Automotive Parts Factory Including Recall Management

The website of the State Administration of Quality Supervision, Inspection and Quarantine publishes recently “Implementation Measures for Revocation Management Regulations for Defective Automobile Products” (Draft for Soliciting Opinions) (hereinafter referred to as the “Draft for Soliciting Opinions”), in addition to clarifying the responsibilities and obligations of producers and operators of auto products in product recalls. For the first time, component producers were included in the product recall management measures.

The object of defect investigation in the "Regulations" that came into force on January 1 last year involved only producers and operators. According to the “Draft for Comments”, the AQSIQ and the entrusted provincial quality inspection departments carry out defect investigations, and can enter the production and operation sites of producers, operators, and parts producers to conduct on-site investigations.

At the same time, the "Draft for Comment" specifically states that "producers should establish and improve the traceability information management system for automotive products to ensure that the recall scope of defective automotive products can be determined in a timely manner and notify owners". In this regard, the draft Opinions in the Penalties to be made clear that the existence of five kinds of violations of the provisions of the producer and the deadline has not been corrected, will be punished by a fine of 10,000 yuan up to 30,000 yuan.

In addition, the Consultation Draft has given full consideration to the rights of producers of automotive products. Among them, it is clarified that the AQSIQ has investigated and concluded that there are defects in the automotive products, it should issue a notice of recall of defective automotive products to the producer to notify the producer of the recall. If the manufacturer believes that there is no defect in its automotive products, it may submit a written objection to the AQSIQ within 15 working days from the date of receipt of the recall notice of the defective automobile product, and submit the relevant certification materials.

For producers who raise objections within 15 working days, the AQSIQ shall organize the experts who have no interest in the producers to demonstrate the materials submitted by the producers; the producers shall apply for a hearing or the AQSIQ may need to If it is deemed necessary to organize a hearing, a hearing may be organized.