中華人民共和國進(jìn)口計(jì)量器具監(jiān)督管理辦法
發(fā) 文 號(hào):國家技術(shù)監(jiān)督局令第三號(hào)
發(fā)布單位:國家技術(shù)監(jiān)督局令第三號(hào)
, safety, adaptability to environment, reliabilityand service life.Article 8The results of the design appraisement shall be reported by the technicalagency responsible for the appraisement to the competent administrativedepartment under the State Council for verification. Those applicantswhose instruments have passed such examination and verification shall beissued with the Certificate of Approval of the People's Republic of Chinafor Designs of Imported Instruments of Measurement by the competentadministrative department under the State Council and shall be allowed touse the marks and serial numbers of the People's Republic of China fordesign approval on the corresponding instruments and their packages.Article 9The technical agencies responsible for design appraisement and theirpersonnel must keep secret the technical data provided by applicants.Article 10Applications for temporary model approvals for instruments, which fallinto any of the following categories, can be made with prior consent ofthe competent administrative department under the State Council, whichshall 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 designappraisement for the time being.Article 11Those instruments of measurement produced in foreign countries which haveobtained design approvals in our country shall be made public by thecompetent department under the State Council.
【章名】Chapter III Examination and Approval of Imported Instruments of Measurement
Article 12Applications to import instruments of measurement must be examined andapproved according to the procedures stipulated by the state concerningimported commodities. The relevant competent administrative departmentsfor examination and approval and the special departments in charge ofexamination shall conduct examination of official measures for instrumentsof measurement to be imported, which are listed in the Catalogue of thePeople's Republic of China Concerning Instruments of MeasurementControlled by Law and must ensure that the instruments of measurement tobe imported according to the provisions of Article 4 of these Measurespass model approval. If the relevant instruments fail to pass theexamination, the departments responsible for examination and approval maynot approve of import of them and foreign trade departments may not orderthe goods.The Customs shall inspect and release imported instruments of measurementon the strength of the documents of approval issued by the departmentresponsible for examination and approval.Article 13Applications, as required by special needs, to import instruments of non-official measures or those instruments which have been prohibited by theState Council must be subject to approval of the administrative departmentfor measurement under the State Council.Article 14The units which apply to import instruments of non-official measures orthose instruments which have been prohibited by the State Council shouldprovide the following materials and documents to the administrativedepartment 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 abovethe applying units.
【章名】Chapter IV Examination and Determination of Imported Instruments of Measurement
Article 15Those units which import, for sale on the domestic market, instruments aslisted in the Catalogue of the People's Republic of China Concerning theInstruments of Measurement Controlled by Law must, after the inspectionand release by the Customs, apply for examination and determination to theadministrative departments for measurement in the people's governments oftheir respective provinces, autonomous regions or municipalities directlyunder the Central Government. If it cannot be done locally, they may applyto the administrative department for measurement under the State Councilfor examination and determination.Article 16The government administrative departments for measurement which deal withapplications for examination and determination of imported instruments ofmeasurement shall appoint agencies for prompt measurement examination anddetermination. If the instruments pass the examination and determination,the government administrative departments shall issue certificates ofexamination and determination and certificates of quality or affix stampsand allow their sales.Article 17The units ordering such instruments shall report the result of examinationand determination to the local commodity inspection agencies. In case theinstruments fail to pass the examination and determination and thereforegive rise to the necessity to claim compensation from foreign suppliers,the units should apply in time to the local commodity inspection agenciesfor re-inspection certificates.Article 18Those instruments of measurement which are imported for purposes otherthan sales shall be dealt with according to the measures stipulated by theState concerning inspection of ordinary imported commodities.
【章名】Chapter V Legal Liability
Article 19Those who violate the provisions of these Measures by importinginstruments of measurement of non-official measures or other instrumentsprohibited by the State Council shall be investigated for legalliabilities in accordance with the provisions of Article 44 of the Rulesfor the Implementation of the Metrology Law of the People's Republic ofChina.Article 20Those who import and sell the instruments of measurements which have notbeen examined and determined by the agencies for measurement examinationand determination designated by the administrative departments in chargeof measurement in the people's governments above provincial level shall beinvestigated for legal liabilities in accordance with the provisions ofArticle 50 of the Rules for the Implementation of the Metrology Law of thePeople's Republic of China.Article 21If anyone or any units violate the provisions of Article 4 of theseMeasures by importing or selling those instruments of measurement whichhave not obtained the model approval by the administrative department formeasurement under the State Council, the administrative departments incharge of measurement have the right to seal up their instruments, orderthem to go through the formalities for model approval and may also imposea fine of less than 30% of the import volume or the sales volume.Article 22Technical agencies responsible for design appraisement for importedinstruments of measurement that have violated the provisions of Article 9of these Measures shall be investigated for legal liabilities inaccordance with the provisions of Article 58 of the Rules for theImplementation of the Metrology Law of the People's Republic of China.
【章名】Chapter VI Supplementary Provisions
Article 23The supervision over and administration of the instruments of measurementwhich form a part of complete sets of equipment introduced from abroad andthe instruments imported for purposes other than sale on the domesticmarket shall be conducted according to the relevant stipulations of thestate.Article 24The applications, certificates and types of marks related to theseMeasures shall all be formulated by the competent department under theState Council.Article 25Fees for model approval, design appraisement and measurement examinationand determination for imported instruments of measurement should be paidin accordance with the relevant stipulations of the state.Article 26The supervision over and administration of imported standard substancesused in unifying measure values may be conducted with reference to theseMeasures.Article 27These Measures shal