures shall be interpreted by the administrative department for measurement under the State Council.

Article 28 These Measures shall go into effect as of the date of promulgation.

Appendix: The Catalogue of Model Examination of the People's Republic of China for Imported Instruments of Measurement: 1. Weighing apparatus (including scales); 2. Sensors; 3. Sound meters; 4. Surveying machines with three coordinates; 5. Surveying instruments for roughness of surface; 6. Geodesic instruments; 7. Calorimeters; 8. Flowmeters (including water meters and gas meters); 9. Pressure gauges (including sphygmomanometers); 10. Thermometers; 11. Digital voltmeters; 12. Field intensity meters; 13. Electrocardiographs and electroencephalographs; 14. Monitors for toxic gases, dust and water pollution; 15. Ionospheric radiation protectors; 16. Spectrometers (including meters for ultraviolet rays, infrared rays and visible lights); 17. Gaseous phase and liquid phase chromatographs; 18. Instruments for measuring temperature and moisture content.