The Ministry of Foreign Trade and Economic Cooperation Decree of the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China No. 38 Interim Rules on the Procedures for Adjusting the Range of Products under Safeguards adopted by the 12th Executive Meeting of the Minister of the Ministry of Foreign Trade and Economic Cooperation, Shi Guangsheng December 13, 2002 Interim Rules on the Procedures for Adjusting the Range of Products under Safeguards Article 1 In order to guarantee the fairness, justice and openness of the safeguards work, these Rules are enacted in accordance with the Safeguards Article 2 According to Articles 5, 15, 16, 18 and 21 of the Safeguards Regulations of the People’s Republic of China, the Ministry of Foreign Article 3 During the implementation period of safeguards proclamations, any adjustment in the range of products under safeguards shall be determined Article 4 Procedures for adjusting the range of products in safeguards proclamations of the MOFTEC shall comply with these Rules. Procedures for adjusting the range of products in safeguards proclamations include the application procedures and the procedures for Article 5 Application procedures: (1) After a safeguards case filing proclamation is made, if any relevant interested party raises objections to the range of products under (2) After a proclamation of safeguards preliminary award is made, if any relevant interested party raises objections to the range of products (3) The interested party as used in these Rules shall refer to the applicant for safeguards, foreign manufacturer, exporter, importer (4) The application shall be in filed in written form. Article 6 An application form shall include the following information: (1) The name and basic information of the applicant, and the product to be adjusted; (2) Reasons for the adjustment, detailed explanation of the reasons and the relevant evidence; (3) Detailed description and specification of the product to be adjusted. The product shall be described in the following order: tariff (4) Detailed description and explanation of the similarities and differences, and replaceable nature between the import product to be (5) The import volume and sum of the import product to be adjusted of the previous five years and the forecasted import volume of the (6) The foreign manufacturer, exporter, importer and end user; (7) Seal or signature of the legal representative of the applicant or the person legally authorized thereby. Article 7 Procedures for acceptance, investigation, decision and proclamation: (1) MOFTEC shall check the application submitted by the applicant, and accept the application if it meets the requirements of Article (2) MOFTEC shall investigate and verify the authenticity of the application through questionnaire, on-spot verification and hearing etc; (3) MOFTEC shall investigate the rationality of the application and the interests of the interested parties concerned including the applicant (4) If the application meets the conditions for adjusting the range of products under safeguards according to the aforesaid procedures, (5) Where MOFTEC hasn’t received an application for adjusting the product range, it may decide to adjust the product range upon the examination (6) After the final decision on safeguards is implemented, if it is necessary to adjust the proclamation contents, a decision may be made Article 8 Where safeguards review is involved; the adjustment of product range shall be carried out by referring to these Rules. Article 9 The power to interpret these Rules shall remain with MOFTEC. Article 10 These Rules shall enter into force on the 30th day after their proclamation. |
The Ministry of Foreign Trade and Economic Cooperation
2002-12-13