中华人民共和国保障措施条例(修订) PRC Safeguard Measures Regulations (Revised)1
2009-03-24 法律英语 来源:互联网 作者: ℃The total period of application of a safeguard measure and any extension thereof shall not exceed ten years.
Article 27 Where the period of application of a safeguard measure exceeds one year, the measure applied shall be progressively liberalized at regular intervals during the period of application.
Article 28 Where the period of application of a safeguard measure exceeds three years, MOFCOM shall conduct a mid-term review of the measure during the period of application.
The substance of the mid-term review shall include, among other things, review of the effect of the safeguard measure on domestic industry, and the adjustment of domestic industry.
Article 29 Where a safeguard measure takes the form of a tariff increase, MOFCOM shall, on the basis of the findings of the review, put forward in accordance with provisions hereof a proposal for retention, repeal or acceleration of the liberalization of the tariff increase, and in light of such a proposal the State Council Commission for Custom Duty Rules shall make a decision which shall be published by MOFCOM; if a safeguard measure takes the form of quantitative restriction or other forms, MOFCOM shall, on the basis of the findings of the review and in accordance with the provisions hereof, make a decision on whether or not to retain, repeal or accelerate the liberalization of the quantitative restriction and publish it.
Article 30 Where a safeguard measure is applied again to the same imported product, the interval between the current measure and the previous safeguard measure shall not be less than the period of application of the previous safeguard measure, and shall be at least two years.
Notwithstanding the foregoing provision, a safeguard measure with duration of 180 days or less may be applied to the product if following conditions are met:
1. at least one year has elapsed since the date of introduction of a safeguard measure on the import of the said product; and
2. such a safeguard measure has not been applied on the same product more than twice in the five year period immediately p
receding the date of introduction of the measure.
PART FIVE SUPPLEMENTARY PROVISIONS
Article 31 Where any country (region) discriminatorily applies safeguard measures on exports from the People's Republic of China, the People's Republic of China may, based on the actual situations, adopt corresponding measures toward that country (region)。
Article 32 MOFCOM is responsible for the foreign-related consultations, notification and dispute settlement concerning safeguard measures.
Article 33 MOFCOM may, in accordance with these Regulations, formulate specific implementing measures thereof.
Article 34 These Regulations shall be effective as of 1 January 2002
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