Foreign Trade Law of the peoples Republic of China 中华人民共和国对外贸易法（修订）

ogies， and international trade in services；

　　（2）trade barriers erected by relevant countries or regions；

　　（3）matters needing to be investigated in order to determine whether such foreign trade remedies as anti-dumping， countervailing duties and safeguards should be taken in accordance with law；

　　（4）acts circumventing fo

reign trade remedied；

　　（5）matters concerning State security and interests in foreign trade；

　　（6）matters needing to be investigated in order to enforce the provisions in Article 7， the second paragraph of Article 29， Articles 30 and 31， the third paragraph of Article 32 and of Article 33；and

　　（7）other matters that may have an impact on foreign trade order.

　　Article 38 The initiation of a foreign trade investigation shall be announced by the department for foreign trade under the State Council.

　　The investigation may be conducted in the form of written questionnaire， hearing， on-the spot investigation， entrusted investigation， etc.

　　The department for foreign trade under the State Council-shall， based on the findings， submit an investigation report or make a ruling， and make the matter known to the public.

　　Article 39 The units and individuals concerned shall cooperate and assist in foreign trade investigation.

　　The department for foreign trade under the State Council and the relevant department under the State Council and their staff members shall have the obligation to keep confidential the State secrets and business secrets they come to know in the court of foreign trade investigation.

　　Chapter Ⅷ Foreign Trade Remedies

　　Article 40 The State may， based on the findings of foreign trade investigation， take appropriate measures of foreign trade remedies.

　　Article Where a product from another country or region is dumped into domestic market at a price lower than its normal value， thus causing or threatening to cause substantive damage to an established domestic industry， or presenting a substantive impediment to the establishment of a domestic industry， the State may take anti-dumping measures to eliminate or mitigate such damage， threat of damage， or impediment.

　　Article 42 Where a product form another country or region is exported to the market of a third country at a price lower than its normal value， thus causing or threatening to cause substantive damage to an established domestic industry， or presenting a substantive impediment to the establishment of a domestic industry， the department for foreign trade under the State Council may， in response to the application submitted by the domestic industry， conduct consultations with the government of that third country and request it to take appropriate measures.

　　Article 43 Where an imported product to which specific subsidies of any form are directly or indirectly granted by the exporting country or region cause or threatens to cause substantive damage to an established domestic industry， or presents a substantive impediment to the establishment of a domestic industry， the State may take countervailing measures to eliminate or mitigate such damage or threat of damage， or impediment.

　　Article 44 Where the substantial increase in the quantities of an imported product causes or threatens to cause serous damage to a domestic producer of like product or a manufacturer of a product directly competitive to the imported one， the State may take the necessary safeguard measures to eliminate or mitigate such damage or threat of damage or threat of damage and， at the same time， provide the industry concerned with the necessary support.

　　Article 45 Where the increase in the services provided to China by the service supplier of another country or region causes or threatens to cause damage to the domestic industry that provides like or directly competitive services， the State may take the necessary remedies measures to eliminate or mitigate such damage or threat of damage.

　　Article 46 Where the substantial increases in the quantities of a certain product imported into the domestic market， as a result of the restrictions imposed by a third county on its import， causes of threatens to cause damage to an established domestic industry， or presents a impedime

nt to the establishment of a domestic industry， the State may take the necessary remedies measures to restrict the import of the said product.

　　Article 47 Where a county or region that has signed or jointly acceded to the economic and trade treaties or agreements with the people's Republic of China violates the provisions of such treaties and agreements and thus causes losses or damage to the interests the people's Republic of China is entitled to under these treaties and agreements， or impedes the achievement of the objectives set in the treaties and agreements， the government of the people's Republic of China has the right to request the government of the country or region concerned to take appropriate remedies measures and may suspend or terminate its performance of relevant obligations in compliance with the relevant treaties and agreements.

　　Article 48 The department for foreign trade under the State Council shall， in accordance with the provisions of this law and relevant laws carry ort bilateral or multilateral foreign trade consultations and negotiations and settle disputes over such trade.

　　Article 49 The department for foreign trade under the State Council and the relevant departments under the State Council shall establish precaution and emergency mechanism for the import and export of goods and of technologies and for the international trade in services to cope with unexpected and unusual situations in foreign trade and safeguard the economic security of the State.

　　Article 50 The State may take the necessary anti-circumvention measures against the activities that circumvent the foreign trade remedies measures prescribed in this Law.

　　Chapter Ⅸ Promotion of Foreign Trade

　　Article 51 The State formulates strategies for the development of foreign trade， and establishes and improves the mechanism for promoting foreign trade.

　　Article 52 The State， in light of the need for the development of foreign trade， establishes and improves financial institutions in the service of foreign trade and establishes development fund and risk fund for foreign trade.

　　Article 53 The State develops foreign trade by meads of import and export credit， export credit insurance， export tax refund and other means designed to promote foreign trade.

　　Article 54 The State establishes a system of public information service for foreign trade， proving foreign trade dealers and the public with information services.

　　Article The State takes measures to encourage foreign trade dealers to exploit international market， and extend foreign trade by a variety of means such as investment abroad， contract for foreign construction projects and overseas labor service cooperation.

　　Article 56 Foreign trade dealers may establish or join relevant associations or chambers of commerce in accordance with law.

　　The relevant associations and chambers of commerce shall observe laws and administrative regulations； in compliance with their articles of association， provide their members with foreign-trade-related services in production， marketing， information， training， etc.； play the role of coordination and self-discipline； submit applications for foreign trade remedied measures according to law； safeguard the interest of their members and the industry； report to relevant government departments suggestions made by their members regarding foreign trade； and carry out activities for promotion of foreign trade.

　　Article 57 The organization for the promotion of international trade in China shall， in accordance with its articles of association， develop external relations， hold exhibitions， provide information and advisory services and carry ort other activities to promote foreign trade.

　　Article 58 The State supports and facilitates small and medium-sized enterprises to develop foreign trade.

　　Article 59 The State supports and promotes the dev

elopment of foreign trade in ethnic autonomous regions and economically under-developed areas.

　　Chapter Ⅹ Legal Responsibility

　　Article 60 The department for foreign trade under the State Council or the relevant department under the State Council may impose a fine of not more than RMB50，000 Yuan on enterprise that， in violation or the provisions in Article 11 of this Law and without authorization， imports or exports the goods subject to control of State-operated trading， and if the circumstances are serious， it may， within three years from the date the administrative penalty decision takes effect， refuse to accept the application submitted by the offender for engaging in the business of import and export of the goods subject to control of State-operated trading， of may withdraw the authorization granted to the offender for the import and export of other goods subject control of State-operated trading.

　　Article 61 Any dealer who imports or export the goods the import and export of which are prohibited or， without authorization， imports or exports the goods import and export of which are restricted shall be dealt with and penalized by the Customs in accordance with the provisions of relevant laws and administrative regulations； if its act constitutes a crime， it shall be investigated for criminal responsibility according to law.

　　Any dealer who imports or exports the technologies the imports and export of which are prohibited or

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/