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World Trade
Organization
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G/ADP/N/1/CHN/2/Suppl.1
18 February 2003
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(03-1045)
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Committee on
Anti-Dumping Practices
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Original: English
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notification of laws and
regulations under
articles 18.5 and 32.6 of
the agreements
people’s republic of china
Supplement
The following communication, dated 14 February 2003, has been
received from the Permanent Mission of the People's Republic of China.
______________
With reference to Article 18.5 of the Agreement on Implementation
of Article VI of the GATT 1994, I have the honour to notify the
Committee on Anti-dumping Practices the full text in English of the
provisional rules of P.R. China on anti-dumping.
Please note that the provisional rules are authentic only in
Chinese and that the English translations are for reference only by WTO
Members.
TABLE OF CONTENTS
Page
Provisional Rules of Ministry of Foreign Trade and Economic Cooperation
on Initiation of Antidumping Investigations..................................................................................................................
3
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Questionnaire in Antidumping
Investigations................................................................................................................
10
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Public Hearing in Antidumping
Investigations.........................................................................................
14
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Sampling in Antidumping Investigations................................................................................................................
17
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Disclosure of Information In
Anti-dumping Investigations........................................................................................
20
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on On-the-spot Verification In Anti-Dumping
Investigations.......................................................................................
22
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Access to Non-Confidential Information
In Anti-dumping Investigations...............................................................
25
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Price Undertakings In Antidumping
Investigations.........................................................................................
27
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on New Shipper Review In Anti-dumping
Investigations................................................................................................
32
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Refund of Anti-dumping Duty......................................................................................................................................
36
Provisional Rules of Ministry of Foreign
Trade & Economic Cooperation on Interim Review of Dumping and Dumping
Margin...................................................................................................
39
Article 1
With a view to regulating the procedure of application and
initiation of an antidumping investigation, these Rules are formulated
in accordance with provisions of the “Anti-dumping Regulation of the
People’s Republic of China”.
Article
2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as MOFTEC) delegates the Bureau of Fair Trade
for Imports and Exports to be responsible for implementation of these
Rules.
Article 3
MOFTEC may initiate an anti-dumping investigation upon an
application filed by the applicant or may also initiate such an
investigation on its own initiative.
Article 4
Domestic industry or natural person, legal person or relevant
organizations representing the domestic industry (hereinafter referred
to as “the applicant”) may file an application for an anti-dumping
investigation.
Article 5
Domestic industry refers to the domestic producers as whole of
the like product in the People’s Republic of China, or to those
producers whose collective output of the products constitutes more than
50 per cent of the total domestic production of the like product.
Article 6
Where the collective output of the applicants accounts for less
than 50 per cent of the total domestic production of the like product,
the application shall be regarded as being made on behalf of the
domestic industry if it is supported by those domestic producers whose
collective output constitutes more than 50 per cent of the total
production made by that portion of the domestic industry expressing
either support or opposition to the application, and if the production
of the domestic producers expressing support to the application accounts
for no less than 25 per cent of the total production of the like
product.
The
production of the applicant shall be counted while the output of the
production of the domestic producers supporting the application provided
for in Paragraph 1 of this Article is to be established.
Article 7
In case the domestic industry is fragmented and involving a large
number of producers, MOFTEC may examine the standing of the applicant by
using statistically valid sampling method.
Article 8
Where domestic producers are related to the exporters or
importers or are themselves importers of the allegedly dumped import,
they may be excluded from the domestic industry.
Article 9
The producers located in a certain area of the domestic market
may be regarded as a separate industry if they sell all or almost all of
their production of the like product in that market, and the demand for
the like product in that market is not to any substantial degree
supplied by the producers located elsewhere in China.
Article 10
An application for an anti-dumping investigation shall be filed
in a written form. The application shall contain a formal request to the
MOFTEC expressing applicant’s intent to initiate an anti-dumping
investigation, and shall be sealed or signed by the applicant or its
legally authorized person.
Article 11
The application for an anti-dumping investigation shall contain
the following information together with relevant supporting materials:
(1)
Identity of the applicant;
(2)
Known producers, exporters and importers of the allegedly dumped import;
(3)
Complete description of the allegedly dumped import, the domestic like
product and comparison between them;
(4)
Dumping and dumping margin;
(5)
Injury suffered by the domestic industry;
(6)
Causal link between dumping and injury;
(7)
Other information the applicant considers necessary to address in the
application.
Article 12
The description of the identity of the applicant shall contain
the following supporting materials:
(1)
Applicant’s name, legal representative, address,
telephone number, facsimile number, post code, contact person, etc.;
(2)
Where an attorney at law is appointed by the applicant, the attorney’s
name, his/her identity and other information shall be specified and the
Power of Attorney be provided;
(3)
Volume of the production of the like product produced by the applicant
in the last three years prior to the submission of the application and
its proportion it accounts for in the total volume of the domestic
production of the like product;
(4)
List of all known domestic producers of the like product; if the
domestic producers of the like product have organized an association or
a chamber of commerce, the relevant information concerning that
association or chamber of commerce, such as the name, address, telephone
number, facsimile number, postcode and contact person, etc;
Article 13
With regard to the known producers, exporters and importers of
the alleged dumped import, the applicant shall provide the following
supporting materials:
(1)
General description of the allegedly dumped import;
(2)
Information concerning the known producers, exporters, and importers of
the allegedly dumped import, such as their names, legal representatives,
addresses, telephone numbers, facsimile numbers, post codes and contact
persons, etc.
Article 14
With respect to the description of the allegedly dumped import,
the domestic like product and the comparison between, the applicant
shall provide the following supporting materials:
(1)
Full description of the allegedly dumped import, including product name,
types, specification, usage and market situation, and the Customs Code
of the People’s Republic of China, etc.;
(2)
Countries (regions) of origin or the exporting countries (regions) of
the allegedly dumped import;
(3)
Full description of the domestic like product, including the product
name, types, specification, usage and market situation, etc.;
(4)
Comparison on similarities and differences between the allegedly dumped
import and the domestic like product, including physical
characteristics, chemical
property, production and processing technology, substitutability, price
and usage, etc.
Article 15
With regard to the export price, the applicant shall provide the
price of the allegedly dumped import actually paid or payable during a
period of 12 months prior to the submission of the application.
The
supporting documents mentioned above may be provided by the way of
actual transaction price, price quotation, price list, the Customs
statistics, and the statistic data from authoritative institutions or
magazines, etc.
Article 16
With regard to the normal value, the applicant shall provide the
comparable price in the ordinary course of trade of the like product for
consumption in the exporting countries (regions) or countries (regions)
of origin; where there is no comparable price or such price can not be
obtained, the applicant shall provide the constructed value of the
allegedly dumped import or the price for export to a third country.
The
supporting documents provided by the applicant for the constructed value
of the allegedly dumped import shall include evidence of cost of
production and reasonable expenses for the product in question. When the
actual constructed value cannot be obtained, the applicant may calculate
it on the basis of its own factors of production, the prevailing prices
of these factors in the exporting countries (regions) or in the
international market.
The
supporting documents mentioned above may be provided by the way of
actual transaction price, price list or the statistic data from the
authoritative institutions or magazines, etc.
Article 17
With regard to the price adjustments and price comparison, the
applicant shall make an appropriate adjustment for the differences
between normal value and export price with respect to the sales
conditions, terms, taxes, level of trade, quantities and physical
characteristics, etc. The comparison between the normal value and the
export price shall be made at as nearly as possible the same level of
trade, the same time and at the ex-factory level.
Article 18
The applicant shall make a preliminary estimation of dumping
margin, which shall be obtained by using the methodology of the adjusted
weighted average normal value minus the adjusted weighted average export
price, divided by the weighted average CIF export price.
The
applicant shall provide an explanation if other calculation
methodologies are applied.
Article 19
The assessment of injury caused to the domestic industry
includes, inter alia, the
types of the injury (material injury, threat of material injury or
material retardation of the establishment of a domestic industry),
changes of import volume and price of the allegedly dumped import, its
effect on price of the domestic like product, and its impact on the
relevant economic factors and indices having a bearing on the state of
the domestic industry.
Article 20
Where the application is filed on the basis of material injury
caused to the domestic industry, the applicant shall provide the
following evidence:
(1)
Increase of import of the allegedly dumped product either in absolute
volume or relative to production or consumption of the domestic like
product, the import volume and changes in the last 3 years prior to the
submission of the application, the diagram of curves concerning the
above-mentioned fluctuation of the quantities, etc.;
(2)
Average price of sales of the allegedly dumped import in domestic market
of China and its fluctuation curves, etc. in the last 3 years prior to
the submission of the application;
(3)
Impact of the price of the allegedly dumped import on the price of the
domestic like product, including the price undercutting of the domestic
like product, the depressing and suppressing effect on the price of the
domestic like product and the impact on the price movement of the
domestic product.
(4)
Impact of the allegedly dumped import on the economic indices or factors
relevant to the domestic industry, including the actual or potential
decline of sales, profit, output, market shares, productivity, return on
investment or utilization of capacity, the factors affecting the
domestic price, the magnitude of dumping margin, cash flow, employment,
wages, ability to raise capital or investment, and inventories, etc.
Where
certain factors or indices mentioned above are not applicable, the
applicant shall provide an explanation thereof.
Article 21
Where the application is filed on the basis of threat of material
injury caused to the domestic industry, the applicant shall provide the
following evidence:
(1)
Possibility of a significant increase in the allegedly dumped import
entering into the domestic market at dumped prices, including the
current and potential export capacity of the exporting countries
(regions), the inventory level in the exporting countries (regions),
etc.;
(2)
Trend of foreseeable and imminent changes of factors and indices listed
in Subparagraph 4 of Article 20 of these Rules.
Article 22
Where the application is filed on the basis of material
retardation of establishment of a domestic industry, the applicant shall
provide not only the evidence listed in Articles 20 and 21 of these
Rules, but also the evidence relevant to the feasibility of development
of the domestic industry, including the plan of the establishment of the
industry and its actual execution.
Article 23
The applicant’s allegation concerning the impact of the alleged
dumped import on the domestic industry and submission of the relevant
evidence shall focus on determinations in relation to the separate
identification of the production of the domestic like product. If such
separate identification of that production of the domestic like product
is not possible, the allegation shall focus on the production of the
narrowest group or range of products which include the domestic like
product.
Article 24
With regard to the causal link between dumping and injury, the
applicant shall provide:
(1)
Arguments to justify causal link between the allegedly dumped import and
injury suffered by domestic industry;
(2)
Demonstration for the effect on injury caused to
domestic industry by the quantity and price of the imported product
which is not sold at dumping price, contraction in demand or changes in
the patterns of consumption, trade-restrictive practice of and
competition between foreign and domestic producers, development in
technology, the export performance and productivity of the domestic
industry, etc,.
If the
applicant considers that certain factors as above-mentioned are
inapplicable, the applicant shall provide an explanation.
Article 25
The
applicant shall explain the sources from which the evidence comes while
providing the supporting materials specified in this Chapter.
Article 26
The
applicant shall request for confidentiality treatment if the application
for an anti-dumping investigation contains confidential materials; the
request shall provide a meaningful non-confidential summary for those
confidential materials to permit other interested parties to have a
reasonable understanding about the confidential materials. The applicant
shall give reasons if such non-confidential summary is impossible.
Article 27
The
application for an anti-dumping investigation and supporting materials
provided shall be in Chinese printing; where there is standardized
terminology by the State, the standardized terms shall be used.
If
the supporting materials provided by the applicant are in foreign
languages, the applicant shall provide the full text of such materials
in foreign languages and the Chinese translation of the part relevant to
the investigation.
Article 28
The application for an
anti-dumping investigation shall be made in both confidential version
(in case where the applicant requests for confidentiality treatment) and
non-confidential version.
One original and six copies shall be submitted for both confidential
version and non-confidential version.
Besides one original and six copies submitted, more copies of the
non-confidential version should be provided according to the number of
governments of the known exporting countries (regions) of the allegedly
dumped import. If there is a large number of governments of the known
exporting countries (regions) of the allegedly dumped import, the number
of copies may be reduced, but not to less than five.
Article 29
The Bureau of Fair Trade for
Imports & Exports may require the applicant to provide the electronic
data carrier of the application and supporting materials.
Article 30
The applicant shall submit its
written application and supporting materials to the Bureau of Fair Trade
for Imports & Exports by mail or direct service.
Article 31
The Bureau of Fair Trade for
Imports & Exports shall sign up if the applicant formally submits the
application and supporting materials.
The date of signature is the date on which the Bureau of Fair
Trade for Imports & Exports receives the written application and
supporting materials.
Article 32
The Bureau of Fair Trade for
Imports & Exports may conduct investigation by ways of questionnaire or
on-the-spot verification on the issues contained in the application and
supporting materials, including the standings of the applicant, the
allegedly dumped product of import, etc.
Article 33
The Bureau of Fair Trade for
Imports and Exports shall examine the application for an anti-dumping
investigation submitted by the applicant and make comments thereon, and
shall make a decision, within 60 days upon the receipt of the
application and supporting materials, of whether to initiate the
investigation after consulting with the State Economic and Trade
Commission.
Article 34
The Bureau of Fair Trade for
Imports and Exports shall forward one copy of the application and
supporting materials to the State Economic and Trade Commission within 7
days upon the receipt of the written application and supporting
materials. The State Economic and Trade Commission shall have at least
20 days to examine the application and supporting materials, and present
its opinion on initiation of the anti-dumping investigation.
Article 35
The Bureau of Fair Trade for
Imports and Exports may require the applicant to make amendments or to
provide supplementary information to the application for anti-dumping
investigation within the period specified in Article 33 of these Rules.
If the applicant does not make amendment nor provide
supplementary information, or if it fails to make amendments or to
provide supplementary information in conformity with the requirements
for contents specified and within the time limits, MOFTEC may reject the
application and notify the applicant.
Article 36
The application, if rejected by
MOFTEC, shall not be published.
Article 37
A Public Notice shall be issued
if FTEC decides to initiate an anti-dumping investigation.
Article 38
MOFTEC shall notify the
government of exporting countries (regions) before issuing the Public
Notice for initiation of the investigation.
Article 39
The Public Notice for
initiation of the investigation shall contain the following information:
(1)
Summary of the written application and the result of examination by
MOFTEC;
(2)
Date of initiation of the investigation;
(3)
Product to be investigated and the name of exporting countries
(regions);
(4)
Period of investigation;
(5)
Intent of the investigating authorities for on-the-spot verification;
(6)
Consequences to be borne by interested party for non-responding;
(7)
Time limits for the interested party to present comments;
(8)
Ways to contact the investigating authorities.
Article 40
Upon the issuance of the Public
Notice of initiation, the Bureau of Fair Trade for Imports and Exports
shall provide the non-confidential text of the application to the known
exporters and the government of exporting countries (regions). If a
large number of exporters are subject to the investigation, the Bureau
of Fair Trade for Imports and Exports shall provide the non-confidential
text of the application only to the government of the exporting
countries (regions).
Article 41
The date of publication of the
Public Notice for the decision to initiate an antidumping investigation
is the date of initiation of investigation.
Article 42
Where MOFTEC has sufficient
evidence proving the existence of dumping and injury as well as the
causal link between dumping and injury, MOFTEC may, after consulting
with the State Economic and Trade Commission, decide to initiate an
investigation on its own initiative.
Article 43
MOFTEC shall be responsible for
interpretation of these Rules.
Article 44
These Rules shall enter into
force from the date of 13 March 2002.
Article 1
With a view to ensuring an anti-dumping investigation by way of
questionnaire going smoothly and orderly, these Rules are formulated in
accordance with provisions of the “Antidumping Regulation of the
People’s Republic of China”.
Article 2
The Ministry of Foreign Trade and Economic Cooperation
(hereinafter referred to as MOFTEC) delegates the Bureau of Fair Trade
for Import and Export to be responsible for implementation of these
Rules.
Article 3
These Rules apply to an anti-dumping investigation s carried out
by MOFTEC through the method of investigation questionnaire in order to
determine dumping and dumping margin.
Article 4
The investigation
questionnaire mentioned in these Rules refers to a written question list
issued by MOFTEC, during the antidumping investigation, to the exporters
and producers of the countries (regions) concerned who have registered
in and responded to the investigation (hereinafter referred to as
“responding company”).
Article 5
The responding company
shall, according to the requirements made by MOFTEC, reply completely
and accurately to all questions listed and submit all information and
materials required in the investigation questionnaire.
Article 6
The producers or
exporters of the countries (regions) concerned shall,
according to the requirements specified in the Public Notice for
the initiation of the investigation, register with MOFTEC and respond to
the investigation within 20 days from the date of initiation of an
anti-dumping case.
Article 7
The producers and exporters, while handling their registration
with MOFTEC and responding to the investigation, shall submit the
following information in simplified Chinese printing:
(1)
Intent of registration in and responding to the
investigation;
(2)
Name, address, legal representative, way of
contact and contact person of the responding company;
(3)
Total quantity and value of the product under
investigation exported to the People’s Republic of China during the
period of investigation.
The registration document for responding to the
investigation shall be sealed by the responding company and/or signed by
its legal representative.
Where a practising attorney at law of the People’s
Republic of China is appointed for the submission of the registration
document, the responding company shall list, as part of the document,
the attorney’s name, way of contact, name and address of the law firm
the attorney appointed belongs to and the original power of attorney.
Article 8
The investigation
questionnaire shall be issued to the responding companies within 10
working days upon the ending of registration.
Article 9
If the number of responding
companies is too large and MOFTEC decides to carry out the anti-dumping
investigation by using sampling method, the investigation questionnaire
may be issued only to the responding companies selected in the sample.
MOFTEC may
properly extend the period of issuing the questionnaire if the
investigation is conducted by sampling.
Article 10
The responding company shall
submit a complete and accurate response to the questionnaire within a
specified time limit. The response shall contain all information
required in the investigation questionnaire.
Article 11
The
responding company, encountering questions while replying to the
investigation questionnaire, may consult in writing the case handlers
listed in the questionnaire.
Article 12
Before answering the questions listed in the investigation
questionnaire, the responding company shall first lay out the subject of
the question and then answer directly under the subject.
Article 13
The questionnaire shall be
completed in simplified Chinese printing and shall be attached by
relevant supporting documents according to the requirements. If the
supporting materials are in foreign languages, the Chinese translation
shall be provided in the original form of the text in foreign languages,
with attachment of such original text in foreign languages or its copy.
Article 14
The responding company shall indicate the source and origin of
the supporting materials used in the response. All documents relevant to
the questionnaire, such as sales documents, accounting records,
financial reports and other documents, shall not only be attached to the
response to the questionnaire of the company as required, but also be
made available for afterward verification.
Article 15
The supporting materials for transactions required by the
questionnaire shall be lined up in chronological order; supporting
materials for each transaction shall be lined up according to the flow
of activities and a sheet listing those supporting materials for each
transaction shall be provided.
Article 16
Where the responding company is required, according to the
requirement of the questionnaire, to copy the investigation
questionnaire and forward it to its associated trading company or other
related companies to complete, the associated trading company or other
related companies shall submit the questionnaire separately according to
the requirement of the questionnaire.
Article 17
The response to the
investigation questionnaire shall be submitted to MOFTEC within 37 days
from the date on which it was issued.
Article 18
Where the responding company has
reasonable grounds indicating that it is unable to complete the
questionnaire before the submission deadline, the responding company
shall submit, 7 days before the submission deadline, to MOFTEC a written
request for an extension of the period for submission of the response to
the questionnaire, elaborating its request and reasons for such
extension.
MOFTEC shall reply in writing, 4 days before the
submission deadline, to the request for the said extension upon the
consideration of the specific situation of the responding company
requesting the extension.
The extension shall not exceed 14 days normally.
Article 19
Where the responding company considers that the response to the
questionnaire contains confidential information, the responding company
shall request for confidentiality treatment and address the reasons for
such confidentiality treatment.
A non-confidential summary shall be given for
information requested for confidentiality treatment. A non-confidential
summary shall contain adequate and meaningful information so as to allow
other interested parties to have a reasonable understanding. In case the
provision of a non-confidential summary is impossible, the responding
company shall explain the reasons thereof.
Article 20
MOFTEC shall examine the request for confidentiality treatment.
If the reason for confidentiality treatment is considered insufficient,
or the non-confidential summary does not satisfy the requirement
specified in Paragraph 2 of Article 19 of these Rules, or the reason
that the responding company fails to provide the non-confidential
summary is insufficient, the responding company may be required to make
corresponding amendments thereon within a specified time limit.
MOFTEC may disregard the materials if the
responding company refuses to amend the non-confidential summary or the
non-confidential summary after being amended does not yet satisfy the
requirement.
Article 21
The response to the
questionnaire shall be made in two versions. One version is a complete
response containing the confidential information; the other version is a
response only containing non-confidential information. The responding
company shall clearly mark on the cover page of each response as
confidential version or non-confidential version. In the
non-confidential version of the response, the confidential part shall be
marked with a signal of “[
]”, plus the corresponding
serial number in the non-confidential summary.
Article 22
The responding company shall submit one original response and
four copies in Chinese for confidential version and non-confidential
version respectively.
The whole
response must be properly bound up into book. The page number must be
labelled on the text of the response and on each attached supporting
materials. The response shall contain a table of content for the text of
the response and the attached supporting materials, and each annex shall
be labelled with serial number.
Article 23
The responding company shall submit a letter of certificate
signed by the legal representative or its authorized person according to
the requirement of the questionnaire, stating that the information
submitted by the responding company is accurate and complete.
MOFTEC shall
not accept the response to the questionnaire if such letter of
certificate is not attached to.
Article 24
With respect to the narrative
part and tables of data in the response submitted, the responding
company shall provide corresponding computer floppy disk , CD or other
electronic data carriers acceptable to MOFTEC according to the
requirement of the questionnaire.
The content
in the electronic data carriers shall be in the same format as in the
response, and the calculation formula shall be retained in the table if
calculation on the data is involved..
Article 25
The responding company shall guarantee that the submitted
electronic data carrier contains no virus. It would be considered as to
impede the investigation if it contains certain virus, and in such case
MOFTEC may make determination on the basis of facts available and the
best information available.
Article 26
In normal circumstances,
the responding company who fails to submit the electronic data carrier,
in particular the one containing transaction data and financial data,
shall be considered as non-cooperative.
If the
responding company is unable to submit electronic data carriers or
unable to submit electronic data carriers according to the requirement
of these Rules, or it would be unduly burdensome for the responding
company to submit electronic data carriers according to the requirement
of these Rules, the responding company may submit a written request to
MOFTEC within 15 days after the questionnaire is issued, explaining the
reason of inability to submit electronic data carriers as required.
MOFTEC shall reply in writing to the responding company on whether to
approve the request within 5 days upon the receipt of it.
Article 27
The response to the questionnaire of the responding company shall
be represented through a practising attorney at law of the People’s
Republic of China and relevant matters shall be dealt with by the
attorney. A valid power of attorney and a copy of the valid lawyer
permit of the attorney shall be attached to the response to the
questionnaire.
Article 28
The response to the
questionnaire shall be mailed or directly delivered to the address
mentioned in the questionnaire by 17:00 of the submission deadline.
The delivery date shall be the date on which MOFTEC
receives the response to the questionnaire.
Article 29
In the course of the investigation, MOFTEC may issue
supplementary investigation questionnaire to the responding company,
requiring further information and materials.
These Rules
shall apply to the matters relevant to the issuance, response,
submission, etc. of the supplementary questionnaire.
Article 30
MOFTEC may issue the investigation questionnaire to importers.
These Rules shall apply to the matters relevant to the issuance,
response, submission, etc. of the investigation questionnaire to the
importers.
Article 31
Where the responding company does not submit the response to the
questionnaire within the specified time limit, or can not submit a
complete and accurate response to the questionnaire according to the
requirement specified in these Rules, or does not permit MOFTEC to
verify the materials it submitted, or impedes seriously the
investigation through other methods,
MOFTEC may make preliminary or final determination on the basis
of facts available and best information available.
Article 32
MOFTEC shall be responsible for interpretation of these Rules.
Article 33
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to ensuring fairness and justice of an
anti-dumping investigation and safeguarding legal rights and interests
of interested parties, these Rules are formulated in accordance with
relevant provisions of the “Antidumping Regulations of the People’s
Republic of China”.
Article 2
These Rules apply to the public hearing held by the Ministry
of Foreign Trade & Economic Cooperation (hereinafter referred to as
“MOFTEC”) in the procedure of an anti-dumping investigation on the
determination of dumping.
Article 3
The Bureau of Fair Trade for Imports and Exports (hereinafter
referred to as “BOFT”) of MOFTEC is responsible for holding the public
hearing on the determination of dumping.
Article 4
The public hearing on the
determination of dumping shall be held openly. However, if national
secrets, commercial secrets or personal privacy are concerned, upon
requests by interested parties, BOFT may decide to take other ways to
hold the said public hearing.
Article 5
BOFT may hold a
public hearing upon request made by interested parties, and may decide
to do so on its own initiative if it considers necessary.
Article 6
Where BOFT decides to
hold a public hearing on its own initiative, it shall notify interested
parties in advance, and relevant provisions of these Rules are applied.
Article 7
Interested parties mentioned in these Rules refers to the
applicant, known exporters and importers, the government of the
exporting countries (regions) of an antidumping investigation and other
organizations or individuals who have interests in the said antidumping
investigation.
Article 8
Where an interested
party requests to hold a public hearing, it shall submit a written
application to BOFT for the public hearing.
(1)
The application shall include the following
information:
(2)
Name, address and relevant information of the
public hearing applicant;
(3)
Issues of the application;
(4)
Justification of the application.
Article 9
BOFT shall decide whether to hold the public hearing within 15
days after the receipt of the application for the public hearing
submitted by interested parties, and shall notify all interested
parties, including the public hearing applicant.
Article 10
The notification issued by BOFT deciding to hold a public hearing
shall include the following items:
(1)
Decision of holding the public hearing;
(2)
Reasons for holding such public hearing;
(3)
Timing, venue and relevant requirements for the
registration by interested parties prior to the hearing;
(4)
Other matters.
Article 11
After the receipt of
the notification of holding a public hearing, each interested party
shall register with BOFT in line with requirements in the notification..
Article 12
BOFT shall, within 20 days from the ending date specified in the
notification of holding the public hearing, make decision on issues of
timing, venue, chairperson and agenda of the hearing, etc. and notify
the interested parties who have registered.
Article 13
The chairperson of a
public hearing may exercise the following functions and powers during
the hearing:
(1)
To preside over the hearing and monitor its
progress;
(2)
To confirm the identities of the hearing
attendants;
(3)
To maintain the hearing order;
(4)
To raise questions to each interested parties;
(5)
To decide whether to permit relevant interested
parties to provide supplementary evidence;
(6)
To decide whether to suspend or terminate the
hearing;
(7)
Other matters needed to be decided during the
hearing.
Article 14
An interested party
to attend the public hearing may send its legal representative or
persons in charge to be present in the hearing , or may do so by
appointing 1or 2 agents.
Article 15
An interested party to attend the public hearing shall bear
the following obligations:
To arrive at the designated place and be present in
the hearing in time;
To abide by the disciplines of the hearing and
follow the instruction of the chairperson of the hearing.
Article 16
The public hearing shall get through the following procedure:
(1)
The chairperson of the hearing announces the
commence of the hearing, and reads the disciplines of the hearing;
(2)
Confirmation of the identities of the hearing
attendants;
(3)
Interested parties’ presentations;
(4)
Inquiry made by the chairperson over interested
parties:
(5)
Final presentations made by interested parties;
(6)
The chairperson announces the closure of the
hearing.
Article 17
The public hearing is aimed at providing
an opportunity for the interested
parties to fully present their view, and does not set debating
procedure.
Article 18
Records of words
shall be maintained during the hearing, and the chairperson, the
recorder, the interested parties attending the hearing shall sign or
seal the records of words on the spot.
In case the interested parties refuse to do so, the chairperson of the
hearing shall make remarks on the records of words of the hearing
indicating such situation.
Article 19
In case one of the following circumstances takes place, the
public hearing may be postponed or cancelled upon the decision made by
BOFT:
(1)
An event or a conduct happened to the hearing
applicant due to force majeure, and the hearing applicant has submitted
written request for postponing or cancelling the hearing.
(2)
The antidumping investigation has been
terminated;
(3)
Other matters happened so as to justify the
postponing or cancellation of the hearing.
Article 20
After the cause of postponing the hearing has been
eliminated, BOFT shall resume the hearing procedure and notify the
interested parties who have registered.
Article 21
The notification
referred to in these Rules is issued in the form of the Public Notice of
MOFTEC; under special circumstances, BOFT may take other forms.
Article 22
The working language used in the hearing is Chinese.
Article 23
MOFTEC shall be responsible for interpretation of these
Rules.
Article 24
These Rules shall enter into force from the date of
promulgation.
Article 1
With a view to ensuring fairness, justice and openness of an
anti-dumping investigation, these Rules are formulated in accordance
with provisions of the “Antidumping Regulation of the People’s Republic
of China”.
Article 2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as MOFTEC) delegates the Bureau of Fair Trade
for Import and Export to be responsible for implementation of these
Rules.
Article 3
MOFTEC shall
normally, on the basis of a full-scale investigation, determine separate
dumping margin for each individual responding exporter or producer.
However, in case where the number of exporters, producers, types of
products or transactions is so large that it would be unduly burdensome
and prevent timely completion of the investigation to determine separate
dumping margin for each individual exporter and producer or to
investigate all types of products and all transactions, MOFTEC may carry
out its investigation by using sampling method.
Article 4
MOFTEC shall, based upon
the information available at the time of sampling, select samples for
the investigation by using statistically valid sampling method or
according to the export volume.
Article 5
The samples for the
investigation selected by MOFTEC shall be regarded as representative.
Article 6
MOFTEC shall, based upon the situation of registration in and
responding to the antidumping case, decide on the selection of exporters
and producers both in the sample and in the reserve list.
Article 7
MOFTEC shall notify
each interested party immediately after the preliminary decision on the
selection of exporters and producers in the sample and in the reserve
list is made.
Interested
parties may, within 7 days upon the receipt of the notification, make
comments on such selection of sampled exporters and producers.
Article 8
MOFTEC shall, as much
as possible, select those exporters and producers who agree to be
selected in the sample. However, exporters and producers disagree to
such selection has no prejudice to the selection of MOFTEC.
Article 9
MOFTEC shall issue its
questionnaire for investigation only to the exporters and producers
selected in the sample and in the reserve list.
The exporters and producers selected in the sample and in the
reserve list shall provide timely a complete and accurate response to
the questionnaire in line with the requirements of the questionnaire.
Article 10
The exporters and producers
not selected in the sample and in the reserve list may provide
information to MOFTEC on a voluntary basis.
Article 11
MOFTEC shall determine
separate dumping margin for each
individual exporters and producers selected in the sample.
Article 12
Where the sampled
exporters and producers fail to cooperate, MOFTEC may use those
exporters and producers in the reserve list to take their place.
Article 13
The dumping margin for responding exporters and producers who are
not subject to the individual examination shall be determined on the
basis of the weighted average dumping margin determined for the sampled
exporters and producers.
Article 14
The calculation of such weighted average dumping margin shall
exclude:
(1)
zero dumping margin;
(2)
de
minimis dumping margin as less than 2 per cent;
(3)
dumping margin determined in accordance with
Article 21 of the “Antidumping Regulation of the People’s Republic of
China”.
Article 15
MOFTEC shall examine individually the exporters and producers
who are not selected in the sample but have submitted necessary
information in time and expressly requested separate determination of
dumping margin, provided that such separate examination would not
prevent timely completion of the dumping investigation.
Article 16
The determination of
dumping margin for non-responding exporters and producers shall be made
in accordance with Article 21 of the “Antidumping Regulation of the
People’s Republic of China”.
Article 17
After receiving the response to the questionnaire from responding
exporters and producers, if MOFTEC finds that the number of types of the
product under investigation of the exporters and producers is too large,
MOFTEC may select a part of types of products by using sampling method
to determine dumping and dumping margin for the product under
investigation of the responding company in question,.
Article 18
MOFTEC shall notify each
interested party immediately after the primary decision on the selection
of types of the product in the sample is made.
Interested
parties may, within 7 days upon the receipt of the notification, make
comments on such selection of sampled types of the product.
Article 19
MOFTEC shall, as much
as possible, select those types of the product to which the exporters
and producers have agreed to be selected in the sample. However,
exporters and producers disagree to such selection has no prejudice to
the selection of MOFTEC.
Article 20
The dumping margin of the
product under investigation shall be determined on the basis of the
weighted average dumping margin of the selected types of the product
concerned.
Article 21
After receiving the
response to the questionnaire from responding exporters and producers,
in case where the number of transactions of the product under
investigation for domestic sales or for export sales is too large,
MOFTEC may select a part of transactions by using sampling method to
determine normal value and export price for the product concerned,.
Article 22
MOFTEC shall use the
statistically valid sampling method for its samples to be selected.
Article 23
While deciding on the
selected transactions in the sample, MOFTEC shall obtain the agreement
from the responding exporters and producers concerned.
Article 24
The normal value or
the export price of the product under investigation shall be determined
on the basis of weighted average normal value or export price of the
sampled transactions.
Article 25
The statistically valid
sampling method includes equidistant sampling, random sampling or any
other appropriate sampling method in statistics.
Article 26
MOFTEC shall be
responsible for interpretation of these Rules.
Article 27
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to ensuring fairness, justice and openness of
anti-dumping investigations, these Rules are formulated in accordance
with provisions of the “Anti-dumping Regulation of the People’s Republic
of China”.
Article 2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as MOFTEC) delegates the Bureau of Fair Trade
for Import and Export to be responsible for implementation of these
Rules.
Article 3
The term “disclosure” provided for in these Rules refers to
the procedure under which MOFTEC notifies relevant interested parties in
an anti-dumping investigation who have provided information during the
course of investigation of the essential data, information, evidence and
reasons adopted for establishment of the existence of dumping and
dumping margin for that particular interested party.
Article 4
Disclosures consist of disclosure after the preliminary
determination is publicized, disclosure of the result of on-the-spot
verification and disclosure before the final determination is made.
Article 5
Information which is
contained in the disclosures after the preliminary determination is
publicized and before the final determination is made includes:
(1)
Regarding Normal Value: establishment of normal
value, transaction data submitted and data having been adjusted adopted
for calculation of normal value, data rejected for calculation of normal
value and reasons for the rejection, etc.;
(2)
Regarding Export Prices: establishment of export
prices, transaction data submitted and data having been adjusted adopted
for calculation of export prices, data rejected for calculation of
export prices and reasons, etc.;
(3)
Regarding Costs: Data for the establishment of
cost of production, allocation method for various expenses and data
adopted, estimate of profits, establishment of abnormal or non-recurring
items, etc.;
(4)
Usage of best information available and facts
available and reasons, provided that confidential information of other
interested parties is not involved;
(5)
Methodologies for calculation of dumping margin;
(6)
Other information MOFTEC considers necessary to
disclose.
Article 6
Disclosures shall be made in written form.
Article 7
MOFTEC shall make disclosure to the relevant interested
parties within 20 days from the date of issuance of Public Notice of the
preliminary determination in an anti-dumping investigation.
Article 8
MOFTEC shall, after the disclosure is made to the relevant
interested parties, give
that interested party no less than 10 days to make comments on the
preliminary determination and the disclosed information and facts.
Such comments shall be in written form, and
submitted to MOFTEC within a stipulated period of time.
Article 9
MOFTEC shall, within a reasonable period of time after the
on-the-spot verification is completed, make disclosure concerning the
result of the on-the-spot verification to the relevant exporters and
producers whose data provided have been verified. Such disclosure
includes:
(1)
Whether the exporters and producers subject to
the verification have been cooperative during the verification;
(2)
Whether data, information and materials provided
by such exporters and producers are genuine, accurate and complete;
(3)
Whether such exporters and producers have
conducted fraud or concealment;
(4)
Further collection of information during the
verification in the countries (regions) where such exporters and
producers are located;
(5)
Other information MOFTEC considers necessary to
disclose.
Article 10
Where the disclosure is conducted before the final
determination is made, MOFTEC shall give the relevant interested parties
subject to the disclosure no less than 10 days to make comments on the
disclosed information and facts.
Such comments shall be in written form, and
submitted to MOFTEC within a stipulated period of time.
Article 11
Disclosure of confidential information concerning
anti-dumping reviews shall be carried out in accordance with provisions
of these Rules.
Article 12
MOFTEC shall be responsible for interpretation of these
Rules.
Article 13
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to regulating the procedure of on-the-spot
verification in anti-dumping investigations, these Rules are formulated
in accordance with provisions of the “Anti-Dumping Regulation of the
People’s Republic of China”.
Article 2
The Ministry of
Foreign Trade and Economic Co-operation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Imports and Exports to be
responsible for implementation of these Rules.
Article 3
The on-the-spot verification provided for in these Rules refers
to the procedure under which MOFTEC dispatches its officials to the
relevant exporting countries (regions) during the process of the
investigation to verify the genuineness, accuracy and completeness of
the information and materials submitted by the exporters and producers
concerned, and to collect further information and materials needed for
the anti-dumping investigation.
Article 4
MOFTEC carries out the
on-the-spot verification only on those exporters and producers of the
relevant exporting countries (regions) who have been fully cooperative
in the investigation.
Article 5
The on-the-spot
verification is mainly to verify the information and materials submitted
by the exporters and producers, including:
(1)
All information and materials in the response to
the questionnaire submitted by the exporters and producer;
(2)
Information and materials contained in the
response to the supplementary questionnaire submitted by the exporters
and producers upon the requirement by MOFTEC;
(3)
Information and materials submitted to MOFTEC by
the exporters and producers on their own initiative;
(4)
Other information and materials that MOFTEC
considers necessary to verify.
Article 6
MOFTEC may decide, depending upon various situations of each
case, whether to carry out an on-the-spot verification.
Article 7
MOFTEC normally carries out
on-the-spot verification after the preliminary determination is made,
and may also carry out the verification before the preliminary
determination is made, depending upon various situations of each case.
Article 8
Having decided to carry out an on-the spot verification, MOFTEC
shall notify in advance the exporters and producers who are to be
verified, and the governments of the countries (regions) where the
exporters and producers to be verified are located.
Article 9
Before the on-the-spot
verification is conducted, MOFTEC shall obtain explicit agreement from
the exporters and the producers concerned.
Article 10
Where the on-the-spot
verification is agreed by the exporters and producers concerned, MOFTEC
shall notify the governments of the countries (regions) where the
exporters and producers to be verified are located of names, addresses
of the exporters and producers to be verified, the schedule agreed upon
for the verification, and other relevant information.
MOFTEC shall not carry out an on-the-spot
verification if the government of the countries (regions) where the
exporters and producers concerned are located objects to it.
Article 11
Prior to the on-the-spot
verification, MOFTEC shall notify in advance the exporters and producers
in question of the concrete timetable for the verification.
Article 12
The verifying team
shall be organized by MOFTEC, and normally consists of the government
officials in charge of the anti-dumping investigation.
In exceptional circumstances, MOFTEC may invite
non-governmental experts to take part in the on-the-spot verification,
provided that the exporters and producers to be verified and the
governments of the countries (regions) where they are located are so
informed in advance. Such non-governmental experts shall strictly abide
by the obligation of confidentiality.
Article 13
The verifying team
shall, prior to the on-the-spot verification, notify the exporters and
producers in question of the general nature of the information to be
verified, and of any further information which needs to be collected.
The verifying team may, where it considers
necessary, issue a detailed list of questions for the verification to
the exporters and producers in question prior to the verification.
Article 14
The exporters and producers in question shall well prepare
all evidence and materials supporting the information contained in the
response to the questionnaire and supplementary questionnaire and shall
make them available for the verification.
If the original records of evidence and materials
mentioned in the previous Paragraph of this Article are stored in the
format of electronic data under a particular computer programme, the
exporters and producers in question shall guarantee that such computer
programme is workable and that the electronic data can be copied and
printed.
Article 15
The exporters and producers
subject to the verification shall co-operate actively with the verifying
team during the on-the-spot verification and make the staff originally
responsible for the
preparation of the response
to the questionnaire and other staff concerned available and able to
explain any questions
raised by the verifying team.
Article 16
The working language
for the verification is Chinese, or any other language the verifying
team agrees to use.
Article 17
The verifying team
may, depending upon the complicatedness of the case, take a
comprehensive approach or a sampling approach to conduct its
verification.
Article 18
The on-the-spot
verification may be carried out within the scope previously notified,
but such scope shall not impede the verifying team to request on the
spot further information and materials on the basis of the obtained
information and materials.
Article 19
MOFTEC shall, within a reasonable period after the
verification is completed, disclose the result of the verification to
the exporters and producers subject to the verification. MOFTEC may
disclose a summary of the result of the verification to other interested
parties upon their requests provided that the confidential information
of the exporters and producers is not involved in such disclosure.
Article 20
The information and materials provided in the response to the
questionnaire and supplementary questionnaire, and the information and
materials further collected during the verification will constitute the
basis for MOFTEC to determine the dumping and the dumping margin.
Article 21
Under one of the
following circumstances, MOFTEC may make determination of dumping and
dumping margin on the basis of facts available and the best information
available:
(1)
The exporters or producers concerned reject the
on-the-spot verification;
(2)
The government of the countries (regions) where
the exporters and producers to be verified are located objects to the
on-the-spot verification;
(3)
The exporters or producers fail to actively
co-operate in line with the requirement reasonably made by the verifying
team;
(4)
The verification fails to be completed as
scheduled due to the delay caused by the exporters or producers in
question;
(5)
Serious problems are discovered during the
verification with respect to the genuineness, accuracy and completeness
of the information and materials provided by the exporters and producers
in question;
(6)
There exists obvious fraud or concealment
conducted by the exporters and producers in question;
(7)
Other activities that impede the on-the-spot
verification.
Article 22
In case the export
price is constructed in an anti-dumping investigation, or where MOFTEC
considers necessary, MOFTEC may carry out an on-the-spot verification on
the domestic importers of the product under investigation. Such
verification shall be carried out by reference to these Rules.
Article 23
Upon request by the
exporters and producers concerned while the governments of the countries
(regions) where they are located has no objection, MOFTEC may dispatch
its staffs to the exporting country (region) to explain the
questionnaire of the anti-dumpling investigation.
Article 24
MOFTEC shall be responsible
for interpretation of these Rules.
Article 25
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to ensuring fairness, justice and openness in
anti-dumping investigations, these Rules are formulated in accordance
with provisions of the “Anti-dumping Regulation of the People’s Republic
of China”.
Article 2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as “MOFTEC”) delegates the Bureau of Fair Trade
for Imports and Exports to be responsible for
implementation of these Rules.
Article 3
Access to non-confidential
information provided for in these Rules refers to that the interested
parties relevant to an anti-dumping case go to a place designated by
MOFTEC to search, read, transcribe and copy the non-confidential
information and materials submitted by other interested parties with
regard to the anti-dumping case in question.
Article 4
MOFTEC permits all interested parties to have an access to all
non-confidential information relating to the case under investigation.
Article 5
The accessible non-confidential information specified in
Article 4 of these Rules includes:
(1)
Non-confidential version of the application for
initiation of an anti-dumping investigation submitted by the applicant;
(2)
Non-confidential version of the responses to the
questionnaire and supplementary responses submitted by foreign
responding exporters and producers;
(3)
Other non-confidential information submitted to
MOFTEC by interested
parties;
(4)
Requests made to MOFTEC by relevant interested
parties, including but not limited to, request for extension of the time
period for submission of the response to the questionnaire, request for
adding of countries (regions) to be investigated, request for
retroactive levy of anti-dumping duties, and requests for price
undertakings, public hearings, reviews, etc.;
(5)
Non-confidential information contained in the
views and comments presented by other interested parties with respect to
the requests mentioned in the above Paragraph of this Article;
(6)
MOFTEC’s reply to the requests mentioned in
Paragraph 4 of this Article.
(7)
Summary of meetings between MOFTEC and relevant
interested parties;
(8)
Public Notice and notifications issued by
MOFTEC;
(9)
Summary of on-the-spot verification carried out
by MOFTEC;
(10)
Other non-confidential information MOFTEC
considers accessible to the interested parties.
Article 6
When submitting relevant
information to MOFTEC, interested parties shall mark it as
non-confidential or confidential.
If the information provided by interested parties
is confidential, the interested parties may apply for confidentiality
treatment for such confidential information, and shall submit a
non-confidential summary thereof. This summary shall be incorporated in
the non-confidential version of the submission.
In case information is not marked as confidential,
MOFTEC may consider it as non-confidential, and make it accessible to
other interested parties.
Article 7
Each interested party may, during the whole process of
investigation of a case, get access to the non-confidential information
in MOFTEC at MOFTEC’s working time.
Article 8
Before taking the access to the non-confidential information,
the interested party shall contact in advance the relevant officials of
MOFTEC and address the content and scope of the information they intend
to get access to.
Article 9
While searching the non-confidential information, the
interested party shall present its identity card or other documents
indicating its identity to relevant officials of MOFTEC and shall make
registration.
Article 10
Interested parties may transcribe and copy the
non-confidential information they have searched, but shall not borrow it
out.
Article 11
MOFTEC shall be responsible for interpretation of these
Rules.
Article 12
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to ensuring reasonability and effectiveness of the
application of antidumping measures, these Rules are formulated in
accordance with provisions of the “Antidumping Regulation of the
People’s Republic of China”.
Article 2
The Ministry of Foreign Trade and Economic Cooperation
(hereinafter referred to as MOFTEC) delegates the Bureau of Fair Trade
for Import and Export to be responsible for implementation of these
Rules.
Article 3
The term “Price Undertakings” mentioned in these Rules refers to
as undertakings voluntarily offered to MOFTEC by exporters and producers
who have responded to an antidumping investigation by way of revising
prices or ceasing exports of the product under investigation at dumped
prices, and accepted by MOFTEC, in order to suspend or terminate the
said investigation.
Article 4
The responding exporters and producers may offer a price
undertaking to MOFTEC; MOFTEC may also suggest the responding exporters
and producers to offer the price undertaking.
Article 5
MOFTEC shall not force relevant exporters and producers to enter
into any price undertaking. The fact that exporters and producers do not
offer a price undertaking or do not accept the suggestion of such price
undertaking shall in no way prejudice the consideration of its dumping
and dumping margin.
Article 6
The offer of a price undertaking shall be made no later than 45
days after the preliminary determination is publicly announced.
Article 7
MOFTEC shall not suggest exporters and producers to offer a price
undertaking or accept such undertaking from exporters and producers
unless a preliminary affirmative determination of dumping and injury
caused by such dumping is made.
Article 8
Where an offer of a price undertaking contains confidential
information, exporters and producers making the offer may file an
application to MOFTEC for confidentiality treatment for that
information, and shall provide a non-confidential summary for that
confidential information.
Article 9
MOFTEC shall notify other interested parties of a price
undertaking offered upon the receipt of it from exporters and producers
concerned, and shall provide a non-confidential version of such
undertaking for them to make comments thereon. Such comments shall be in
written form and submitted within the period stipulated in the
notification.
Article 10
MOFTEC, while considering acceptance of a price undertaking
offered, shall examine the following factors:
(1)
Whether the injury caused by dumping can be
eliminated;
(2)
Whether there exist effective measures to
monitor its fulfilment;
(3)
Whether such acceptance is consistent with
public interests of the People’s Republic of China;
(4)
Whether there exists any possibility of
circumvention;
(5)
Other factors MOFTEC considers necessary to
examine.
Article 11
MOFTEC only accepts the price undertaking offered by exporters
and producers who have been fully cooperative during the period of
investigation.
Article 12
Where a price undertaking offered by exporters and producers is
considered acceptable, MOFTEC may, after consulting with the State
Economic and Trade Commission, decide to suspend or terminate the
antidumping investigation on the exporter and producer making the
undertaking.
A Public Notice of the decision for suspension or
termination of the antidumping investigation shall be given by MOFTEC.
Article 13
Where the acceptance of a price undertaking offered is considered
impractical or inappropriate, MOFTEC shall notify the exporters and
producers offering such undertaking of reasons for such non-acceptance,
and give them full opportunity to make comments thereon.
The decision of non-acceptance of a price
undertaking and reasons shall be explicitly written in the final
determination.
Article 14
A price undertaking shall contain, but not limited to, the
following items:
(1)
Scope of product;
(2)
Reference prices, including price establishment,
form of price increase, margin of price increase, price adjustments at
different stages;
(3)
Reporting obligation;
(4)
Explicit intent of acceptance of on-the-spot
verification;
(5)
Guaranty of non-circumvention of the price
undertaking;
(6)
Other content MOFTEC considers necessary to
contain.
Article 15
The level of the price increase under a price undertaking shall
be equivalent to the dumping margin established in the preliminary
determination; where the level of the price increase under a price
undertaking is less than the dumping margin established but adequate to
remove the injury to the domestic industry, such price increase may be
less than dumping margin.
Article 16
A price undertaking shall become effective from the date of
Public Notice given by MOFTEC with respect to the decision of suspension
or termination of the antidumping investigation, and shall remain in
force for 5 years.
Where MOFTEC only accepts an undertaking from a
proportion of exporters and producers who have responded to the
investigation, the duration specified in the preceding Paragraph of this
Article shall start from the date of completion of the antidumping
investigation on other exporters and producers who are not subject to
the undertaking.
Article 17
MOFTEC may take the following ways to monitor the fulfilment of a
price undertaking:
(1)
To require the exporter and producer from whom
an undertaking is made to provide periodically information relevant to
the fulfilment of such an undertaking, including actual quantity and
price of exports, name of importers, etc.;
(2)
To verify periodically with the Customs data of
exports of the product under investigation to the People’s Republic of
China made by the exporter and producer from whom the undertaking is
made
(3)
To carry out periodically or non-periodically
on-the-spot verification on the exporter and producer from whom the
undertaking is made;
(4)
To collect and verify information with domestic
importers of the exporter and producer making the undertaking;
(5)
Other ways MOFTEC considers appropriate to take.
Article 18
After an antidumping investigation is suspended or terminated
pursuant to the Paragraph 1 of Article 33 of the “Antidumping Regulation
of the People’s Republic of China”, the investigating authorities may
decide continuation of the investigation on dumping and injury if
relevant exporters and producers so request or the investigating
authorities consider it necessary.
Article 19
Where an investigation is continued pursuant to Article 18 of
these Rules, the price undertaking shall remain effective if the
investigation results in an affirmative determination of dumping and
injury.
Article 20
Where an investigation is continued pursuant to Article 18 of
these Rules, the price undertaking made by relevant exporters and
producers shall automatically lapse if the investigation results in a
negative determination of dumping.
If the investigation results in a negative
determination of injury, the antidumping investigation shall be
terminated and the price undertaking made by exporters and producers
shall also automatically lapse in accordance with provision of Paragraph
2 of Article 27 of the “Antidumping Regulation of the People’s Republic
of China”.
Article 21
Where an investigation is continued pursuant to Article 18 of
these Rules, if the investigating authorities did not make an
affirmative determination of either dumping or injury due to the
existence of a price undertaking, MOFTEC may decide to maintain the
undertaking for a reasonable period.
Article 22
In case MOFETEC considers it no longer consistent with public
interests of the People’s Republic of China to continue the fulfilment
of a price undertaking, MOFTEC may cancel the decision of accepting such
an undertaking.
Article 23
MOFTEC shall, within a reasonable period prior to the date on
which the cancellation becomes effective, notify exporters and producers
from whom the undertaking is made of the intent of the cancellation, and
shall give them full opportunity to make comments thereon.
Article 24
Exporters and producers making a price undertaking may withdraw
their undertaking at any time during the period that the undertaking
remains in force, provided that such withdrawal has been submitted to
MOFTEC 30 days prior to its carry-out.
Article 25
Where MOFTEC decides to cancel the decision of accepting a price
undertaking, or exporters and producers making the price undertaking
withdraw their undertaking, MOFTEC shall notify the Customs of applying
the provisional antidumping measures according to the original
preliminary determination from the date on which such cancellation or
withdrawal becomes effective, and shall resume immediately the
antidumping investigation.
In case the original antidumping investigation has
been completed and dumping margin been finally established for that
exporter and producer making the undertaking, definitive antidumping
duties shall be levied from the date on which such cancellation or
withdrawal becomes effective.
Article 26
A price undertaking is violated if one of the following
circumstances take places:
(1)
Exporters and producers subject to a price
undertaking effect their exports at a price less than undertaken;
(2)
The exporters and producers in question fail to
provide periodically information relevant to the fulfilment of the
undertaking in accordance with terms under the undertaking;
(3)
The exporters and producers in question refuse
to permit MOFTEC to verify data and other information they have
provided;
(4)
Data and other information the exporters and
producers in question have provided relevant to the fulfilment of the
undertaking are seriously inaccurate;
(5)
The existence of obvious circumvention;
(6)
Other activities violating the price
undertaking.
Article 27
In case exporters and producers making a price undertaking
violate their undertaking, MOFTEC shall immediately resume the
antidumping investigation, and immediately apply provisional antidumping
measures using the best information available.
If the final determination establishes the
existence of dumping, definitive antidumping duties shall be levied in
accordance with provisions of Article 38 of the “Antidumping Regulation
of the People’s Republic of China”, and definitive duties may be levied
retrospectively on products under investigation imported not more than
90 days before the application of provisional antidumping measures,
provided that such retrospective assessment shall not apply to imports
entered before the violation of the undertaking.
If the definitive antidumping duty established in
the final determination is higher than the amount of cash deposit
established in the preliminary determination, the difference shall be
levied. If the definitive antidumping duty established in the final
determination is lower than the amount of cash deposit established in
the preliminary determination, the difference shall be refunded.
Article 28
Where exporters and producers making a price undertaking violate
their undertaking, if the original antidumping investigation has been
completed and dumping margins been established for such exporters and
producers violating the undertaking, definitive antidumping duties shall
be levied immediately in accordance with provisions of Article 38 of the
“Antidumping Regulation of the People’s Republic of China”, and
definitive antidumping duties may be levied retrospectively on products
under investigation imported not more than 90 days before the
application of provisional antidumping measures, provided that such
retrospective assessment shall not apply to imports entered before the
violation of the undertaking.
Article 29
Price undertakings may be concluded between MOFTEC and the
government of relevant exporting countries (regions).
Article 30
Any price undertaking shall be notified to the Committee on
Antidumping Practices of World Trade Organization within 7 days
following its entering into force.
Article 31
MOFTEC is responsible for interpretation of these Rules.
Article 32
These Rules shall enter into force from date of 15 April 2002.
Article 1
With a view to ensuring fairness, justices and openness in
antidumping new shipper reviews, these Rules are formulated in
accordance with provisions of the “Anti-dumping Regulation of the
People's Republic of China”.
Article 2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as “MOFTEC”) delegates the Bureau of Fair Trade
for Imports & Exports to be responsible for implementation of these
Rules.
Article 3
These Rules apply to
reviews for determination of individual anti-dumping duty rate requested
by those exporters and producers (hereinafter referred to as “new
shippers”) of the countries (regions) concerned after the original
anti-dumping measures have entered into force, who did not export the
product under investigation to the People’s Republic of China during the
original period of investigation.
Article 4
The applicant for new
shipper review shall in no way be related to the exporters and producers
who have exported the product under investigation to the People’s
Republic of China during the original period of investigation.
Where the applicant for new shipper review is a
trading company, additional to the provisions in the above Paragraph of
this Article to be complied with, its suppliers shall also in no way be
the exporters and producers who have exported the product under
investigation to the People’s Republic of China during the original
investigation period or have relationship with the above-mentioned
exporters and producers.
Article 5
The applicant for new
shipper review must be the party who has actually exported the product
under investigation to the People’s Republic of China after the original
period of investigation.
The export mentioned in the preceding Paragraph of
this Article shall be made in sufficient quantities so as to constitute
the basis for determination of the ordinary export price. Such
quantities shall be established on the basis of transaction volume under
the normal commercial conditions of the product under investigation.
Article 6
Where the original
anti-dumping measure is the imposition of anti-dumping duty, the export
which is not subject to the anti-dumping duty shall not be the basis for
the application of new shipper review.
Article 7
The applicant for new
shipper review may file its application only after the final
determination in the original investigation has come into force, and the
date on which the application is filed shall not be later than 30 days
after the actual export.
The application for new shipper review on the
actual export made after the original period of investigation and before
the final determination is not subjected to the preceding Paragraph of
this Article. However it still shall be filed nevertheless within 3
months after the final determination of the original investigation is
made.
The date for actual exports shall be established on
the basis of the invoicing date.
Article 8
The application for new
shipper review shall be filed in a written form, and shall be formally
signed by the legal representative of the applicant or his/her
authorized person.
Article 9
The following evidence and materials shall be attached to the
application for new shipper review:
(1)
Name, address and relevant information of the
applicant;
(2)
Structure of company and names of related
companies;
(3)
Average sales price, number of transactions and
total value of domestic sales, average export price, number of export
transactions and total export value to the People’s Republic of China,
average export price, number of transactions and total export value to
the third countries (regions) of the product under investigation during
the last 6 months prior to the application;
(4)
Copy of contracts, commercial invoices, bills of
lading and certificates of payment indicating the effect of exports of
product under investigation to the People’s Republic of China as well as
documentary evidence of payment of anti-dumping duty effected by the
importer;
(5)
Other information that the applicant considers
necessary to address.
Article 10
The application shall be
classified into confidential version (under the condition that
the applicant requests for confidentiality treatment) and
non-confidential version. One original application and six copies shall
be submitted for the confidential version and the non-confidential
version respectively.
Article 11
MOFTEC shall, within 7 working days upon the receipt of the
application for new shipper review, notify the applicant of the original
anti-dumping investigation. The applicant of the original anti-dumping
investigation may make comments on whether MOFTEC should initiate the
review within 14 days after being notified.
Article 12
MOFTEC shall make a
decision on whether to initiate the review within 30 working days from
the date of receipt of the application, the evidence and materials
attached.
Article 13
MOFTEC shall
notify the applicant in writing and give reasons of not initiating the
review if it so decides.
Article 14
MOFTEC shall give a Public
Notice for initiation of new shipper review where it so decides.
The Public Notice of initiation shall contain the
following information:
(1)
Description of the product to be investigated;
(2)
Name of exporters and producers to be
investigated, and name of their countries (regions);
(3)
Date of initiation;
(4)
Period of review;
(5)
Time limits for interested parties to make
comments and to submit relevant materials;
(6)
Intent of the investigating authorities to carry
out on-the-spot verification;
(7)
Consequence of non-cooperation by interested
parties.
(8)
Ways of communication with the investigating
authorities.
Article 15
MOFTEC shall, before the
issuance of the Public Notice of initiation of the review, notify the
Customs to suspend, from the date of the Public Notice, the imposition
of anti-dumping duty on the product under investigation to be exported
by the applicant, but nevertheless shall require the importer of the
product under investigation exported by the applicant provide cash
deposit at a rate corresponding to the anti-dumping duty rate applied to
“other companies” as specified in the original anti-dumping final
determination.
Article 16
The investigation period
for new shipper review shall be 6 months prior to the submission of the
application.
Article 17
If necessary, MOFTEC
may conduct its investigation by issuing questionnaire to the applicant
of the new shipper review, the procedure of which shall be in line with
provisions of the “Provisional Rules of Ministry of Foreign Trade &
Economic Cooperation on Questionnaires in Antidumping Investigations ”.
Article 18
The normal value, export
price and dumping margin of the imported product shall be determined in
accordance with provisions of Articles 4, 5 and 6 of the “Anti-dumping
Regulation of the People’s Republic of China”.
Article 19
Where the export price is
constructed on the basis of the price at which the imported product is
resold to the first independent purchaser, if the applicant can provide
sufficient evidence to prove that the anti-dumping duty has been duly
reflected in the price at which the imported products are resold to the
first independent purchaser and in the price for the subsequent domestic
sales, MOFTEC shall not deduct the amount of anti-dumping duty paid when
calculating the constructed export price.
Article 20
MOFTEC may decide to
carry out an on-the-spot verification on the accuracy and completeness
of the evidence and materials provided by the applicant.
Procedures for the on-the-spot verification shall be in line with
provisions of the “Provisional Rules of Ministry of Foreign Trade &
Economic Cooperation on On-the-spot Verification in Anti-dumping
Investigations”.
Article 21
Preliminary determination
does not need to be made in new shipper review. However, after having
got preliminary conclusion of the investigation, MOFTEC shall disclose
facts and reasons on which the preliminary conclusion is based, and
shall give no less than 10 days to the interested parties for comments
and for submitting additional materials.
Article 22
The applicant for new
shipper review may offer a price undertaking to MOFTEC within 15 days
from the date on which the preliminary conclusion is disclosed.
Article 23
Where MOFTEC considers that
the price undertaking offered by the applicant of the review is
acceptable, after consulting with the State Economic and Trade
Commission, MOFTEC may decide to suspend or terminate the investigation
of the review, and notify the Customs to terminate the imposition of
anti-dumping duty on the product under investigation exported by such
new shipper from the date on which the price undertaking comes into
force.
The product under investigation exported by the new
shipper after the initiation of review and before the enforcement of the
price undertaking shall be subject to an anti-dumping duty which is
equivalent to the amount of cash deposit having been provided
Article 24
The investigation for new
shipper review shall be completed within 9 months from the date of
initiation.
Article 25
MOFTEC shall submit to the
Customs Tariff Commission of the State Council a proposal for
anti-dumping duty to be applied to the applicant of the review 15 days
prior to the end of the review investigation, and shall give a Public
Notice according to the decision made by the Customs Tariff Commission
of the State Council before the review investigation is ended.
Article 26
Where the review
determination results in existence of dumping,
the antidumping duties shall be retroactively levied on the
product under investigation which was exported by the applicant after
the initiation of the review and before the determination of the review.
Where the anti-dumping duty determined by the
review is higher than the cash deposit having been provided, the
difference shall not be collected; where the anti-dumping duty is lower
than the cash deposit, the difference shall be refunded.
Article 27
MOFTEC shall be responsible
for interpretation of these Rules.
Article 28
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to regulating the procedure for refund of
anti-dumping duty, these Rules are formulated in accordance with
provisions of the “Anti-Dumping Regulation of the People’s Republic of
China”.
Article 2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as “MOFTEC”) delegates the Bureau of Fair Trade
for Imports and Exports to be responsible for implementation of these
Rules.
Article 3
Having evidence to prove that the anti-dumping duty paid is
higher than the actual dumping margin, the importer of the dumped
product may file an application with MOFTEC for antidumping duty refund
in accordance with these Rules.
Article 4
The application for duty refund shall be filed not later than 3
months after the anti-dumping duty had been actually paid.
The application for duty refund concerning the
product under investigation imported after the initiation of an
anti-dumping investigation but before the final rulings shall not be
subjected to the preceding Paragraph of this Article, but nevertheless
shall be filed within 3 months after the final determination is made.
Article 5
The application for duty refund shall be filed in a written form,
and be formally signed by the legal representative of the applicant or
his/her authorized person.
Article 6
The application for duty refund shall be attached by the
following evidence and materials:
(1)
Name, address and relevant information of the
applicant and its supplier;
(2)
Average domestic prices, number of transactions
and total value of domestic sales; average export price, number of
transactions and total export value to the People’s Republic of. China;
average export price, number of transactions and total sales value to
the third country (region) during 6 months prior to the application.
(3)
Data of normal value and export prices of the
product under investigation during 6 months prior to the application;
(4)
All adjustments necessary for calculation of
margin of dumping and preliminary result of margin of dumping
calculation;
(5)
Copies of contracts, invoices, bills of lading,
certificates of payment relating to import of the product concerned
covered by the application for duty refund, and documentary evidence
proving that anti-dumping duty has been paid by the applicant;
(6)
Other information that the applicant considers
necessary to address.
Article 7
The submission of the information specified in Subparagraphs 1 to
4 of Article 6 of these Rules shall be in accordance with the content
and the form required by
the original anti-dumping questionnaire .
The evidence and materials attached to the
application shall include data of all models of the products subject to
anti-dumping measures. The
data of export price shall include all exports to the People’s Republic
of China made by the supplier of the applicant.
Article 8
Separate applications for duty refund shall be filed respectively
with respect to each single supplier where several suppliers are
concerned.
Article 9
Where the importer is not related to the exporter and producer,
and the aforesaid evidence and materials cannot be directly provided by
the importer, the application for duty refund shall include a statement
made by the exporter and producer.
The statement mentioned in the previous Paragraph
of this Article shall include the following items: margin of dumping of
the product concerned has been reduced or eliminated, and relevant
evidence and materials will be directly submitted to MOFTEC by the
exporter and producer in conformity with the required content and form
within 30 days from the date on which the application for duty refund is
filed.
MOFTEC may reject the application for duty refund
if the exporter and producer fails to submit the evidence and materials
in accordance with the statement within the specified time limit.
Article 10
The application shall be classified into confidential version (in case
where the applicant requests confidentiality treatment) and
non-confidential version. 1
original and 6 copies shall be submitted for both the confidential
version and the non-confidential version.
Article 11
MOFTEC may conduct an on-the-spot verification to examine
accuracy and completeness of the evidence and materials submitted by the
exporter and producer in accordance with the “Provisional
Rules of Ministry of Foreign Trade & Economic Cooperation on On-the-spot
Verification in Anti-dumping Investigations”.
If the interested party objects to the
verification, MOFTEC may make its determination on the basis of facts
available or best information available, or otherwise reject the
application.
Article 12
MOFTEC shall determine the normal value, export price and the
dumping margin of the product subject to the application for duty refund
6 months prior to the application in according with provisions of
Articles 4, 5 and 6 of the “Anti-dumping Regulation of the People’s
Republic of China”.
Article 13
Where the export price is constructed on the basis of the price
at which the imported product is resold to the first independent
purchaser, and where the applicant provides sufficient evidence to prove
that the anti-dumping duty has been duly reflected in the resale price
at which the imported products are resold to the first independent
purchaser and subsequent domestic sales price, MOFTEC shall not deduct
the amount of anti-dumping duty paid when calculating the constructed
export price.
Article 14
Where it is found through examination that the dumping margin is
not lower than originally determined, MOFTEC shall reject the
application for duty refund.
Article 15
MOFTEC shall notify the applicant and explain the reason if
the application is rejected.
Article 16
MOFTEC shall complete the review for duty refund within 12 months
upon the receipt of the application.
Article 17
MOFTEC shall submit a proposal for duty refund to the Customs
Tariff Commission of the State Council 15 days prior to the end of the
investigation of review for duty refund, and shall notify the applicant
and the Customs of the decision made by the Customs Tariff Commission of
the State Council before such investigation of review is ended.
Article 18
The amount of duty refundable shall be the difference between
the dumping margin determined in the original anti-dumping investigation
and the dumping margin newly determined.
Article 19
The result of review for duty refund shall not affect the
validity of the original anti-dumping measures.
Article 20
Once having found
through examination that the dumping margin has increased, MOFTEC may
initiate an interim review on its own initiative.
Article 21
MOFTEC shall be responsible for interpretation of these
Rules.
Article 22
These Rules shall enter into force from the date of 15 April
2002.
Article 1
With a view to ensuring fairness, justice and openness of
antidumping interim review, these Rules are formulated in accordance
with provisions of the “Anti-dumping Regulation of the People's Republic
of China”.
Article 2
The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as “MOFTEC”) delegates the Bureau of Fair Trade
for Imports and Exports to be responsible for implementation of these
Rules.
Article 3
These Rules apply, during the period that anti-dumping measures
are effective, to reviews on the necessity of whether to continue those
measures under the original form and at the original level given the
facts that the normal value and export price have changed since the
anti-dumping measures entered into force (hereinafter referred to as
“interim review”).
Article 4
MOFTEC may initiate an interim review upon application.
Where MOFTEC does not receive an application for
interim review but has reasonable ground for interim review, MOFTEC may,
after consulting with the State Economic and Trade Commission, initiate
an interim review on its own initiative.
Article 5
Domestic industries or natural person, legal person and other
organizations representing the domestic industry (hereinafter referred
to as “domestic industry”), or exporters and producers of the exporting
countries (regions) concerned, and domestic importers may all be
entitled to file an application with MOFTEC for interim reviews.
Article 6
The application for an interim review shall be filed within 30
days from the date after each single year has elapsed following the
anti-dumping measures entering into force.
An application for an interim review on the
determination of the previous review shall be filed within 30 days from
the date after one year has elapsed following the determination of
review entering into force.
Article 7
The exporters and producers applying for interim reviews shall be
the one who have exported to China the product subject to the
anti-dumping measures (hereinafter referred to as “product under
investigation”) within a period of 12 months prior to the application.
The export referred in the previous Paragraph of
this Article shall be made in sufficient quantities so as to constitute
the basis to determine export prices. Such quantities shall be
established on the basis of transaction volume under the normal
commercial conditions of the product under investigation.
Article 8
Where the original anti-dumping measure is the imposition of
anti-dumping duty, the export which is not subject to the anti-dumping
duty shall not be the basis for the application of interim reviews.
Article 9
The application for an interim review submitted by exporters or
producers shall be in a written form,
and signed by the legal representative or his/her authorized
person.
The application for interim review submitted by the
exporters or producers shall include the following evidence and
materials.
(1)
Applicant’s name, address and other relevant
information;
(2)
Data of domestic sales made by the applicant 12
months prior to the application;
(3)
Data of exports to China made by the applicant
12 months prior to the application;
(4)
All adjustments necessary for calculation of
dumping margin and preliminary result of dumping margin calculation;
(5)
Other information that applicant considers
necessary to address.
The submission of materials mentioned in
Subparagraphs 1 to 4 of the above Paragraph of this Article should be,
with respect to the content and the form, in line with requirements
specified in the original anti-dumping questionnaire.
Article 10
The application filed by the exporters and producers for an
interim review shall be classified into confidential version (if the
applicant requests for confidentiality treatment) and non-confidential
version. 1 original application and 6 copies shall be submitted for both
the confidential version and the non-confidential version respectively.
Article 11
MOFTEC shall, within 7 working days upon the receipt of the
application for the interim review from exporters or producers, notify
the applicant of the original antidumping investigation; the original
applicant may, within 21 days after being notified, make comments on
whether such review shall be initiated.
Article 12
Where domestic industry files an application for an interim
review, the evidence and materials provided by the domestic industry
concerning dumping and the applicant’s standing shall be in conformity
with provisions of Articles 14, 15 and 17 of the “Anti-dumping
Regulation of the People's Republic of China”.
Article 13
The application for an interim review filed by the domestic
industry may cover all exporters and producers in all or only a
proportion of exporting countries (regions) involved in the original
anti-dumping investigation, or it may also limit expressly the scope of
review to some specified exporters and producers.
Article 14
The formality of the application for an interim review filed by
the domestic industry shall be in line with Article 10 of these Rules.
Article 15
Upon the receipt of the application for an interim review filed
by the domestic industry, MOFTEC shall, within 7 working days, provide
to the representative institute of the exporting countries (regions)
concerned in China a non-confidential version and a non-confidential
summary of the confidential information of the application for the
review.
Article 16
The exporters and producers may comment on whether a review shall
be initiated within 21 days after MOFTEC has provided to the
representative institute of the exporting countries (regions) concerned
in China the non-confidential version and the non-confidential summary
of the confidential information of the application for the review.
Article 17
The application for interim review filed by importers shall
comply with relevant provisions specified in Articles 9 and 10 of these
Rules concerning application for interim reviews filed by the exporters
and producers.
Article 18
Where the importer is not related to the exporters and producers
concerned, and thereby cannot immediately obtain the evidence and
materials concerning the normal value and export price specified in
Article 9 of these Rules, or the exporters and producers concerned do
not agree to provide the above-mentioned evidence and materials to the
importer, the importer in question shall provide a statement made by the
exporters and producers, in which
the exporters and producers concerned have explicitly expressed
that the dumping margin has been reduced or eliminated, and the relevant
evidence and materials will be submitted directly to the MOFTEC under
the form and the content as required and specified within 30 days from
the date on which the application for the review is filed by the
importer.
Article 19
The evidence and materials which the exporters and producers
concerned submit according to Article 18 of these Rules shall comply
with provisions of Article 10 of these Rules.
Article 20
MOFTEC shall, within 7 working days upon the receipt of the
application for the interim review from importer, notify the applicant
of the original antidumping investigation; the original applicant may,
within 21 days after being notified, make comments on whether such
review should be initiated.
Article 21
MOFTEC shall, within 7 working days upon the receipt of the
application for an interim review, forward 1 copy of confidential
version of the application attaching relevant evidence and materials and
1 copy of non-confidential version of the application to the State
Economic and Trade Commission.
The State Economic and Trade Commission shall have
at least 20 days to examine the application and relevant evidence and
materials, and present views thereon.
Article 22
MOFTEC shall normally make a decision of whether to initiate a
review investigation within 60 days upon the receipt of the application
for the interim review.
Article 23
Having found, through examination, that the application for the
interim review and the attached evidence and materials are not in
conformity with provisions of these Rules, MOFTEC may require the
applicant provide additional information and make amendment within a
specified period of time.
If the applicant fails to provide additional information and make
amendment within the time limit, or after being supplemented or amended,
the application does not yet comply with the requirements under these
Rules, MOFTEC may reject the application, and notify the applicant in
writing and give reasons for that rejection.
Article 24
MOFTEC shall give a Public Notice upon its decision made to
initiate an interim review.
The Public Notice shall contain the following information:
(1)
Description of the product to be investigated;
(2)
Name of exporters, producers to be investigated
and name of the countries (regions) or countries (regions) of origin;
(3)
Date of initiation of the review;
(4)
Investigation period for review;
(5)
Summary of grounds on whether dumping margin is
increased or reduced, or eliminated;
(6)
Time limit for interested parties to comment and
to submit the relevant information;
(7)
Intent of the investigating authority to carry
out an on-the-spot verification;
(8)
Potential result for non-cooperation by relevant
interested parties.
(9)
Ways to contact the investigating authority.
Article 25
Where exporters and producers file an application for interim
review, the investigation of the review shall be limited only to the
normal value, export prices and dumping margin of the product under
investigation of the applicant.
Article 26
Where the domestic industry
files an application for interim review, the investigation of the review
shall cover the normal value, export prices and dumping margin of the
product under investigation of all exporters and producers concerned of
the countries (regions) specified in the application. Those exporters
and producers, whose dumping margins were determined as zero or
de minimis in the original
anti-dumping investigation, shall also be subject to the review
investigation.
Where the domestic industry file an application for
interim review only on some individual exporter and producer in
exporting countries (regions) of the original antidumping investigation,
MOFTEC may focus its investigation only on the normal value, export
prices and dumping margin of the product under investigation of the
aforesaid exporter and producer.
Article 27
Where the importer applies for an interim review, the
investigation of the review shall be limited only to the normal value,
export prices and dumping margin of the product under investigation of
the exporters and producers who have stated to submit relevant evidence
and materials to MOFTEC.
Article 28
The period of investigation for an interim review is the 12
months prior to the submission of the application for the review.
Article 29
In case where the number of exporters and producers, the type of
products or transactions is so large that it would be unduly burdensome
and thereby would impede the investigation to be completed timely to
determine a separate dumping margin to each individual exporters and
producers or to investigate all types of products or all transactions,
MOFTEC may use sampling method for the investigation in accordance with
provisions of the “Provisional Rules of Ministry of Foreign Trade &
Economic Cooperation for Anti-dumping Investigation by Sampling”.
Article 30
The establishment,
adjustments and comparison of normal value and the export price and the
calculation of dumping margin in the investigation of interim review
shall be in conformity with provisions of Articles 4, 5 and 6 of the
“Anti-dumping Regulation of the People’s Republic of China”.
Article 31
During the investigation of interim review, where the export
price is constructed on the basis of the price at which the imported
product is resold to the first independent purchaser, and where the
exporters or producers provide sufficient evidence to prove that the
anti-dumping duty has been duly reflected in the price at which the
imported products are resold to the first independent purchaser and in
the price for the consequent sales in China, MOFTEC shall not deduct the
amount of anti-dumping duty paid while calculating the constructed
export price.
Article 32
MOFTEC may, according to the “Provisional Rules of Ministry of
Foreign Trade & Economic Cooperation on On-the-spot Verification in
Anti-dumping Investigations”, conduct an on-the-spot verification on the
accuracy and completeness of the information and materials provided by
the exporters and producers.
Article 33
Preliminary determination does
not need to be made in interim reviews. However, after having got
preliminary conclusion of the investigation, MOFTEC shall disclose facts
and reasons on which the preliminary conclusion is based in accordance
with Paragraph 2 of Article 25 of the “Anti-dumping Regulation of the
People’s Republic of China” and “Provisional Rules of Ministry of
Foreign Trade & Economic Cooperation on Disclosure of Information in
Anti-dumping Investigations”, and shall give no less than 10 days to the
interested parties for making comments and submitting additional
information.
Article 34
The review applicant shall not withdraw its application after the
preliminary conclusion of the investigation for interim review, the
facts and reasons on which such preliminary conclusion are based have
been disclosed.
Article 35
The exporter may offer a price undertaking within 15 days after
the preliminary conclusion of the investigation for interim review, the
facts and reasons on which the preliminary conclusion are based have
been disclosed.
If MOFTEC decides to accept the price undertaking
offered after consulting with the State Economic and Trade Commission,
MOFTEC shall, in accordance with relevant provisions of Article 33 of
the “Anti-dumping Regulation of the People’s Republic of China”, submit
a proposal to the Customs Tariff Commission of the State Council. The
Customs Tariff Commission of the State Council shall make a decision
thereof upon the proposal submitted by MOFTEC. Such decision shall be
published in the Public Notice by MOFTEC.
Article 36
The interim review shall be completed within 12 months from the
date of its initiation.
Article 37
MOFTEC shall, 15 days prior to the end of the review
investigation, submit a proposal to the Customs Tariff Commission of the
State Council for retaining, amending or removing the anti-dumping duty,
and shall, according to the decision made by the Customs Tariffs
Commission of the State Council, give a Public Notice before the review
investigation is ended.
Article 38
During the course of interim review, the original anti-dumping
measures shall remain in force. The determination of the review shall
enter into force from the date on which the Public Notice for the
determination of the review is given, without retroactive assessment.
Article 39
Where an investigation of interim review, having been applied by
exporters, producers and importers concerned one year prior to the
expiration of the anti-dumping measure, is not completed at the end of
the validity of the anti-dumping measure, meanwhile, neither the
domestic industry applies for sunset review nor MOFTEC decides to
initiate such sunset review on its own initiative, MOFTEC shall give a
Public Notice to terminate the ongoing interim review and the
application of the anti-dumping measure.
Article 40
Where an interim review, having been applied by domestic
industry one year prior to expiration of the anti-dumping measures, is
not completed by the expiration of the anti-dumping measure, MOFTEC may
regard it as the domestic industry has already filed an application for
sunset review, and may initiate the sunset review by giving a Public
Notice. MOFTEC may combine the interim review and sunset review and make
a determination simultaneously.
Article 41
MOFTEC shall be responsible for interpretation of these Rules.
Article 42
These Rules shall enter into force from the date of 15 April
2002.
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