The Ministry of Commerce (MOFCOM) has drafted the Rules for Anti-Circumvention Investigation of Trade Remedy Measures (Draft for Comment) (the "Draft") to solicit public opinions by August 29, 2025.
The Draft clarifies that, the MOFCOM (e.g., the investigation authority) shall conduct investigations according to these rules and lawfully take anti-circumvention measures. Six forms of circumvention are identified in these rules, such as "processing and assembling in China". If any circumvention is identified upon investigation, measures in five categories may be adopted, such as "applying the original trade remedy measures to the parts or raw materials imported from the countries (regions) subject to trade remedy measures". Meanwhile, the Draft specifies that applications for anti-circumvention investigations shall be submitted in writing after the implementation of trade remedy measures. In general, the investigation authority shall decide whether to initiate an investigation within 60 days upon receiving an application for anti-circumvention investigation. Typically, an anti-circumvention investigation will be concluded within 12 months from the date of initiation.