Provisional rules for the investigation of the hot

Article 1 in order to carry out and standardize the investigation of foreign trade barriers, eliminate the impact of foreign trade barriers on China's export trade in gb/t6096 (2) 009 safety belt test methods, and promote the normal development of foreign trade, these rules are formulated in accordance with the foreign trade law of the people's Republic of China and relevant regulations

Article 2 the Ministry of foreign trade and Economic Cooperation (hereinafter referred to as MOFTEC) is responsible for the investigation of foreign trade barriers and investment barriers

The Ministry of foreign trade and economic cooperation designates the import and Export Fair Trade Bureau to be responsible for the implementation of these rules

Article 3 measures implemented or supported by foreign (regional) governments that have trade distorting effects and meet one of the following conditions are regarded as trade barriers:

(1) the measures violate the multilateral trade treaties that the country (region) and China are both parties to or bilateral trade agreements signed with China

(II) this measure has caused or may cause unreasonable obstacles or restrictions to the entry of Chinese products or services into the market of that country (region) or the market of a third country (region)

(III) this measure has caused or may cause unreasonable damage to the competitiveness of China's products or services in the market of that country (region) or the market of a third country (region)

if the foreign (regional) government fails to fulfill its obligations under the multilateral trade treaty with China or the bilateral trade agreement signed with China, this practice is also regarded as a trade barrier

Article 4 the Ministry of foreign trade and economic cooperation may, upon the application of the applicant, file a case to investigate trade barriers

The MOFTEC may also file a case on its own if it deems it necessary. Conduct trade barrier investigation

Article 5 domestic enterprises, domestic industries or natural persons, legal persons or other organizations representing domestic enterprises and domestic industries (hereinafter referred to as the applicants) may apply to the Ministry of foreign trade and economic cooperation for the investigation of trade barriers in accordance with the provisions of these rules

the "domestic enterprises and domestic industries" mentioned in the preceding paragraph refer to enterprises or industries that are directly related to the production of products or the supply of services involved in the alleged trade barriers

Article 6 the application for trade barrier investigation must be submitted in writing. The application shall include the following contents as far as possible:

(I) the name, address and relevant information of the applicant

(II) description of trade barrier measures or practices applied for investigation

(3) a description of the products or services affected by the trade barrier measures or practices, and a description of the basic situation of relevant domestic industries

(IV) description of the damage suffered or likely to be suffered by the applicant or the domestic enterprise and domestic industry represented by the applicant

(V) other contents that the applicant thinks need to be explained

Article 7 the application shall be attached with the following evidentiary materials and explain their sources:

(1) evidentiary materials proving the existence of trade barrier measures or practices applied for investigation

(II) evidence materials proving that the applicant has been or may be damaged by the trade barrier measures or practices

if the applicant is unable to provide the above evidentiary materials, it shall explain the reasons in writing

Article 8 the applicant may withdraw his application before the MOFTEC makes a decision to file the case

Article 9 The MOFTEC shall examine the application materials and make a decision on filing or not to file the case within 60 days from the date of receiving the application and relevant evidentiary materials submitted by the applicant

Article 10 in the process of examining the application materials, the MOFTEC may require the applicant to provide supplementary materials within the prescribed time limit

Article 11 if the application materials submitted by the applicant comply with the provisions of Chapter II of these rules and there are no circumstances specified in items (1), (3) and (4) of Article 14 of these rules, the MOFTEC shall decide to file a case to investigate the trade barrier measures or practices alleged in the application

Article 12 the decision to file an investigation shall be announced by the MOFTEC. The announcement shall specify the trade barrier measures or practices, the products or services involved and the countries (regions) involved, briefly introduce the existing information, and explain the time limit for interested parties to state their opinions and the public to make comments

the MOFTEC shall notify the applicant, known export and import operators, the government of the investigated country (region) and other interested parties after issuing the filing announcement

Article 13 the date of filing announcement is the date of filing

Article 14 The MOFTEC may make a decision not to file a case under the following circumstances:

(1) the situation described in the application submitted by the applicant is obviously inconsistent with the facts

(2) the application materials are incomplete and the supplementary materials are not provided within the time limit prescribed by the Ministry of foreign trade and economic cooperation

(3) the measures or practices alleged by the applicant obviously do not belong to the trade barriers referred to in Article 3 of these rules

(4) other circumstances that MOFTEC believes should not be filed

Article 15 the applicant shall be notified in writing of the decision not to file a case and the reasons for the decision shall be explained

Article 16 Where the MOFTEC decides to file a case on its own, it shall issue a public announcement on the filing of the case

Chapter IV investigation and determination

Article 17 The MOFTEC shall determine through investigation whether the alleged measures or practices constitute trade barriers as mentioned in Article 3 of these rules

Article 18 in the investigation, the MOFTEC may use any relevant information collected by itself in addition to the materials provided by the applicant and other interested parties on their own initiative or upon request

according to the needs of extending and lengthening the copper industry chain, MOFTEC may establish an expert consultation group composed of relevant departments, experts and scholars of the State Council. The expert advisory group is responsible for providing advice on technical and legal issues involved in the investigation

Article 19 The MOFTEC may obtain information from interested parties and conduct investigations by means of questionnaires, hearings, etc

The Ministry of foreign trade and economic cooperation may send staff to the country (region) for investigation and evidence collection after obtaining the consent of the government of the country (region) concerned when it deems it necessary

Article 20 if interested parties believe that the disclosure of the information provided by them will have a serious adverse effect, they may apply to the Ministry of foreign trade and economic cooperation for the treatment of the information as confidential information

If MOFTEC believes that the confidentiality application is justified, it shall treat the information provided by the interested parties as confidential information, and require the interested parties to provide a non confidential information summary

the information treated as confidential information shall not be disclosed without the consent of the interested party providing the information

Article 21 The MOFTEC may consult with the governments of relevant countries (regions) on the alleged measures or practices during the investigation

Article 22 The MOFTEC may decide to suspend the investigation under the following circumstances:

(1) the government of the country (region) where the alleged measure is implemented undertakes to cancel or adjust the measure within a reasonable period of time

(2) the government of the country (region) where the alleged measures are implemented promises to provide appropriate trade compensation to China within a reasonable period of time

(3) the government of the accused country (region) promises to fulfill the obligations of trade treaties or trade agreements

(4) other circumstances under which the MOFTEC believes that the investigation can be suspended

If the MOFTEC decides to suspend the investigation, it shall make an announcement and immediately notify the interested parties

Article 23 If the government of the alleged country (region) fails to fulfill the commitments in items (1) to (3) of Article 22 of these rules within a reasonable period of time, MOFTEC may resume the investigation; If the MOFTEC decides to suspend the investigation in accordance with item (4) of Article 22 of these rules, the investigation may also be resumed after the situation is eliminated

Article 24 the investigation procedure may be terminated at the request of the applicant, unless MOFTEC considers that terminating the investigation is not in the public interest

Article 25 in case of any of the following circumstances, MOFTEC shall terminate the investigation and issue an announcement:

(1) the foreign (regional) government has canceled the alleged measures

(2) foreign (regional) governments have provided appropriate trade compensation to China

(III) foreign (regional) governments have fulfilled their obligations under trade treaties or trade agreements

Article 26 under any of the following circumstances, MOFTEC may terminate the investigation and issue an announcement:

(1) the applicant fails to provide necessary cooperation in the investigation

(II) other circumstances under which the MOFTEC believes that the investigation of trade barriers can be terminated

Article 27 through investigation, MOFTEC shall decide whether the alleged measures or practices constitute trade barriers as mentioned in Article 3 of these rules. The investigation results shall be announced and the interested parties shall be informed to estimate whether the maximum force value of the material in the tensile test can exceed the maximum range of the tensile testing machine

Article 28 the investigation of trade barriers shall be completed within 6 months from the date of announcement of the case filing decision; Under special circumstances, it can be extended, but the extension period shall not exceed 3 months

Article 20 compared with other operational links in industrial and agricultural production, Article 9 if the alleged measures or practices are found to constitute trade barriers as mentioned in Article 3 of these rules, MOFTEC shall take the following measures as appropriate:

(1) conduct bilateral consultations

(2) launch the multilateral dispute settlement mechanism

(III) take other appropriate measures

Article 30 the announcement made in accordance with these Rules shall contain important information, facts, reasons, basis, results and conclusions

Article 31 the investigation of investment barriers implemented by foreign (regional) governments shall be conducted with reference to these rules

Article 32 the Ministry of foreign trade and economic cooperation shall be responsible for the interpretation of these rules

Article 33 These Rules shall enter into force as of November 1, 2002