The Peoples Republic of China Safeguard Measures Regulations
The Peoples Republic of China Safeguard Measures Regulations were jointly promulgated by the Central People’s Government, the State Council and the Ministry of Commerce in April 2004 and amended in March 2008. The Regulations are intended to provide legal basis and procedural requirements for the implementation of safeguard measures, i.e. measures to protect domestic industries from sudden surges in imports and to prevent serious injury or livelihood threats posed to domestic industries.
The Regulations are divided into 10 Chapters and 84 Articles, which deal with general principles, investigation, decision-making, application of safeguard measures, enforcement of safeguard measures, review and revocation of safeguard measures, filing and settlement of disputes, supplementary provisions, etc.
The Regulations list in detail who is entitled to request an investigation, the contents of an investigation, the qualifications of an investigator, and the contents of a report. Furthermore, the Regulations clarify the procedure for the Ministry of Commerce to accept and review a request for an investigation, the scope, duration and range of safeguard measures and their enforcement period, the exemption from safeguard measures, the rights and obligations of the parties involved, and dispute settlement.
In addition, despite its short duration, the Regulation contains detailed and complex procedures that allow the Ministry of Commerce to obtain more complete and accurate evidence before making a decision. As provided in the Regulation, stakeholders must submit and support their claims in detail and the Ministry of Commerce has the right to request further information. This kind of requirement makes it difficult for stakeholders to use flaws in the procedure to avoid investigation or to delay progress.
The Peoples Republic of China Safeguard Measures Regulations are an important legal instrument to ensure proper safeguard practices in China. Specifically, it provides the Ministry of Commerce with effective guidance to review and handle safeguard measures in a timely and proper manner. At the same time, the Regulations balance the interests of trading parties, especially exporters, by specifying that only merits are considered during the investigation. As a result, China aspires to protect its domestic industries from injury caused by unfair trade practices while taking into account the interests of the international community.
