enterprises for use after expiration of supervising term of customs, the supervision can be released according to the enterprise's application to customs and the enterprise does not need to handle import certificates of mechanical and electrical products and go through procedures of entry inspection and quarantine. The said equipment that within the supervising term of customs and applied for release from the supervision of customs in advance by the original using entities or with expired supervising term and not used by the original using entities are subject to provisions hereof.

Import mechanical and electrical products under processing trade for purposes of sale in China, and products sold in China or for self-use are subject to these Measures.

(3) These Measures are applicable to mechanical and electrical products imported by foreign-invested enterprises for purpose of sale in China or sale in China after processing, new mechanical and electrical products imported by foreign-invested enterprises with their self-possessed funds beyond their amount of investment, and imported used mechanical and electrical products.

These Measures are applicable to the new mechanical and electrical products imported by foreign-invested enterprises within their amount of investment that are used and within the customs supervising term while the enterprises require to release them from the supervision of customs in advance for purposes of self-use or sale in China. Relevant procedures shall be handled referring to conditions in import. Customs shall handle supervising release procedures against relevant import certificates of mechanical and electrical products and certificates of inspection and quarantine.

(4) Mechanical and electrical products that entered areas under special customs supervision or customs bonded areas from abroad and those entered or exited among areas under special customs supervision or customs bonded areas are exempted from import license; while for used mechanical and electrical products, procedures of inspection and quarantine shall be handled and the said products shall be under supervision of customs; these Measures are applicable to mechanical and electrical products that enter into outside areas of areas under special customs supervision and customs bonded and supervisory areas (within boundaries of China) from areas under special customs supervision and customs bonded and supervisory areas.

For machinery and equipment that entered areas under special customs supervision from outside of the areas under special customs supervision (within boundaries of China) for purposes of use by enterprises in the said areas, and those required by infrastructure projects in the said areas and transferred to the outside of the said areas, if they are used mechanical and electrical products, these measures shall be applicable.

(5) These Measures are applicable to import of mechanical and electrical products in trade manners of leasing trade, compensatory trade, etc.

(6) These Measures are applicable to import of mechanical and electrical products in manners of non-reimbursable assistance, donation or presentation in economic intercourse, etc.

Article 28 These Measures are inapplicable in any of the following circumstances:

(1) Import of new mechanical and electrical products by foreign-invested enterprises within their amount of investment for purposes of investment and self-use;

(2) Mechanical and electrical products under processing trade which are imported for re-export;

(3) Mechanical and electrical products supervised by customs which are imported temporarily for re-export or exported temporarily for re-import;

(4) Samples of mechanical and electrical products to be imported, advertising samples and experimental products; the value of each batch is less than 5000 yuan;

(5) Where other laws and administrative regulations shall be obeyed.

Article 29 These Measures are applicable to the import of bid-winning mechanical and electrical products in international bidding according to Chinese laws, regulations and provisions of agreements reached with relevant international financial organizations and foreign lending countries.

Article 30 The used mechanical and electrical products listed in the Catalogue of Used Mechanical and Electrical Products Under Forbidden Import Category are forbidden from import in any way by the state. Mechanical and electrical products under forbidden import category shall not enter areas under special customs supervision and customs bonded and supervisory areas.

For mechanical and electrical products listed in the Catalogue of Mechanical and Electrical Products Under Forbidden Import Category and produced in China for export, approval of the MOFCOM shall be needed if they need to enter export processing zones for after-sale maintenance. Specific measures shall be formulated separately.

These Measures are applicable to mechanical and electrical products purchased abroad and sent back for self-use by Chinese institutions functioning abroad or overseas enterprises (Chinese-holding, similarly hereafter). Used mechanical and electrical products listed in the Catalogue of Mechanical and Electrical Products Under Forbidden Import Category yet new when purchased abroad by Chinese institutions functioning abroad or overseas enterprises are allowed to send back for self-use.

Article 31 The MOFCOM, the GAC and the GAQSIQ are responsible for interpreting these Measures. Any inconsistencies of relevant previous provisions shall subject to these Measures.

Article 32 These Measures take effect as of May 1, 2008, and meanwhile following regulations are repealed: former Measures for Administration of the Import of Mechanical and Electrical Products (decree No.10 [2001] of the Ministry of Foreign Trade, the GAC and the GAQSIQ), the Detailed Rules for Administration of Automatic Import License of Mechanical and Electrical Products (Decree No.25 [2001] of the Ministry of Foreign Trade), the Notice on Promotion of Import of Used Mechanical and Electrical Products (Guo Jing Mao Ji [1997] No.877), the Supplementary Notice on Enhancement of Administration of Import of Used Mechanical and Electrical Products (Guo Jing Mao Ji [1998] No.555), the Notice on Further Clarification of Issues Concerning the Elimination of Customs Supervision on Non-Priced Import Equipment Under Processing Trade Provided by Foreign Enterprises (Shu Fa Fa 2001 No.420), the Notice on Further Clarification of Issues Concerning the Elimination of Customs Supervision on Non-Priced Import Equipment Under Processing Trade Provided by Foreign Enterprises (Shu Fa Fa 2002 No.348), the Urgent Notice on Issues Concerning Elimination of Supervision on "Non-Priced Equipment" (Shu Fa Fa [2002] No.1), the Notice on Clarification of Issues Concerning Administration of Import of Used Mechanical and Electrical Products Under Processing Trade by the General Office of the GAC (Shu Ban Fa [2002] No.211), the Notice on Restatement of Administration on Import of Used Mechanical and Electrical Products (Guo Zhi Jian Lian [2001] No.42), and the Notice on Connection of Filing of Import of Mechanical and Electrical Products and Transaction of Import License (Zhi Jian Ban Jian Lian [2003] No.279).

(Source: www.fdi.gov.cn)