中华人民共和国对外贸易法（修订） PRC, Foreign Trade Law (Revised)

il department in charge of foreign trade.

　　Investigation may be conducted by means such as written questionnaire， hearings， on-site investigation and investigation through entrustment.

　　The State Council department in charge of foreign trade shall， in accordance with investigation results， issue an in

vestigation report or render a ruling on handling， and publish an announcement thereof.

　　Article 39　Relevant work units and individuals shall provide cooperation and assistance during foreign trade investigation.

　　When conducting foreign trade investigation， the State Council department in charge of foreign trade， other relevant departments of the State Council and their working personnel shall have the obligations of maintaining the confidentiality of the State secrets and trade secrets that come to their knowledge.

　　PART EIGHT　FOREIGN TRADE REMEDIES

　　Article 40　The State may adopt appropriate foreign trade remedial measures in accordance with foreign trade investigation results.

　　Article 41　Where products of another country or region imported into the market of China at prices lower than their normal value by way of dumping result in substantial injury or threat of substantial injury to a related domestic industry that has already been established， or substantially impede the establishment of a related domestic industry， the State may adopt anti-dumping measures to eliminate or mitigate such injury， threat of injury or impediment.

　　Article 42　Where products of another country or region exported to the market of a third country at prices lower than their normal value result in substantial injury or threat of substantial injury to a related domestic industry that has already been established， or substantially impede the establishment of a related domestic industry， the State Council department in charge of foreign trade may， in response to applications by the domestic industries， conduct consultation with the government of the third country and request for its adoption of appropriate measures.

　　Article 43　Where imported products that directly or indirectly accept specific subsidies granted in any form by the exporting countries or regions result in substantial injury or threat of substantial injury to a related domestic industry that has already been established， or substantially impede the establishment of a related domestic industry， the State may adopt anti-subsidy measures to eliminate or mitigate such injury， threat of injury or impediment.

　　Article 44　Where a large increase in the quantity of imported products results in serious injury or threat of serious injury to a related domestic industry that produces similar or directly competitive products， the State may adopt necessary safeguard measures to eliminate or mitigate such injury or threat of injury， and may also provide necessary support to the domestic industry.

　　Article 45　Where an increase in the services provided to China by service providers of another country or region results in injury or threat of injury to a related domestic industry that provides similar or directly competitive services， the State may adopt necessary remedial measures to eliminate or mitigate such injury or threat of injury.

　　Article 46　Where a large increase in the import of certain products into the market of China due to restriction on import of a third country results in injury or threat of injury to a related domestic industry that has already been established， or substantially impede the establishment of a related domestic industry， the State may adopt necessary remedial measures to restrict the import of such products.

　　Article 47　Where a country or region that has concluded or jointly acceded to an economic and trade treaty or agreement with the People's Republic of China violates the provisions thereof， leading to the loss of or damage to the interests that the People's Republic of China is entitled to according to such treaty or agreement， or impediment of the realization of goals thereof， the government of the People's Republic of China shall have the right to request the government of the relevant country or region to adopt appropriate remedial measures， and may suspend or terminat

e the performance of relevant obligations according to such treaty or agreement.

　　Article 48　The State Council department in charge of foreign trade shall conduct bilateral or multilateral consultation， negotiation and resolution of disputes regarding foreign trade in accordance with the provisions of this Law and other relevant laws.

　　Article 49　The State Council department in charge of foreign trade and other relevant departments of the State Council shall establish an alarm and contingency mechanism for import and export of goods， technology and international service trade， in order to cope with sudden and unusual circumstances in foreign trade activities and safeguard State economic security.

　　Article 50　The State may adopt counter-evasion measures against acts of evasion of the foreign trade remedial measures stipulated herein.

　　PART NINE　PROMOTION OF FOREIGN TRADE

　　Article 51　The State shall formulate foreign trade development strategies and establish and improve the mechanism for promotion of foreign trade.

　　Article 52　The State shall establish and improve financial institutions serving foreign trade operations， and establish foreign trade development funds and risk funds in accordance with the needs of the development of foreign trade.

　　Article 53　The State shall use import and export credits， export credit insurance， export tax refunds and other methods for promoting foreign trade to develop foreign trade.

　　Article 54　The State shall establish foreign trade public information service system to provide information services to foreign trade operators and other public.

　　Article 55　The State shall adopt measures to encourage the exploration of international markets by foreign trade operators， and shall use various means such as overseas investment， contracting of foreign projects and foreign labour cooperation to develop foreign trade.

　　Article 56　Foreign trade operators may establish and join relevant associations and chambers of commerce in accordance with the law.

　　The relevant associations and chambers of commerce shall abide by laws and administrative regulations， provide their members with services related to foreign trade in areas such as production， marketing， information and training according to the articles of association， bring coordination and self-discipline into full play， submit applications for foreign trade remedial measures according to law， safeguard the interests of members and the industry， put forward the suggestions of the members in relation to foreign trade to the relevant departments of the government， and engage in foreign trade promotion activities.

　　Article 57　Chinese organizations for the promotion of international trade shall， in accordance with their articles of association， develop foreign networks， hold exhibitions， provide information and consultancy services and engage in other foreign trade promotion activities.

　　Article 58　The State shall support and promote the engagement in foreign trade by small- and medium-sized enterprises.

　　Article 59　The State shall support and promote the development of foreign trade in autonomous regions of ethnic minorities and in economically underdeveloped areas.

　　PART TEN　LEGAL LIABILITY

　　Article 60　Where， in violation of Article 11 hereof， goods subject to administration of State trading are imported or exported without authorization， the State Council department in charge of foreign trade or other relevant departments of the State Council shall impose a fine of less than Rmb 50，000. Where the circumstances are serious， the department（s） may， within three years from the effective date of the decision on administrative penalty， refuse to accept applications for engaging in import and export business of goods subject to administration of State trading of the perpetrator， or revoke the authorization already granted

to such perpetrator for engaging in import and export of other goods subject to administration of State trading.

　　Article 61　Where goods that are prohibited from import and export are imported or exported， or goods under restriction of import and export are imported or exported without authorization， such act shall be handled and penalized by customs according to the provisions of the relevant laws and administrative regulations. Where a criminal offence is constituted， criminal liability shall be pursued according to law.

　　Where technology that is prohibited from import and export is imported or exported， or technology under restriction of import and export is imported or exported without authorization， such act shall be handled and penalized according to the provisions of the relevant laws and administrative regulations. Where there are no stipulations in laws or administrative regulations， the State Council department in charge of foreign trade shall order rectification， confiscate the illegal income， and impose a fine of not less than one time and not more than five times of the illegal income. Where there is no illegal income or the illegal income is less than Rmb 10，000， a fine of not less than Rmb 10，000 and not more than Rmb 50，000 shall be imposed. Where a criminal offence is constituted， criminal liability shall be pursued according to law.

　　Beginning from the effective date of the decision on administrative penalty or the effective date of the decision on crimina

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/