Xinhua News Agency, Beijing, March 8th title: Resistance against the countermeasures! Our country makes the first anti-discrimination investigation ruling to resolutely defend national interests
Xinhua News Agency reporters Xie Xiyao and Shen Cheng
The Ministry of Commerce issued an announcement on the 8th on the ruling of anti-discrimination investigation against Canada. After investigation, an affirmative ruling was made, and anti-discrimination measures were taken to impose additional tariffs on some goods in accordance with the law. This is the first anti-discrimination investigation in my country and the first in the world.
On the same day, the State Council’s Tariff Commission issued an announcement stating that from March 20, 2025, a 100% tariff will be imposed on rapeseed oil, oil cakes and peas originating in Canada; and a 25% tariff will be imposed on aquatic products and pork originating in Canada.
“This investigation is the first time that China has used anti-discrimination investigation tools to investigate and take measures against foreign (regional) discrimination practices against China. Recently, the Ministry of Commerce has pioneered the use of new investigation tools in accordance with the legal authorization, reflecting its determination to take all necessary means to safeguard national interests and the legitimate rights and interests of enterprises.” Zhou Xiaoyan, executive vice president of the China International Investment Promotion Association, said.
Why did the investigation start? Where does the relevant legal authorization come from?
The Canadian government announced that from October 1, 2024, a 100% tariff will be imposed on electric vehicles imported from China; from October 22, 2024, a 25% tariff will be imposed on steel and aluminum products imported from China. This move seriously damaged the legitimate rights and interests of Chinese companies. In response to this, the Ministry of Commerce used foreign trade investigation tools in accordance with the law and launched the first anti-discrimination investigation against Canada on September 26, 2024 in accordance with the authorization of the Foreign Trade Law of the People’s Republic of China.
“Canada blindly follows the United States and does not conduct investigations and research at all. It is extremely subjective, extremely malicious and unscrupulous. It is an obvious discriminatory prohibition and restrictive measure. We initiated an “anti-discrimination investigation” to take compliant and legal measures to defend the legitimate rights and interests of Chinese companies.” Liang Ming, director of the Institute of Foreign Trade Research Institute of the Ministry of Commerce Research Institute, said.
Zhou Xiaoyan introduced that from the perspective of domestic laws, according to the relevant provisions of the Foreign Trade Law of the People’s Republic of China, if other countries or regions take discriminatory measures in trade, foreign trade investigations can be initiated in accordance with the law and corresponding measures can be taken to prompt relevant countries or regions to re-examine until their trade restrictions are lifted.
Article 7 of them stipulates that if any country or region takes 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 the country or region according to actual conditions.
Article 36 stipulates that in order to maintain foreign trade order and implement the above provisions, the competent department of the State Council may initiate relevant investigations on its own or in conjunction with other relevant departments of the State Council.
Article 37 stipulates that if a foreign trade investigation is initiated, the foreign trade department of the State Council shall issue an announcement. The investigation can be conducted in written questionnaires, hearings, field investigations, commissioned investigations, etc. The State Council’s foreign trade department shall submit an investigation report or make a handling ruling based on the investigation results and issue an announcement.
From the perspective of international rules, the basic principles of the WTO mainly include “non-discriminatory”, “fair trade” and “transparency”. Canada’s move seriously violates the three basic principles of the WTO and openly provokes the international trade order. China conducts anti-discrimination investigations and takes corresponding measures to both legality in domestic law and legitimacy in international law.
As China’s first anti-discrimination investigation, what is the detailed investigation?
The announcement issued by the Ministry of Commerce on the 8th is 21 pages long, detailing the procedures of this investigation, the measures under investigation, the discriminatory analysis of the measures under investigation, the impact of the measures under investigation, the suggestions of anti-discrimination measures, and the conclusions of the investigation.
“Unlike the Canadian side’s imposition of tariff restrictions on some imported products from China without investigation, the Ministry of Commerce has drawn conclusions through full investigation.” Zhou Xiaoyan said that in this survey, the Ministry of Commerce collected official documents and related materials of the Canadian government and the political and business community through questionnaires and receiving comments, counted the situation of 205 tax number products and customs data in three categories affected by the Canadian measures, and investigated the impact of domestic industries and enterprises. A total of 5 business associations and 165 domestic enterprises participated in the survey and submitted comments and answers.
The reporter learned from the Ministry of Commerce that China has repeatedly opposed Canada’s restrictive measures. Despite China’s repeated opposition and dissuasion, Canada has taken discriminatory restrictions on related electric vehicles, steel and aluminum imported from China without investigation, undermining bilateral economic and trade relations and disrupting normal trade order. In response to the Canadian side’s arbitrary tariff imposition, the Ministry of Commerce announced that it would take corresponding measures to ultimately impose tariffs on some Canadian imported products.
After investigation, the Ministry of Commerce believes that the Canadian side’s investigation measures are obviously discriminatory in terms of policy goals, procedure setting, and implementation of measures, and the Canadian side’s measures constitute the circumstances stipulated in Article 7 of the Foreign Trade Law of the People’s Republic of China. A spokesperson for the Ministry of Commerce said that China urges Canada to correct its wrong practices immediately, cancel restrictions, and eliminate adverse effects.
On the day the Ministry of Commerce issued the announcement, six major business associations including China Minmetals Chemical Import and Export Chamber of Commerce, China Automobile Industry Association, China Mechanical and Electrical Products Import and Export Chamber of Commerce, China Nonferrous Metals Industry Association, China Food, Local and Animal Import and Export Chamber of Commerce, and China Steel Industry Association immediately spoke out, expressing its firm support for the Ministry of Commerce’s ruling on Canada’s anti-discrimination investigation.
“Through this investigation, China has established an anti-discrimination investigation system in the field of trade law, enriching China’s means to defend national rights and interests and safeguard industrial interests.” Zhou Xiaoyan said.
[Editor in charge: Dong Jing]
