Promulgated by the Ministry of Commerce, the General Administration of Customs and the General Administration of Quality Supervision, Inspection and Quarantine

on April 7, 2008 and effective as of May 1, 2008

Chapter I General Provisions

Article 1 With a view to boost sound development of foreign trade, implement state industrial policies and maintain market order, these Measures are formulated in accordance with relevant laws and administrative regulations including the Foreign Trade Law of the People's Republic of China and the Regulations of the People's Republic of China on the Administration of the Import and Export of Goods.

Article 2 The mechanical and electrical products hereof (including used mechanical and electrical products) refer to mechanical equipment, electric equipment, means of transportation, electronic products, electric appliances, instruments and meters, metal products as well as their components and parts. See appendix for the specific scope of mechanical and electrical products.

The used mechanical and electrical products hereof refer to mechanical and electrical products in any conditions as follows: (1) used (excluding equipment tested and adjusted before use) yet with basic functions and certain use-value; (2) unused yet exceeding the quality guarantee period (not warranty period); (3) unused yet with obviously tangible depreciation of some parts due to long time storage; (4) mixed assembling of new and used parts; (5) with renovation.

Article 3 These Measures shall be applicable to the import of mechanical and electrical products to the People's Republic of China.

Article 4 Import of mechanical and electrical products shall comply with provisions of Chinese laws, administrative regulations and technical standards concerning safety, sanitation and environmental protection, etc.

Article 5 The Ministry of Commerce (hereafter referred as MOFCOM) is responsible for national administration of the import of mechanical and electrical products. The National Office for Import and Export of Mechanical and Electrical Products is set up under the MOFCOM.

Mechanical and electrical import and export offices in all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, open coastal cities and special economic zones as well as those in relevant departments of the State Council (hereafter referred as local and departmental mechanical and electrical offices) are consigned by the MOFCOM to be responsible for the administration of the import of mechanical and electrical products in their areas or departments.

Article 6 The state implements classified administration for mechanical and electrical products, namely, three classes of forbidden import, restrictive import and free import.

For the need of import supervision, some mechanical and electrical products under free import category are subject to automatic import license.

Chapter II Forbidden Import

Article 7 Mechanical and electrical products in any of the following conditions shall be forbidden from import:

(1) Import shall be forbidden for maintenance of state security, social public interests or public morality;

(2) Import shall be forbidden for protection of human health or safety, life or health of fauna and flora, and environment;

(3) Import shall be forbidden according to provisions of other laws and administrative regulations;

(4) Import shall be forbidden according to provisions of international treaties and conventions that concluded or participated in by the People's Republic of China.

Article 8 The MOFCOM together with the General Administration of Customs (hereafter referred to as GAC) and the General Administration of Quality Supervision, Inspection and Quarantine (hereafter referred to as GAQSIQ) shall formulate, adjust and promulgate the Catalogue of Mechanical and Electrical Products Under Forbidden Import Category.

The used mechanical and electrical products exceeding the stated quality guarantee periods are jointly listed in the said catalogue by the state in accordance with the degrees they may bring harm to the state security, social public interests as well as safety, sanitation, health and environmental protection.

Chapter III Restrictive Import

Article 9 Mechanical and electrical products in any of the following conditions shall be restricted from import:

(1) Import shall be restricted for maintenance of state security, social public interests or public morality;

(2) Import shall be restricted for protection of human health or safety, life or health of fauna and flora, and environment;

(3) Import shall be restricted for establishment or promotion of establishment of Chinese specific industries;

(4) Import shall be restricted for guarantee of international financial status and balance of international payments of the state;

(5) Import shall be restricted according to provisions of other laws and administrative regulations;

(6) Import shall be restricted according to provisions of international treaties and conventions that concluded or participated in by the People's Republic of China.

Article 10 The MOFCOM together with the GAC and the GAQSIQ shall formulate, adjust and promulgate the Catalogue of Mechanical and Electrical Products Under Restrictive Import Category. The mechanical and electrical products under restrictive import category are subject to quota and license administration.

Article 11 The used mechanical and electrical products under state restrictive import category are called as specified used mechanical and electrical products.

The MOFCOM together with the GAC and the GAQSIQ shall formulate, adjust and promulgate the Catalogue of Import of Specified Used Mechanical and Electrical Products.

Specific used mechanical and electrical products are subject to import license administration.

Article 12 The Catalogue of Mechanical and Electrical Products Under Restrictive Import Category and the Catalogue of Import of Specified Used Mechanical and Electrical Products shall be promulgated 21 days before implementation. In urgent circumstances, the date of promulgation shall not be later than that of implementation.

Article 13 The mechanical and electrical products under restrictive import category of quotation administration shall be administrated according to the provisions of relevant measures for import quotation administration of goods issued by the State Council.