ChapterⅦ Foreign Trade Investigation
Article 37 In order to maintain the foreign trade order, the foreign trade department of the State Council may investigate into the following matters by itself or jointly with other relevant departments of the State Council in accordance with the laws and administrative regulations:
（1）The impact of the import or export of goods or technology or international service trade on domestic industries and the competitiveness thereof;
（2）The trade barriers of relevant countries or regions;
（3）The matters that need to be investigated into for the purpose of determining whether it is necessary to take such foreign trade relief measures as antidumping, countervailing, or safeguard measures, etc.;
（4）The evasion of trade relief measures;
（5）The matters of foreign trade that concern the security or interest of the state;
（6）The matters that need to be investigated into for the purpose of implementing Article 7, Paragraph 2 of Article 29, Article 30, Article 31, Paragraph 3 of Article 32, and Paragraph 3 of Article 33; and
（7）Any other matter that need to be investigated into as a result of affecting the foreign trade order.
Article 38 When a foreign trade investigation is initiated, an announcement shall be issued by the foreign trade department of the State Council.
An investigation may be made by way of written questionnaires, holding hearings, making site investigations, and entrusting other people to make the investigation, etc.
The foreign trade department of the State Council may, based on the result of investigation, put forward an investigation report or make a ruling, and make an announcement for it.
Article 39 Relevant entities and individuals shall offer cooperation and assistance in foreign trade investigations.
The foreign trade department of the State Council and other departments of the State Council as well as the functionaries thereof shall, in the process of foreign trade investigations, be obliged to keep to themselves the state secrets and commercial secrets that they have access to.
ChapterⅧ Foreign Trade Relief
Article 40 The state may take appropriate trade relief measures according to the result of foreign trade investigations.
Article 41 In case any of the products of any country or region is dumped into China at an abnormally low price and thus causes substantial injury or the threat of substantial injury to an established domestic industry, or substantially impedes the establishment of a domestic industry, the state may take antidumping measures so as to eliminate or alleviate such injury or threat of injury or impediment.
Article 42 In case any product of any country or region is exported to any third country at an abnormally low price and thus causes substantial injury or the threat of substantial injury to an established domestic industry, or substantially impedes the establishment of a domestic industry, the foreign trade department of the State Council may, as per the request of the corresponding domestic industry, hold negotiations with the government of the third country, and urge it to take appropriate measures.
Article 43 Where any imported product is given, directly or indirectly, any special subsidy by the exporting country or region in any form, and thus causing substantial injury or threat of substantial injury to an established industry, or substantially impeding the establishment of a domestic industry, the state may take countervailing measures so as to eliminate or alleviate such injury or threat of injury or impediment.
Article 44 In case the sharp increase of any imported product brings about any serious injury or threat of serious injury to the domestic industry that produces identical product or directly competing products, the state may take necessary safeguarding measures so as to eliminate or alleviate such injury or threat of injury, and may provide necessary support to the industry concerned.
Article 45 In case the increase of any service provided by any service provider of any country or region to China has caused injury or threat of injury to the domestic industry that provides identical service or directly competing services, the state may take necessary relief measures so as to eliminate or alleviate such injury or threat of injury.
Article 46 In case the import of any product to into China increases sharply as a result of the restriction of import by any third country, and thus causes injury or threat of injury to an established domestic industry, or substantially impedes the establishment of a domestic industry, the state may take necessary measures to restrict the import of the product.
Article 47 Where any country or region that has entered into any economic or trade treaty or agreement with the People’s Republic of China violates the treaty or agreement so that the interest enjoyable by the People’s Republic of China according to the treaty or agreement is lost or injured or the achievement of the objective of the treaty or agreement is impeded, the government of the People’s Republic of China is entitled to demand the country or region concerned to take appropriate measures of relief, and may suspend or terminate the performance of relevant obligations according to the relevant treaties or agreements.
Article 48 The foreign trade department of the State Council is, according to the provisions of the present Law or other relevant laws, responsible for the bilateral or multilateral discussions, negotiations, and dispute settlement.
Article 49 The foreign trade department of the State Council and other relevant departments of the State Council shall establish an emergency prewarning mechanism of the import and export of goods, technology, and international service trade so as to deal with the abrupt or abnormal situations in foreign trade and safeguard the economic security of the state.
Article 50 For the acts of evading the trade relief measures as provided for in the present Law, the state may take necessary anti evasion measures.
