History

These Regulations are established in accordance with Paragraph 5, Article 8 of the Occupational Safety and Health Act (the Act).

Certification is exempted for conditions specified in Subparagraphs 1 and 2, Paragraph 2, Article 8 of the Act.

Certification is exempted and released directly by the Customs for products specified in Subparagraphs 3 and 4, Paragraph 2, Article 8 of the Act, under the condition that the declared value of every single item on the import declaration form is under US$100 or the quantity of products with the same type on the same import declaration form does not exceed 2 pieces, and are delivered by parcel post or taken by passengers as carry-on baggage.

The obligatory applicant may apply to the central competent authority for exemption from certification for mechanical products specified in Subparagraphs 3 to 5, Paragraph 2, Article 8 of the Act before they are transported out of the production premises if they are domestically manufactured or before they are imported.
The obligatory applicant may apply to the central competent authority for exemption from certification for mechanical products in accordance with Subparagraph 5, Paragraph 2, Article 8, if they are imported and exported after further processing or assembly or in their original form.

The obligatory applicant seeking exemption from certification shall apply to the central competent authority by completing an application form and providing related supporting documents. The application shall be denied if deficiencies in the supporting documents are not corrected within the time limit specified by the central competent authority.
An application for exemption from certification may cover all mechanical products specified in the same import form.
Products manufactured by a factory located within a bonded commodity zone to be transported to taxed zones, the preceding two paragraphs shall apply mutatis mutandis.

The central competent authority shall issue an exemption from certification notice to the applicant after the application is approved. The application shall be denied if not approved.

When the obligatory applicant intends to import products that are specified in Subparagraphs 3 and 4, Paragraph 2, Article 8 of the Act and are with the same specifications and types, he may apply for a code for exemption from certification by providing related supporting documents within 6 months. The application is limited to one time only.
Where the obligatory applicant provides the following documents and the application is approved by the central competent authority, the limit mentioned in the preceding paragraph shall not apply:
1. For products for use in scientific research and development or in testing activities: the scientific research and development plan or testing plan, information on locations where the products are stored and related supporting documents.
2. For commercial samples or products for exhibition: exhibition plan of trade facilitating associations under the jurisdiction of relevant authority of the central government, information on location where the products are stored and related supporting documents.

For mechanical products that have been approved to be imported in accordance with Subparagraphs 3-5, Paragraph 2, Article 8 of the Act, the central competent authority shall announce in advance the designated codes of exemption from certification for customs clearance.
Where the application for exemption from certification is approved, the obligatory applicant may enter the announced codes in the column of import license number in the import customs declaration form.
The Customs shall release the products after confirming that the data mentioned in the preceding paragraph is correct.

Exemption from certification shall not be allowed for mechanical products that are announced to be subject to type certification, including the import or domestic-manufacturing of such products, except where they comply with the provisions concerning exemption from certification stated in Subparagraphs 3-5, Paragraph 2, Article 8 of the Act, or they are imported and exported after further processing or assembly or in their original form.

For products that are imported and exported after further processing or assembly or in their original, the obligatory applicant shall have the products exported within 6 months upon receipt of the notice of exemption from certification, and report to the central competent authority for closing the case by submitting related export documents. Where the presentation of export documents is not possible and an approval from the central competent authority is obtained, an affidavit shall be made by the applicant for purpose of closing the case.
Where the obligatory applicant is not able to report to the central competent authority to close his case within the 6-month period specified in the preceding paragraph, he is required to apply to the central competent authority for an extension of up to 6 months. Another extension may be applied for if necessary.
Where the obligatory applicant is not able to have his case closed by the central competent authority within the time limit mentioned in the preceding two paragraphs, the central competent authority shall notify the obligatory applicant to apply for type certification, ship back the products or destroy the products under surveillance. A copy of the notice shall be made to the Customs. If the obligatory applicant does not take actions according to the notice, his next application for exemption from certification shall be denied.

For products, imported or domestically manufactured, that are approved to be exempted from certification, the obligatory applicant shall maintain the production and marketing records, export documents, type certification of final products, etc. for 3 years under any of the following circumstances:
1. Commercial samples or products for exhibition that are not to be used or put into operation, or
2. Components or accessories for further processing or assembly, certification of which shall be performed on final products after assembly or processing and the certification criteria are the same as those of the final products.

Where the obligatory applicant imports commercial samples or products for exhibition that are not to be used or put into operation and obtains approval for exemption from certification, the words "Not For Sale or Installation" shall be applied in a prominent place on the body of the product.

For mechanical products that are approved to be exempted from certification, the obligatory applicant shall not change their purpose of use. If there are special reasons that make it necessary to change the purpose of use and the new purpose of use complies with Subparagraphs 3-5, Paragraph 2, Article 8 of the Act, the obligatory applicant shall apply to the central competent authority for approval.
The obligatory applicant shall apply to the central competent authority for type certification immediately after the reasons for exemption from certification mentioned in the preceding paragraph no longer exist.

Mechanical products that are granted exemption from certification shall not be provided for use by workers, except where they are type certified in accordance related requirements.
The obligatory applicant shall be solely responsible for the safety of mechanical products exempted from certification. The central competent authority , labor inspection bodies or commissioned professional groups may conduct on-site audits at any time.

Where the obligatory applicant is found to obtain approval for exemption from certification by deceptive, fraudulent or other inappropriate means, the central competent authority shall withdraw the approval for exemption from certification and not accept subsequent applications for exemption from certification for a period ranging from 1 to 3 years. Where criminal charges are involved, the case shall be forwarded to judicial organizations for processing.
Where the obligatory applicant is found to violate the requirements concerning the approved purpose of use of products exempted from certification, labelling or maintenance of production and marketing records, the central competent authority shall rescind the approval of exemption from certification and not accept subsequent applications for exemption from certification for 6 months.

The forms of documents mentioned in these Regulations shall be prescribed by the central competent authority.

These Regulations shall take effect on January 1, 2015.