Ministry of Commerce Order of Ministry of Commerce of the People’s Republic of China No. 4 Investigation Rules of Foreign Trade Barrier was adopted at the 1st Ministerial Conference of Ministry of Commerce on January 21, Minister of Ministry of Commerce, Bo Xilai February 2, 2005 Investigation Rules of Foreign Trade Barrier Chapter I General Principles Article 1 For the purposes of developing and regulating the investigation on foreign trade barrier, eliminating the influences of foreign trade Article 2 Ministry of Commerce is responsible for the investigation on foreign trade barrier. Ministry of Commerce designates Fair Trade Bureau of Import and Export to be responsible for the implementation of these rules. Article 3 The measures or activities made or supported by the government of foreign countries (regions) are regarded as trade barrier in case 1. Violate the economic treaty or agreement that the country (region) concluded or participated together with our country, or fails to 2. Create one of following unfavorable influences: Cause or may cause hamper or restriction of the products or service of our country to entry the market of the country (region) or Cause or may cause injury to the competitiveness of the products or service of our country in the market of the country (region) or Cause or may cause hamper or restriction of the export of the products or service of the country (region) or the third country (region) Article 4 Ministry of Commerce may place the case on file for trade barrier investigation at the request of the applicant. Ministry of Commerce may place the case on file for trade barriers investigation on its free will as it deems necessary. Chapter II Investigation Application Article 5 Domestic enterprises and industries or natural persons, legal persons on behalf of domestic enterprises and industries or other organizations Domestic enterprises and industries in terms of above paragraph mean the enterprises or industries that have a direct bearing with Article 6 The application for trade barrier investigation must be submitted in the form of writing. Article 7 The application letter should include following information: 1. Name, address and related information of the applicant; 2. The explanation of measures or ways applied for investigation; 3. The explanation of the products or service that the measures or ways applied for investigation aim at; 4. General explanation of relevant domestic industries; 5. The explanation of unfavorable influences if the measures or ways applied for investigation have caused unfavorable influences; 6. Other content the applicant deems it necessary to explain. Chapter III Examination and Put a Case on File Article 8 The application letter should attach following evident materials and explain the source: 1. The evident materials that prove the existence of the measures or ways applied for investigation; 2. The evident materials that prove the unfavorable influence caused by the measures or ways applied for investigation; Any applicant who could not submit above materials should explain the reason by writing. Article 9 The applicant may recall the application before Ministry of Commerce makes the decision of the investigation. Article 10 Ministry of Commerce should examine the application materials and makes the decision on starting an investigation or not within 60 Article 11 Ministry of Commerce may request the applicant to provide supplementary materials within a set time limit during the examination of Article 12 Ministry of Commerce should decide to start an investigation and publish it by announcement if the application materials submitted To the cases that Ministry of Commerce decides to put on a file should also be published by announcement. Article 13 The announcement for investigation should make clear the measures or ways under investigation, the products or service relating to Article 14 Ministry of Commerce should inform the applicant, known export and import managers, the government of the country (region) under investigation Article 15 The publication day of the announcement is the date that the investigation starts. Article 16 Ministry of Commerce may make a decision not to start an investigation in case of one of following circumstances: 1. The description in terms of the application materials submitted by the applicant does not accord with the facts; 2. The application materials submitted by the applicants are not complete and the applicant does not provide supplementary materials 3. The measures or ways applied for investigation by the applicant are obviously not subjected to trade barrier in terms of Article 3 4. Other circumstances that Ministry of Commerce deems unnecessary to start an investigation on. Article 17 Ministry of Commerce should inform the applicant by writing and make clear the reason why it does not start an investigation. Chapter IV Investigation and Confirmation Article 18 Ministry of Commerce should confirm by investigation whether the measures or ways under investigation has constituted trade barrier Article 19 Ministry of Commerce may use any information collected initiatively during the investigation. Article 20 Ministry of Commerce may establish expert consultation group constituted by relevant departments of State Council, experts and scholars Article 21 Ministry of Commerce may seize up the situation and make the investigation by questionnaires, hearings and other ways. Article 22 Ministry of Commerce may send staffs to the country (region) to make investigations and gather evidence with the agreement of the Article 23 The interested parties may apply to Ministry of Commerce for dealing with their materials as classified ones if they think it will Article 24 If Ministry of Commerce thinks the application for keeping secrete is proper, it should treat the materials provided by the interested Without the agreement of the interested parties who provide the materials, Ministry of Commerce may not use the materials treated Article 25 During the investigation, Ministry of Commerce may make consultations with the country (region) under investigation about the measures Article 26 Ministry of Commerce May decide to terminate the investigation and publish it by announcement in case of one of following circumstances: 1. The government of the country (region) under investigation promises to cancel or readjust the measures or ways within proper time 2. The government of the country (region) under investigation promises to provide our country with proper trade compensation within proper 3. The government of the country (region) promises to perform the obligations of economic trade treaty or agreement; 4. Other circumstances that Ministry of Commerce thinks the investigation may be ended. Article 27 If the government of the country (region) under investigation does not perform the promises in Article 26 , Paragraph 1 to 3 of these Article 28 Ministry of Commerce may terminate the procedure of the investigation except that it deems the termination of the investigation procedure Article 29 Ministry of Commerce should terminate the investigation and publish it by announcement in case of one of following circumstances: 1. The government of the country (region) has canceled or readjusted the measures or ways under investigation; 2. The government of the country (region) has provided our country with proper trade compensation; 3. The government of the country (region) has performed the obligations of economic trade treaty or agreement; Article 30 Ministry of Commerce may terminate the investigation and make an announcement in case of one of following circumstances: 1. The applicant does not provide proper cooperation during investigation; 2. Other circumstances that Ministry of Commerce thinks the investigation may be terminated. Article 31 Ministry of Commerce should make a decision and announcement on whether the measures or ways constitute the trade barrier in terms Article 32 Trade barrier investigation should be finished within 6 months as of the day of announcement for the investigation. It may be prolonged Article 33 If the measures or ways under investigation are confirmed to constitute trade barrier in terms of Article 3 of these Rules, Ministry 1. Hold bilateral consultations; 2. Start settlement mechanism of multilateral dispute; 3. Take other proper measures. Chapter V supplementary Articles Article 34 The announcement made in accordance with these Rules should make clear important conditions, facts, reasons, foundations, results Article 35 The investigation on foreign investment barrier should be implemented according to these Rules. Article 36 The interpretation of these Rules should be vested in Ministry of Commerce. Article 37 These Rules shall come into effect as of March 1, 2005. |
Ministry of Commerce
2005-02-02