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the ministry of commerce has decided to launch an anti-discrimination investigation into canada

2024-09-26

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the ministry of commerce issued an announcement that the preliminary evidence and information obtained by the ministry of commerce showed that the additional tariffs and other restrictive measures that canada will take on relevant electric vehicles and steel and aluminum products imported from china meet the provisions of article 7 of the foreign trade law of the people's republic of china, which stipulates that "discriminatory prohibitions, restrictions or other similar measures are taken against the people's republic of china in trade." in accordance with relevant regulations, the ministry of commerce decided to launch an anti-discrimination investigation on canada's relevant investigated measures from september 26, 2024. the objects of this investigation are the additional tariffs and other restrictive measures that canada will take on relevant products imported from china, including but not limited to: from october 1, 2024, a 100% additional tax will be imposed on all electric vehicles manufactured in china; from october 15, 2024, a 25% additional tax will be imposed on steel and aluminum products imported from china; and restrictions on the scope of countries that can enjoy canada's clean energy vehicle subsidies. in addition, the canadian government has launched a 30-day public consultation on the taxation of batteries and battery components, solar products, semiconductors and key minerals imported from china since september 10, and the relevant measures taken by the canadian government in the future are also within the scope of this investigation.

full text:

according to article 7 and article 36 of the foreign trade law of the people's republic of china, if any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the people's republic of china in terms of trade, the people's republic of china may take corresponding measures against that country or region based on actual circumstances. the ministry of commerce may initiate relevant investigations on its own or in conjunction with other relevant departments of the state council.

preliminary evidence and information obtained by the ministry of commerce show that canada's restrictive measures such as imposing additional tariffs on imports of relevant electric vehicles and steel and aluminum products from china (hereinafter referred to as the relevant investigated measures) meet the provisions of article 7 of the foreign trade law of the people's republic of china, which stipulates "discriminatory prohibitions, restrictions or other similar measures against the people's republic of china in trade."

in accordance with articles 36 and 37 of the foreign trade law of the people's republic of china, the ministry of commerce has decided to initiate an anti-discrimination investigation into canada's relevant investigated measures from september 26, 2024. the relevant matters are hereby announced as follows:

i. measures under investigation

the objects of this investigation are the restrictive measures such as additional tariffs that canada will take on relevant products imported from china, including but not limited to:

(a) from october 1, 2024, a 100% additional tax will be imposed on all electric vehicles manufactured in china.

(ii) from october 15, 2024, a 25% additional tax will be imposed on steel and aluminum products imported from china.

(iii) limiting the scope of countries that can enjoy canada’s clean energy vehicle subsidies.

in addition, the canadian government launched a 30-day public consultation on september 10 on the imposition of tariffs on batteries and battery components, solar products, semiconductors and key minerals imported from china. the relevant measures subsequently taken by the canadian government are also within the scope of this investigation.

ii. investigation procedure

according to article 37 of the foreign trade law of the people's republic of china, investigations can be conducted through written questionnaires, hearings, field investigations, commissioned investigations, etc. the ministry of commerce will submit an investigation report or make a ruling based on the investigation results and issue an announcement.

iii. investigation period

the investigation will start on september 26, 2024. the investigation period is usually 3 months, which may be extended appropriately in special circumstances.

iv. accessing public information

during the investigation, interested parties may query the public information of the case through the sub-website of the trade remedy investigation bureau on the website of the ministry of commerce, or go to the trade remedy public information reading room of the ministry of commerce (tel: 0086-10-65197878) to search, read, transcribe and copy the public information of the case.

v. submit comments

interested parties may submit their comments on the case filing and investigation procedures in writing to the trade remedy investigation bureau of the ministry of commerce within 30 days from the date of publication of this announcement.

to ensure the fairness, impartiality, openness and transparency of this investigation, interested parties may fill in the comment form (see attachment) in writing and submit it to the trade remedy investigation bureau of the ministry of commerce within 30 days from the date of publication of this announcement.

6. request for hearing

an interested party may submit a hearing application in writing to the trade remedy investigation bureau of the ministry of commerce within 20 days from the date of publication of this announcement.

vii. intergovernmental consultations

in order to eliminate and remedy the impact caused or may be caused by the investigated measures, the canadian government may submit an application for intergovernmental consultations with the chinese government in written form to the ministry of commerce (trade remedy investigation bureau) within 30 days from the date of publication of this announcement.

8. submission and processing of information

when interested parties submit comments, questionnaires, etc. during the investigation process, they should submit an electronic version through the "trade remedy investigation information platform" (https://etrb.mofcom.gov.cn), and submit a written version at the same time according to the requirements of the ministry of commerce. the electronic version and the written version should have the same content and the same format.

if an interested party believes that the information it provides will have a serious adverse impact after being leaked, it may apply to the ministry of commerce to treat it as confidential information and explain the reasons. if the ministry of commerce agrees to its request, the interested party applying for confidentiality shall also provide a non-confidential summary of the confidential information. the non-confidential summary shall contain sufficient and meaningful information so that other interested parties can have a reasonable understanding of the confidential information. if a non-confidential summary cannot be provided, the reason shall be stated. if the information submitted by the interested party does not state that it needs to be kept confidential, the ministry of commerce will regard the information as public information.

ix. contact information

address: no. 2 east chang'an avenue, beijing

zip code: 100731

trade remedy investigation bureau of the ministry of commerce

tel: 0086-10-65198054, 65198475, 85093421

fax: 0086-10-65198172

related website: trade remedy investigation bureau sub-website of the ministry of commerce website (http://trb.mofcom.gov.cn)

ministry of commerce of the people's republic of china

september 26, 2024