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Release details of theRules for the Implementation of the Measures for the Supervision and Administration of Imported Measuring Instruments of the People's Republic of China
Date: December 7, 2020 Tag: Release details of theRules for the Implementation of the Measures for the Supervision and Administration of Imported Measuring Instruments of the People's Republic of China
(Promulgated by Order No. 44 of the State Administration of Technology Supervision on June 24, 1996, amended for the first time in accordance with Order No. 166 of the General Administration of Quality Supervision, Inspection and Quarantine on August 25, 2015, amended for the first time in accordance with Order No. 196 of the State Administration for Quality Supervision, Inspection and Quarantine on March 6, 2018, amended for the third time in accordance with Order No. 31 of the State Administration for Market Supervision Order No. 31 on October 23, 2020) 
Chapter I General Provisions  
Article 1 These detailed rules are formulated in accordance with the relevant provisions of the national metrological laws and regulations in order to implement the Measures for the Supervision and Administration of Imported Measuring Instruments of the People's Republic of China and strengthen the supervision and management of imported measuring instruments. 
Article 2 Any unit or individual that imports measuring instruments or that foreign investors or their agents sell measuring instruments in China must abide by the provisions of these rules.  
The Measures for the Supervision and Administration of Imported Measuring Instruments of the People's Republic of China (hereinafter referred to as the "Measures") and these implementation rules include foreign manufacturers and distributors, as well as manufacturers and distributors in Hong Kong, Macao, and Taiwan. 
The foreign agents mentioned in the Measures and these detailed rules include domestic distributors.  
Article 3 The scope of supervision and administration of imported measuring instruments is the measuring instruments in the catalog of the Measuring Instruments Managed by the People's Republic of China according to law, and the scope of imported measuring instruments that must be approved for type is the measuring instruments in the Catalog of Measuring Instruments Subject to Compulsory Management.  
Article 4 The metrological administrative department of the State Council shall exercise unified supervision and administration over imported measuring instruments throughout the country.  
The metrological administrative departments of the governments at or above the county level shall supervise and administer the imported measuring instruments within their respective administrative areas according to law.  
Article 5 The administrative organs for the import of mechanical and electrical products of various regions and departments and the customs and other departments shall, within the scope of their respective functions and duties, exercise control over the import of measuring instruments.  
Chapter II Type Approval  
Article 6 An application for type approval shall be filed with the metrological administrative department under the State Council for the import or sale within the territory of China of measuring instruments listed in the Catalog of Measuring Instruments Subject to Compulsory Administration. Those without type approval shall not be imported or sold.  
Type approval includes measurement legal review and pattern evaluation.  
Article 7 The type approval of imported measuring instruments shall be applied by foreign investors.  
The type approval of imported measuring instruments sold by foreign investors or their agents in China shall be handled by foreign investors or their agents.  
Article 8 When applying to the metrological administrative department of the State Council for type approval, foreign businessmen or their agents must submit the following application materials:  
(1) Application for type approval;  
(2) Photos of measuring instrument prototype;  
(3) Technical specification of measuring instruments (including Chinese description).  
Article 9 The metrological administrative department of the State Council shall complete the metrological legal review of the application materials for type approval within 15 days. The main contents of the review are as follows:  
(1) Whether to adopt the legal unit of measurement in China;  
(2) Whether it is a measuring instrument prohibited by the State Council;  
(3) Whether it meets other requirements of China's measurement laws and regulations.  
Article 10 After the metrological administrative department of the State Council has passed the metrological legal examination, it shall determine the specifications and quantity of the appraisal prototype, entrust the technical institution to carry out the pattern evaluation, and notify the foreign businessmen or their agents to provide the technical institution with the test prototype and the following technical materials within the agreed time:  
(1) Technical description;  
(2) General assembly drawing, main structure drawing and circuit diagram;  
(3) Technical standard documents and inspection methods;  
(4) Prototype test report;  
(5) Safety assurance instructions;  
(6) Operation manual;  
(7) Provide the location description of the mark for verification and lead seal.  
Article 11 The sample machines provided by foreign businessmen or their agents for pattern evaluation shall be inspected and released by the Customs upon receipt of a deposit equivalent to the tax or on the strength of the letter of guarantee issued by the metrological administrative department of the State Council, and the customs duties shall be exempted.  
Article 12 The technical institutions undertaking pattern evaluation shall return the prototype to the foreign businessmen or their agents within the guarantee period limited by the customs, and supervise the customs clearance procedures.  
Article 13 Pattern evaluation shall be conducted in accordance with the evaluation outline.  The evaluation outline shall be formulated by the technical institution undertaking the pattern evaluation in accordance with the relevant national metrological verification regulations, metrological technical specifications or with reference to the international recommendations of the international organization for metrology under international law (hereinafter referred to as the international recommendations).  
In the absence of relevant national metrological verification regulations, metrological technical specifications or international suggestions, they may be formulated in accordance with the relevant requirements of the contract or explicit technical indicators.  
Article 14 The main contents of pattern evaluation include appearance inspection, measurement performance assessment, safety, environmental adaptability, reliability or life test, etc.  
Article 15 The pattern evaluation shall be completed within three months after the receipt of the prototype. If the time limit needs to be extended due to special circumstances, it shall be submitted to the metrological administrative department of the State Council for approval. 
Article 16 The technical institution undertaking pattern evaluation shall, after the completion of the test, submit the Notification of Finalized Pattern Evaluation Results, the Appraisal Outline and the Registration Form for Pattern Evaluation of Measuring Instruments in duplicate to the metrological administrative department of the State Council for examination and verification.  
The technical institution undertaking pattern evaluation shall retain complete original data of pattern evaluation for five years.  
Article 17 If the pattern evaluation is qualified, the metrological administrative department of the State Council shall issue the certificate of type approval of imported measuring instruments of the people's Republic of China to the foreign investors or their agents who apply for type approval, and allow them to use the marks and numbers of type approval of imported measuring instruments on the corresponding measuring instrument products and packages.  
In case of disqualification in the examination of pattern evaluation, the metrological administrative department of the State Council shall put forward written opinions and notify the applicant.  
Article 18 An application for provisional type approval may be made under any of the following circumstances:  
(1) Be in urgent need;  
(2) Small sales volume;  
(3) No capability of pattern evaluation in China;  
(4) Reserved for purchase in the exhibition;  
(5) Other special needs.  
Article 19 Foreign investors or their agents applying for temporary type approval listed in items (1), (2), (3) and (5) of Article 18 shall submit the application form for temporary type approval of imported measuring instruments and the application materials listed in Article 8 to the metrological administrative department of the State Council or the metrological administrative department of the local government entrusted by them.  
Foreign investors or their agents applying for temporary type approval listed in Item (4) of Article 18 shall submit the application form for temporary type approval of imported measuring instruments and the application materials listed in Article 8 to the metrological administrative department of the local provincial government or the metrological administrative department of the local government entrusted by them.  
Article 20 The metrological administrative department of the government, which has the right to apply for the provisional type approval certificate, shall conduct metrological legal examination on the application materials submitted for the provisional type approval, and may arrange technical institutions to carry out verification.  
Article 21 If the provisional type approval examination is qualified, the metrological administrative department of the State Council shall issue the Provisional Type Approval Certificate for Imported Measuring Instruments of the People's Republic of China; if it is reserved for exhibition, the provincial government measurement administrative department shall issue the Temporary Type Approval Certificate for Imported Measuring Instruments of the People's Republic of China. 
The provisional type approval certificate shall indicate the number of approvals and the period of validity.  
Article 22 The technical institutions responsible for the pattern evaluation of imported measuring instruments must pass the metrological examination and be authorized by the metrological administrative department under the State Council before they can start their work.  
Article 23 The technical institutions and their staff responsible for the pattern evaluation of imported measuring instruments shall keep the technical data and prototype provided by the applicant confidential.  
Personnel participating in the pattern evaluation shall not directly engage in the technical consultation and development of the same products as the projects they undertake.  
Article 24 After the type approval of imported measuring instruments, the metrological administrative department under the State Council shall publish them.  
Chapter III Legal Liability  
Article 25 Whoever, in violation of the provisions, imports or sells measuring instruments with illegal units of measurement shall be punished by the metrological administrative department of the government at or above the county level in accordance with the Rules for the Implementation of the Metrology Law of the People's Republic of China.  
Article 26 Whoever imports or sells measuring instruments without type approval by the metrological administrative department of the State Council shall be punished by the metrological administrative department of the government at or above the county level in accordance with the provisions of the measures of the people's Republic of China for the supervision and administration of imported measuring instruments.  
Article 27 Where the technical institutions and their staff members undertaking the pattern evaluation of imported measuring instruments violate the provisions of these rules and cause losses to the applicant, they shall, in accordance with the relevant provisions of the state, compensate the applicant for the losses and give administrative sanctions to the persons directly responsible; if a crime is constituted, criminal responsibility shall be investigated according to law.  
Chapter IV Supplementary Provisions  
Article 28 The metrological administrative department of the government at or above the provincial level shall supervise and administer the technical institutions undertaking the pattern evaluation of imported measuring instruments.  
Article 29 The applicant shall pay fees in accordance with the relevant provisions of the State in applying for the type approval and pattern evaluation of imported measuring instruments. 
Article 30 The management of standard substances imported for uniform quantity value shall be carried out with reference to the present detailed rules. 
Article 31 The State Administration for Market Regulation is responsible for the interpretation of these detailed rules. 
Article 32 These detailed rules shall come into force as of the date of promulgation.
 

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