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Ministry of Commerce
Announcement of Ministry of Commerce on Termination of Trade Barrier Investigation on Japanese Management Measures on Laver Import
[2005] No.10
February 28, 2005
Ministry of Commerce decided to make a trade barrier investigation on Japanese management measures on laver import (hereinafter referred
to as “Measures under investigation”) on April 22, 2004 at the request of Jiangsu Laver Association in accordance with Temporary
Rules of Foreign Trade Barrier Investigation (hereinafter referred to as “Temporary Rules”).
During the investigation, Ministry of Commerce made investigations on the measures under investigation and consulted with relevant
authorities of Japanese government. According to the results of investigation and consultation, and as well as Japanese adjustment
of the measures under investigation, Ministry of Commerce decided to terminate this investigation in accordance with the provision
of Article 25 of Temporary Rules. Relevant issues are hereby announced as follows:
1.
Applicant
The applicant Jiangsu Laver Association (hereinafter referred to as “the applicant”) submit their application for trade barrier investigation,
asking for trade barrier investigation on Japanese management measures on Laver import.
According the investigation, Jiangsu province is the main production area in China of the products relating to the measures under
investigation, its output accounts for 95 per cent of total output of the products in China. The applicant has 107 members, accounting
for 63 per cent of all the enterprises of laver cultivation and processing in Jiangsu. Laver cultivation area that the applicant
represented by the applicant is 85 thousand mu, accounting for 51 per cent of the total laver cultivation area in Jiangsu province.
2.
The request of the applicant
The applicant thinks that Japanese government takes and maintains the measures, which violate relevant agreement of WTO, on import
of Chinese dry laver and flavour laver. It has hindered and restricted unreasonably Chinese dry and flavour laver into Japanese market
and caused injury to Chinese relevant industries. The applicant requested the investigatory apparatus to make investigations in accordance
with Temporary Rules and believed that the management measures of Japanese government relating to laver import origin have violated
relevant provisions in the agreement of WTO and constituted trade carrier in Chinese dry and flavour laver exporting to Japan. The
applicant has also requested the investgatory apparatus to make consultation with Japanese government and asked them to cancel the
management measures on import origin of dry and flavour laver according to the investigation.
3.
Investigation Procedures
(1)
Investigation Announcement
After the investigation, Ministry of Commerce thinks that the applicant meets with the provisions of Article 5 of Temporary Rules
relating to the applicant qualification and the application and relevant proof materials accord with Article 6 and 7 of Temporary
Rules concerning to the provisions of content and related proofs of the application needed by initiating trade carrier investigation.
According to the result of the investigation, Ministry of Commerce published its Announcement No.16 on April 22, 2004, starting trade
carrier investigation on Japanese management measures on laver import.
(2)
Investigation
After the publication of investigation announcement, the investigatory apparatus informed the applicant and Japanese embassy in China.
During the investigation, the investigatory apparatus made investigations and verify the information by investigation questionnaires,
investigation on the spot and distributing additional investigation questionnaires in accordance with Temporary Rules. At the request
of the investigatory apparatus, the competent department of relevant industries and industrial intermediary organizations provided
the investigatory apparatus with consultation comments on technique and truthfulness concerning the investigation.
(3)
Consultation
During the investigation, the investigatory apparatus has consulted with relevant authorities of Japanese government for three times
on the measures under investigation. In the third time consultation held in Beijing in the middle of October 2004, Japanese part
promised to take feasible measures and solve actively the problem Chinese paid attention to.
(4)
Termination of the investigation
For the purpose that Chinese and Japanese may continue the consultation and reach a satisfied result for both sides, Ministry of Commerce
published it announcement No. 65 on October 21 2004 in accordance with Article 22 of Temporary Rules, terminating the investigation.
After the termination of the investigation, Chinese and Japanese made consulted many times about concrete measures on solving the
problems that Chinese part paid attention to.
(5)
Others
After the termination of the investigation, the applicants also raised the problem that Chinese baked laver could not be exported
to Japan. The applicant thought that baked laver was also in the range of flavor laver and apply the investigatory apparatus made
an investigation to it and consulted with Japanese government according to the investigation and finally solve the problem of export
of Chinese laver to Japan.
According to the investigation, raw material of faked laver is dry laver, a kind of laver processing product after faking without
any flavour. As for it, Japan has no legal basis or administrative regulations on prohibiting the import of laver, but in fact it
does not permit laver import from any country. As for it, Japanese part promised to make continuous consultation with Chinese part
on trade technical problems of laver including import of faked laver and try to solve the problem Chinese part paid attention to.
4.
Japanese adjustment of the measures under investigation
On February 21, 2005, Ministry of Economy and Industry of Japan published its “import notice” No. 19 in two Japanese newspapers, publishing
Japanese import quota of laver in 2005. Import notice cancelled the management of the origin of imported dry and flavour laver, and
made clear that total Japanese import quota of laver in 2005 is 0.4 billion pieces.
5.
Termination of the investigation
According to the result of the investigation, since Japanese government has cancelled the discriminative measures on Chinese dry and
flavour laver and made relevant promise in solving Chinese laver exporting to Japan, Ministry of Commerce decided to terminate trade
carrier investigation on Japanese management measures on laver import initiated on April 22 2004.
6.
Comments on the termination of the investigation
The comments of interested parties and the public on the termination of the investigation should be submitted to Ministry of Commerce
in writing within 30 days as of the publication of the announcement.
7.
Address of Ministry of Commerce
Bureau of Fair Trade for Import and Export
Add: No.5 Dong Chang An Street, Beijing
Post code: 100731
Tel: 86-10-6519813965198487
Fax: 86-10-65198172
E-mail: boft_tbi@mofcom.gov.cn
Hereby notified.
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