BIZCHINA / Foreign Trade

Investigation Rules of Foreign Trade Barrier

Updated: 2006-04-18 10:47

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 within the time limit set by Ministry of Commerce.
 3. The measures or ways applied for investigation by the applicant are obviously not subjected to trade barrier in terms of
Article 3 of these Rules;
 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 in terms of
Article 3 of these Rules.

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 when it deems necessary. The expert consultation group is responsible for providing comments on technical and lawful issues relating to the investigation.

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 government of the country (region) under investigation when it deems necessary.

Article 23 The interested parties may apply to Ministry of Commerce for dealing with their materials as classified ones if they think it will cause harmful influence in case of the disclosing of the materials they submitted.

Article 24 If Ministry of Commerce thinks the application for keeping secrete is proper, it should treat the materials provided by the interested parties as classified ones and ask the interested parties for an un-classified summary of the materials.
 Without the agreement of the interested parties who provide the materials, Ministry of Commerce may not use the materials treated as confidential ones beyond the use of trade barrier investigation.

Article 25 During the investigation, Ministry of Commerce may make consultations with the country (region) under investigation about the measures and ways under investigation.

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 limit;
 2. The government of the country (region) under investigation promises to provide our country with proper trade compensation within proper time limit;
 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 Rules, Ministry of Commerce may resume its investigation. As for the investigation that Ministry of Commerce decided to end in accordance with Article 26, Paragraph 4 of these Rules, the investigation may be resumed after the elimination of the circumstances..

Article 28 Ministry of Commerce may terminate the procedure of the investigation except that it deems the termination of the investigation procedure does not accord with public interests.

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 of Article 3 of these Rules.


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