Order of Ministry of Commerce [2005] No. 4

Investigation Rules of Foreign Trade Barrier was adopted at the 1st Ministerial Conference of Ministry of Commerce on January 21, 2005. It is hereby promulgated and shall be implemented as of March 1, 2005.

Minister, Bo Xilai
February 2, 2005

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 barrier on our country's trade to foreign countries, promoting normal development of foreign trade, these rules are formulated in accordance with Foreign Trade Law of the People's Republic of China.

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 of one of following circumstances:
 1. Violate the economic treaty or agreement that the country (region) concluded or participated together with our country, or fails to implement the obligations stipulated by economic trade treaty or agreement that the country (region) concluded or participated together with our country;
 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 the third country (region);
 Cause or may cause injury to the competitiveness of the products or service of our country in the market of the country (region) or the third country (region);
 Cause or may cause hamper or restriction of the export of the products or service of the country (region) or the third country (region) to our country.

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 (hereinafter referred to as "the applicants") may make an application for trade barrier investigation to Ministry of Commerce.
 Domestic enterprises and industries in terms of above paragraph mean the enterprises or industries that have a direct bearing with the products or service under trade barrier investigation.

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 days at the receipt of the application letter and relevant evident materials.

Article 11 Ministry of Commerce may request the applicant to provide supplementary materials within a set time limit during the examination of the application materials.

Article 12 Ministry of Commerce should decide to start an investigation and publish it by announcement if the application materials submitted by the applicant accord with the provisions of Article 6 and 7 of these Rules and are not the circumstances in terms of Article 16, Paragraph 1, 3 and 4.
 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 the measures and ways under investigation, and the country (region) where the measures and ways are under investigation (hereinafter referred to as "the country (region) under investigation"), introduce briefly the available information and make clear the time limit that the interested parties set out their views and the public make comments.

Article 14 Ministry of Commerce should inform the applicant, known export and import managers, the government of the country (region) under investigation and other interested parties after the publication of the announcement for the investigation.

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