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中华人民共和国进口计量器具监督管理办法(2)

分类: 法律英语 
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. Flow meters (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

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