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中华人民共和国反倾销和反补贴条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING ANTI-DUMPING AND ANTI-SUBSIDY

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国务院令第214号
(Promulgated by Decree No. 214 of the State Council of the People's Republic of China on March 25, 1997)
颁布日期:19970325  实施日期:19970325  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated in accordance with the relevant provisions of the

  Article 2 Anti-dumping or anti-subsidy measures shall be taken in pursuance of the provisions of these Regulations in respect of import products adopting the form of dumping or subsidy and causing substantial damage to the established related domestic industries or producing threat of substantial damage therefrom, or creating substantial obstacles in the establishment of related domestic industries.

  Chapter II Dumping and Damage

  Article 3 Export price of an import product lower than its normal value shall be construed as dumping.

  Article 4 The normal value shall be determined according to the following methods:

  (1)Identical or similar products of the import product with comparable price in the market of the exporting country, the said comparable price shall be the normal value;

  (2)Identical or similar product of the import product without comparable price in the market of the exporting country, the comparable price of the said identical or similar product for export to a third country or the production cost plus reasonable expenses and profit shall be the normal value.

  Article 5 Export price shall be determined according to the following methods:

  (1)An import product with price of actual paid purchase price or payable purchase price, the said price shall be the export price;

  (2)An import product without price of actual paid purchase price or payable purchase price, or the price of which not determinable, the price at which the said import product first resold to an independent purchaser or the price computed by the Ministry of Foreign Trade and Economic Cooperation in consultation with the General Administration of Customs on a reasonable basis shall be the export price.

  Article 6 The margin of the export price of an import product lower than its normal value shall be the range of dumping.

  Fair and rational comparison should be made of the export price and normal value of an import product and the range of dumping determined thereof.

  Article 7 The damage includes the substantial damage caused by dumping to the established related domestic industries or the threat of substantial damage produced therefrom, or the substantial obstacles created for the establishment of related domestic industries.

  Article 8 The following particulars should be examined in the determination of damage caused by dumping to domestic industries:

  (1)Quantity of a dumping product including the total volume of the dumping product or the increment in relation to the identical or similar domestic product and the possibility of a great increment;

  (2)Price of a dumping product including the price reduction of the dumping product or its impact on the price of the identical or similar domestic product;

  (3)Impact of a dumping product on the domestic industry; and

  (4)Production capacity, export capability and inventory of a dumping product of the exporting country.

  Article 9 Anti-dumping investigation involving an import product of more than two countries, cumulative evaluation of the impact of the related import product may be carried out.

  Article 10 The domestic industry shall mean all the producers of the identical or similar product within the territory of the People's Republic of China, or the producers whose total volume of production take up large part of the total volume of production of the identical or similar domestic product; however, domestic producers who are related to the export operators or the import operators, or who themselves are import operators of the dumping product, can be excluded.

  Chapter III Anti-dumping Investigation

  Article 11 Domestic producers of the identical or similar product of an import product or relevant organizations(hereinafter referred to as the applicant) may, pursuant to the provisions of these Regulations, submit written applications for anti-dumping investigation to the Ministry of Foreign Trade and Economic Cooperation.

  Article 12 The application shall include the following contents:

  (1)Names and addresses of the applicant and the producers he or she represents;

  (2)Name, category, serial number in the tariff schedule of the import product as well as the name and category of the identical or similar domestic product;

  (3)Quantity and price of the dumping product and its impact on the domestic industry;

  (4)The cause and effect relationship between the dumping and damage; and

  (5)Other contents prescribed by the Ministry of Foreign Trade and Economic Cooperation.

  The application should enclose necessary evidences.

  Article 13 The Ministry of Foreign Trade and Economic Cooperation shall, upon receipt of the written application of the applicant, examine the application and the evidences enclosed therewith; whether a case shall be recorded for investigation or not shall be decided on upon consultation with the State Economic and Trade Commission.

  Article 14 In case of extraordinary circumstances when the Ministry of Foreign Trade and Economic Cooperation has sufficient evidence to come to the view that there exists the cause and effect relationship between the dumping and damage, the Ministry may, upon consultation with the State Economic and Trade Commission, record a case for investigation on their own.

  Article 15 The period of anti-dumping investigation shall be twelve months starting from the date of announcement of the decision on the recording of the case for investigation to the date of announcement of final arbitration which can be extended to eighteen months under extraordinary circumstances.

  Article 16 The Ministry of Foreign Trade and Economic Cooperation shall make an announcement on the decision whether a case shall be recorded for investigation or not and notify such parties interested as the applicant, known export operators and import operators and the government of the exporting country.

  Article 17 Upon the decision to record a case for investigation, the Ministry of Foreign Trade and Economic Cooperation in conjunction with the General Administration of Customs carry out investigation of the dumping and The range of dumping, the State Economic and Trade Commission in conjunction with the departments concerned under the State Council conduct investigation of the damage and the extent of damage, the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission shall make their respective preliminary arbitration on the basis of the results of investigation which shall be announced by the Ministry of Foreign Trade and Economic Cooperation.

  Whereas the dumping and damage are established in the preliminary arbitration, further investigation shall be carried out on the dumping, the range of dumping, the damage and the extent of damage pursuant to the provision of the preceding paragraph, and the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission shall make their respective final arbitration which shall be announced by the Ministry of Foreign Trade and Economic Cooperation.

  Article 18 Anti-dumping investigation shall be terminated in the event of any of the following circumstances which shall be announced by the Ministry of Foreign Trade and Economic Cooperation:

  (1)The application withdrawn by the applicant;

  (2)There exists no dumping and damage in the preliminary arbitration;

  (3)There exists no dumping and damage in the final arbitration; and

  (4)The range of dumping or the import volume of the dumping product may be neglected and not counted.

  Article 19 In the course of investigations conducted by the Ministry of Foreign Trade and Economic Cooperation in conjunction with the General Administration of Customs and by the State Economic and Trade Commission in conjunction with the departments concerned under the State Council, investigative questionnaire can be distributed to the Interested parties and sampling investigations carried out; at the request of the interested parties, opportunities shall be provided for the interested parties to make representations.

  The Ministry of Foreign Trade and Economic Cooperation may despatch staff to the countries concerned to conduct investigation when it deems necessary except that the countries concerned raise objections.

  Article 20 In the course of investigations conducted by the Ministry of Foreign Trade and Economic Cooperation in conjunction with the General Administration of Customs and by the State Economic and Trade Commission in conjunction with the departments concerned under the State Council, the interested parties should explain the situation as it is and provide relevant information. The interested parties do not explain the situation as it is and provide relevant information, or obstruct investigation in other forms, the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission may make the arbitration on the basis of existing materials.

  Article 21 The Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission should allow the applicant and the interested parties to refer to information related to the case save that the information belongs to the secret file.

  Chapter IV Anti-dumping Measures

  Article 22 In case of established dumping by the preliminary arbitration and damage caused to the domestic industry therefrom, the following interim anti-dumping measures may be taken:

  (1)Collection of interim anti-dumping duty in accordance with prescribed procedures;

  (2)To demand that cash deposit or security in other forms be provided.

  The amount of interim anti-dumping duty and the amount of cash deposit and security in other forms should be commensurate with the range of dumping determined by the preliminary arbitration.

  Collection of interim anti-dumping duty shall be decided by the Tariff Commission under the State Council on the basis of proposals of the Ministry of Foreign Trade and Economic Cooperation. The demand of provision of cash deposit or security in other forms shall be decided by the Ministry of Foreign Trade and Economic Cooperation.

  Article 23 The decision of interim anti-dumping measures shall be announced by the Ministry of Foreign Trade and Economic Cooperation and implemented by the Customs.

  Article 24 The period of interim anti-dumping duty shall be four months starting from the date of announcement on the decision of interim anti-dumping measures; it can be extended to nine months in case of extraordinary circumstances.

  Article 25 In respect of export operators or government of the exporting country of the dumping product make the commitment of proposed effective measures to remove the damage caused by dumping to the domestic industry, the Ministry of Foreign Trade and Economic Cooperation may, upon consultation with the State Economic and Trade Commission, decide to suspend anti-dumping investigation and make an announcement.

  The Ministry of Foreign Trade and Economic Cooperation may request the export operators or the government of the exporting country of the preceding paragraph to regularly provide relevant information on the fulfillment of the committment.

  Article 26 In respect of failure of the export operators or government of the exporting country to fulfil the committmentor withdrawal of the committment, the Ministry of Foreign Trade and Economic Cooperation may, upon consultation with the State Economic and Trade commission, decide to resume anti-dumping investigation.

  Article 27 In respect of the existence of dumping by final arbitration and the damage caused thereby to the domestic industry, anti-dumping duty may be levied and collected in accordance with prescribed procedures and an announcement made by the Ministry of Foreign Trade and Economic Cooperation.

  Collection of anti-dumping duty shall be proposed by the Ministry of Foreign Trade and Economic Cooperation, decided by the Tariff Commission under the State Council and effected by the Customs.

  Article 28 The import operator of the dumping product shall be the taxpayer of the anti-dumping duty.

  Article 29 The amount of the anti-dumping duty shall not exceed the range of dumping determined by the final arbitration.

  Article 30 In case of the determined anti-dumping duty lower than the interim anti-dumping duty, the over collected portion should be refunded; in case of the determined anti-dumping duty higher than the interim antidumping duty, the under collected portion shall not be made up any more.

  Article 31 In case of decision not to collect anti-dumping duty, the interim anti-dumping duty collected, and the cash deposit or security in other forms taken should be refunded.

  Article 32 In case of the following two circumstances existing side by side, the Tariff Commission under the State Council may, upon proposal of the Ministry of Foreign Trade and Economic Cooperation decide to retroactively collect anti-dumping duty on the import dumping product ninety days before the announcement of the decision of interim anti-dumping measures:

  (1)The dumping product has a history of dumping causing damage to the domestic industry, or the import operator of the dumping product is aware or should be aware of the fact that the export operator of the said product is dumping the product and the dumping will cause damage to the domestic industry;

  (2)Large volume of import of the dumping product within a short period which has already caused damage to the domestic industry.

  Article 33 The period of collection of the anti-dumping duty and price committment in pursuance of the provisions of these Regulations shall be five years. Within this period, the Ministry of Foreign Trade and Economic Cooperation may, upon consultation with the State Economic and Trade Commission, reexamine the decision on the collection of the antidumping duty on its own or at the request of the interested parties, and within twelve months starting from the date of reexamination submit its proposal to the Tariff Commission on the revision, cancellation or retention of the decision on the collection of the anti-dumping duty for reexamination and decision by the Tariff Commission under the State Council which shall be announced by the Ministry of Foreign Trade and Economic Cooperation.

  Article 34 In case of the import operator of the dumping product having evidences to prove that the paid amount of anti-dumping duty has exceeded the range of dumping, it may apply to the Ministry of Foreign Trade and Economic Cooperation for refund. Upon examination and verification by the Ministry of Foreign Trade and Economic Cooperation in conjunction with the General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation shall put forth a proposal of refund for decision by the Tariff Commission under the State Council and implementation by the Customs.

  The decision on the refund of the preceding paragraph shall be made within eighteen months starting from the date of receipt of the application for refund.

  Article 35 The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission and the departments concerned under the State Council may take appropriate measures to prevent acts of evading the anti-dumping measures.

  Chapter V Special Provisions on Anti-subsidy

  Article 36 Financial assistance or interest provided directly or indirectly by foreign governments or public institutions to industries and enterprises shall be subsidy.

  Article 37 These Regulations are applicable to import products with subsidies. However, these Regulations shall not be applicable to import products with subsidies for the sole purpose of industrial research and development, supporting the backward regions and environmental protection.

  Article 38 The net amount of subsidy accepted by the subsidized product shall be the amount of subsidy.

  The amount of subsidy should be calculated in a fair and reasonable manner.

  Article 39 The relevant provisions of Chapters II, III and IV of these Regulations shall be applicable to the damage caused by subsidy, anti-subsidy investigations and implementation of anti-subsidy measures.

  Chapter VI Supplementary Provisions

  Article 40 In case of any country or region adopting discriminatory anti-dumping or anti-subsidy measures against export products of the People's Republic of China, the People's Republic of China may take corresponding measures against the said country or the said region in the light of actual circumstances.

  Article 41 The Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission may, in conjunction with the departments concerned under the State Council work out related specific measures in accordance with these Regulations.

  Article 42 These Regulations shall enter into force as of the date of promulgation.

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