Pursuant to the amended Frontier Health and Quarantine Law of the People's Republic of China and informed by recent regulatory practices and risk assessments in the quarantine and inspection of inbound waste and used articles, Customs has implemented health quarantine and supervision on such imported waste and used articles as general cargo since May 14, 2025. This measure has achieved notable outcomes in reducing operational costs and improving clearance efficiency for enterprises. In contrast, the import supervision of used mechanical and electrical products continues to be administered under a stringent, tiered management framework, grounded in existing policy requirements and accumulated Customs enforcement experience. Therefore, enterprises involved in the importation of mechanical and electrical products must exercise utmost vigilance to ensure full compliance with all relevant regulations, so as to mitigate potential legal risks and avoid unnecessary financial losses.
I. Definition of "Used Mechanical and Electrical Products"
Pursuant to Article 2 of the Administrative Measures for Inspection and Supervision of Imported Used Mechanical and Electrical Products (Order No. 243 of the General Administration of Customs of the People's Republic of China), "Used Mechanical and Electrical Products" refer to mechanical and electrical products falling under any of the following categories:
(I) The mechanical and electrical products (excluding the equipment used for testing and debugging before use) that have been used and still have basic functions and certain value of use.
(II) Mechanical and electrical products that have not been used but have exceeded the term of quality guarantee (not the term of guaranteed repair).
(III) Mechanical and electrical products that have not been used but have been kept for a long time and have obvious physical spoilage in their parts and components.
(IV) Mechanical and electrical products that are assembled with new and old components together.
(V) Renovated products.
II. Regulatory Requirements for Importing Used Mechanical and Electrical Products
China implements a classified administration system for the import of used mechanical and electrical products, dividing them into three categories: prohibited imports, restricted imports, and those subject to automatic import license.
1. Used mechanical and electrical products listed in the Catalog of Used Electromechanical Products Prohibited from Import, as stipulated in the Announcement No. 106 [2018] of the Ministry of Commerce and the General Administration of Customs, are strictly prohibited from entry.
2. For used mechanical and electrical products categorized as restricted (referring to Items 2 through 14 in the Catalogue of Goods Subject to Import License Management (2024)), importers are required to apply for and obtain an import license from the competent administrative authorities prior to importation.
3. For used mechanical and electrical products listed in the Catalogue of Automatic Import License of Mechanical and Electronic Products, the importing entity must legally obtain an Automatic Import License before carrying out Customs declaration procedures. The import clearance process must then be completed in accordance with Customs regulations by presenting this license. Additionally, for the high risk imported used mechanical and electrical products, particularly those of high value or involving risks to personal and property safety, health, or environmental protection, the pre-shipment inspection shall also be conducted in light of the relevant state provisions.
Prior to importing used mechanical and electrical products, enterprises are recommended to access the China International Trade Single Window to verify the classification of the intended import product, determine whether it falls into the category of prohibited used mechanical and electrical products, and confirm if pre-shipment inspection is required.
III. Case Studies
Case 1
Between May 7, 2023, and May 6, 2025, the party involved declared four units of optical spectrum analyzers and photometers for import under the Customs regime for repair goods, covering two separate Customs declarations with a total declared value of 15,069.9 yuan. Upon verification, Customs confirmed that the imported goods constituted used mechanical and electrical products which had not been declared for mandatory inspection. This omission violated Article 11 of the Law of the People's Republic of China on Import and Export Commodity Inspection and paragraph 3 under Article 22 of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection.
Pursuant to paragraph 1 under Article 45 of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection, and with reference to the discretion benchmark specified under Item 27 as stipulated in Annex 4 Discretion Benchmark of the Customs for Common Cases under Summary Procedures and Expedited Handling of Administrative Penalties (II) of the General Administration of Customs’ Announcement on Issuing the Discretion Benchmark of the Customs of the People's Republic of China for Administrative Penalties (II) (Announcement No. 21 [2025]of the General Administration of Customs), a fine of 1,582 yuan was imposed on the party.
Case 2
On September 1, 2024, the party, acting through a Customs broker, declared for import a used forklift of German manufacture with a declared value of 76,687 yuan. During on-site inspection, Customs identified that the mandatory pre-shipment inspection had not been performed. In accordance with paragraph 3 under Article 49 of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection, Customs ordered the compulsory re-export of the goods.
Relevant Legal Provisions:
Law of the People's Republic of China on Import and Export Commodity Inspection
Article 32: In event anyone, in violation of the provisions of this Law, purposely markets or uses import commodities which are subject to compulsory inspection by the commodity inspection authorities without having such commodities inspected, or purposely exports export commodities which are subject to compulsory inspection by the commodity inspection authorities without having such commodities inspected and proved up to standard, the illegal gains shall be confiscated by the commodity inspection authorities, and a fine of not less than 5 percent but not more than 20 percent of the value of the commodities shall be imposed on; if a crime has been constituted, the criminal responsibilities shall be investigated for.
Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection
Article 22: Used mechanical and electrical products permitted for import to China shall be inspected by Customs. For the high risk imported used mechanical and electrical products, particularly those of high value or involving risks to personal and property safety, health, or environmental protection, the pre-shipment inspection shall also be conducted in light of the relevant state provisions. When the aforesaid products are imported, the consignees shall provide the Certificate for Pre-shipment Inspection issued by the entry-exit inspection and quarantine authorities or inspection organs.
Article 45: In case a consignee, consigner, agency for inspection declaration or cross-border express consignment operator, or applicant obtains the relevant documentations from the entry-exit inspection and quarantine authorities without providing the true information of the import and export commodities, or fails to apply for inspection on the import and export commodities subject to statutory inspection, and evades the inspection on the import and export commodities, the illegal gains generated shall be confiscated by the entry-exit inspection and quarantine authorities, and a fine of not less than 5% but not more than 20% of the value of the commodities shall be imposed on.
Article 49: If an overseas supplier or domestic consignee fails to get the registration or fails to make pre-shipment inspection when importing solid wastes that may be used as raw materials, such goods are subject to a return order per state regulations. In severe cases, a fine between 100,000 yuan and 1 million yuan will also be imposed by the entry-exit inspection and quarantine authority.
Where a registered overseas supplier or domestic consignee of solid wastes usable as raw materials violates relevant state regulations and the circumstances are serious, the entry-exit inspection and quarantine authority shall revoke its registration.
For used mechanical and electrical products permitted to import to China, if pre-shipment inspection has not been conducted in accordance with regulations, the goods shall be returned as stipulated by relevant state provisions. In severe cases, a fine of not more than 1 million yuan will also be imposed by the entry-exit inspection and quarantine authorities.
Anyone who unlawfully sells or uses imported commodities subject to statutory inspection without declaring them for inspection or without having them inspected, or who sells or uses imported commodities subject to import verification without having applied for such verification, shall have their illegal gains confiscated by the entry-exit inspection and quarantine authorities, and a fine of not less than 5 percent but not more than 20 percent of the value of the commodities shall be imposed on; if a crime has been constituted, the criminal responsibilities shall be investigated for.
Administrative Measures for Inspection and Supervision of Imported Used Mechanical and Electrical Products (2018 Third Amendment)
Article 5: Imported used mechanical and electrical products shall be subject to port inspection, destination inspection as well as supervision and administration. For the high risk imported used mechanical and electrical products, particularly those of high value or involving risks to personal and property safety, health, or environmental protection, the pre-shipment inspection shall also be conducted in light of the relevant state provisions.
The list of imported used mechanical and electrical products subject to pre-shipment inspection shall be determined by the General Administration of Customs and be announced on the website of the General Administration of Customs.
Where the pre-shipment inspection result of imported used mechanical and electrical products is inconsistent with the result of port inspection and destination inspection, the result of port inspection and destination inspection shall prevail.
Article 22 Any entity that unlawfully sells or uses imported used mechanical and electrical products which have not been declared for or have not passed inspection shall have their illegal gains confiscated by Customs in accordance with the provisions of the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection, and shall be imposed a fine of not less than 5 percent but not more than 20 percent of the value of the imported used mechanical and electrical products; if a crime has been constituted, the criminal responsibilities shall be investigated for.
Article 26 For used mechanical and electrical products permitted to import to China, if pre-shipment inspection has not been conducted as required, the goods shall be returned in accordance with the relevant state regulations. In severe cases, Customs shall, in accordance with the Regulations for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection, concurrently impose a fine of not more than 1 million yuan.
IV. Customs Advisory
1. Prior to importing used mechanical and electrical products, enterprises must accurately classify the goods and determine their corresponding Harmonized System (HS) code. This code shall be used to verify whether the product is listed in the Catalogue on Prohibited Import of Used Mechanical and Electrical Products to confirm its admissibility. Once import is permitted, it is essential to further determine whether a Certificate for Pre-shipment Inspection is required.
2. Prior to importing used mechanical and electrical products, enterprises must also check whether the used mechanical and electrical products are listed in either the Catalogue of Goods Subject to Import License Management (2024)) or the Catalogue of Automatic Import License of Mechanical and Electronic Products. If listed in the Catalogue of Goods Subject to Import License Management, an import license must be applied for and obtained from the competent administrative authority before undertaking Customs declaration procedures. If listed in the Catalogue of Automatic Import License of Mechanical and Electronic Products, an Automatic Import License must be secured in accordance with regulations prior to Customs declaration.
3. When declaring the import of used mechanical and electrical products to Customs, enterprises must provide accurate information and complete all required inspection and quarantine declarations. Furthermore, imported used mechanical and electrical products must fully conform to all applicable national technical standards for safety, health, and environmental protection.
Disclaimer：The above content is translated from Chinese version of Huangpu Customs Service Hotline 12360. The Huangpu Customs Service Hotline 12360 version shall prevail.
