2

laws, regulations, rules, decrees, administrative guidance and policies that are published and readily available to other governments and foreign traders will be enforced.

3. Publication of new laws, regulations, rules, decrees, administrative guidance and policies governing the matters set forth in paragraph 1 shall take place before these measures are effective. Any publication under paragraphs 1 or 2 shall include the effective date of these measures, the products affected by a particular measure identified by tariff line, and all authorities that must approve or be consulted before action is taken and provide a contact point within each authority from which relevant information can be obtained.

4. The Chinese Government will designate an official journal dedicated to the publication of the items referred to in this Article and all such items will be published in this journal. The Chinese Government will publish this journal on a regular basis and make copies of the issues of this journal readily available to domestic and foreign nationals.

5. The U.S. Government and the Chinese Government shall administer in a uniform, impartial and reasonable manner all their respective laws, regulations, decisions and rulings of the kind described in paragraph 1 of this Article.

6. The Chinese Government will maintain administrative and judicial tribunals and procedures for the purpose, inter alia, of the prompt review and correction of administrative action relating to customs matters, including customs valuation, or any other matters covered by Article II of the MOU, such as application of unauthorized controls.

These procedures shall include the opportunity for appeal, without penalty, by persons affected by the relevant decision. If the initial right of appeal is to an administrative body, there shall also be the opportunity for appeal of the decision to a judicial body. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing. The appellant shall also be informed of the right to any further appeal.

ARTICLE II

QUANTITATIVE RESTRICTIONS ON IMPORTS

1. Pursuant to the People's Republic of China's policy of bringing its trade regime into line with international standards, the Chinese Government:

(i) will eliminate all import restrictions, quotas, licensing requirements, and controls for the product categories listed in the Annex to this MOU according to the schedule provided in that Annex. In the interim, any

Share This Page