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State Council On Amending The People's Republic Of China Anti-Dumping Ordinance Decision

Original Language Title: 国务院关于修改《中华人民共和国反倾销条例》的决定

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(March 31, 2004 People's Republic of China State makes No. 401, announced since June 1, 2004 up purposes) State decided on People's Republic of China anti-dumping Ordinance for following modified: a, and will third article, and fifth article, and 13th article, and 16th article, and 18th article first paragraph, and 19th article, and 20th article third paragraph, and 25th article second paragraph, and 27th article, and 29th article, and 31st article first paragraph, and 31st article second paragraph, and 33rd article second paragraph, and 35th article, and
    38th article, and 46th article, and 47th article, and 49th article second paragraph, and 50th article, and 57th article in the of "foreign trade economic cooperation Department (Ministry)" modified for "Commerce"; while, will 27th article first paragraph subsection (five) items in the of "Ministry and national economic and Trade Commission common think" modified for "Commerce think", by deleting to 16th article, and 18th article in the of "business national economic and Trade Commission Hou" and the 50th article in the of "business national economic and Trade Commission Hou".
    In the second, the seventh "State economic and Trade Commission (setc)" is amended as "Ministry of Commerce". Third, delete the 18th article.
    Accordingly the 20th article II, 20th, 21st, 22nd, 23rd and 31st article, 32nd, 33rd, in the article "investigating authority" is amended as "Ministry of Commerce".
    Four, the 25th article, 55th, 58th in the "MOFTEC and the State economic and Trade Commission" is amended as "Ministry of Commerce", while the 25th article of the "MOFTEC shall announce" amended to "announce".
    In section v, the 36th "after his business State economic and Trade Commission of the Ministry", 49th in the article "business State economic and Trade Commission of the Ministry" is amended as "Ministry of Commerce". Six, the 24th is revised as follows: "Department of Commerce according to the findings, dumping, injury and whether the causal link established between the two initial Awards, and make an announcement.
    "Seven, the 28th, 29th and 45th in the" cash deposit "is amended as" margin ". Eight, the 33rd article modified as follows: "the Commerce Department considers the export operators to make pricing commitments acceptable and consistent with the public interest, may decide to suspend or terminate the anti-dumping investigation, provisional anti-dumping measures are not taken or imposed anti-dumping duties. Suspend or terminate the anti-dumping investigation shall be published by MOFCOM. "Article nine, the 34th in the first paragraph of" upon request of the exporter or the investigating authority considers it necessary, the investigating authorities can continue the investigation of dumping and injury "is amended as" upon request of the exporter, the Ministry of Commerce of the continuation of dumping and injury should be investigated; or the Commerce Department considers it necessary, you can continue the investigation of dumping and injury. "
    Meanwhile, in the second paragraph of this article "make an affirmative determination of dumping or injury, prices remain in force," amended to "make an affirmative determination of dumping and injury, and prices remain in force". Ten, in the 37th to increase "levy anti-dumping duties should be consistent with the public interest" provision, this article is revised as follows: "final decision determining dumping and injury caused by dumping to a domestic industry, anti-dumping taxes can. Levy anti-dumping duties should be consistent with the public interest. "One paragraph is added in article XI in the 44th as the second paragraph, States:" the Ministry of Commerce after the initiation of an investigation, there is sufficient evidence to prove that coexistence of two scenarios listed in the preceding paragraph, you can take necessary measures such as import registration against the imported product, in order to back levy anti-dumping duties.
"In article 12, the 47th" during the investigation, not to People's Republic of China exported new exporter of the product "is amended as" during the period of investigation did not provide People's Republic of China exported new exporter of the product. " In addition, the individual words have been modified. This decision shall take effect on June 1, 2004.

    People's Republic of China anti-dumping Ordinance be amended accordingly pursuant to this decision, republished.
    Attachment: People's Republic of China anti-dumping regulations (revised 2004) (November 26, 2001, People's Republic of China promulgated by Decree No. 328, released March 31, 2004, the State Council on changes of People's Republic of China anti-dumping Ordinance decision Amendment) Chapter I General provisions article I in order to maintain the foreign trade order and fair competition, according to the People's Republic of China foreign trade and relevant provisions of the law, this Ordinance is enacted.
    Second dumping of imported products into the People's Republic of China market, and established domestic industry to cause material injury or threat of material injury, or cause material retardation to the establishment of a domestic industry, in accordance with the provisions of this Ordinance Survey, taking anti-dumping measures.
    Chapter III dumping and injury dumping is in the ordinary course of trade in the export price of the imported products at less than its normal value into People's Republic of China market.
    The dumping investigation and determined by the Ministry of Commerce. Fourth article imports products of normal value, should difference different situation, according to following method determine: (a) imports products of similar products, in export country (area) domestic market of normal trade process in the has comparable price of, to the comparable price for normal value; (ii) imports products of similar products, in export country (area) domestic market of normal trade process in the no sales of, or the similar products of price, and number cannot according to to for fair compared of,
    The export of similar products to an appropriate third country (region) of comparable price or to the similar products in the country of origin (region) of the production costs plus reasonable expenses and profit, normal values.
    Imports products not directly from native country (area) of, according to Qian paragraph subsection (a) items provides determine normal value; but, in products only through export country (area) transit, and products in export country (area) no production or in export country (area) in the not exists comparable price, case Xia, can to the similar products in native country (area) of price for normal value. Fifth article imports products of export price, should difference different situation, according to following method determine: (a) imports products has actual paid or should paid of price of, to the price for export price; (ii) imports products no export price or its price not reliable of, to according to the imports products first turned sale to independent purchase people of price presumption of price for export price; but, the imports products not turned sale to independent purchase people or not by imports Shi of State turned sale of,
    Department of Commerce according to the presumption of reasonable prices for export prices.
    Sixth the export price is less than its normal value of an imported product, the margin of dumping.
    The export price and the normal value for imports should be taken into consideration factors which affect price comparability, in accordance with a fair and reasonable manner.
    Determination of the dumping margin should be the weighted average normal value with a weighted average of prices of all comparable export transactions, or normal value and export prices on a transaction-by-basis compares.
    Export prices for different purchasers, regions, there is a big difference between, in accordance with the provisions of the preceding paragraph is difficult to compare, a weighted average normal value can be compared with the single export transaction prices.
    Article seventh damage refers to the domestic industry of dumping has been established to cause material injury or threat of material injury, or caused material retardation to the establishment of a domestic industry.
    Investigation of the damage and to determine, by the Ministry of Commerce, in which the injury to the domestic industry of anti-dumping investigations involving agricultural products, carried out by the Ministry of Commerce in collaboration with the Ministry of agriculture.
    Eighth article in determine dumping on domestic industry caused of damage Shi, should review following matters: (a) dumping imports products of number, including dumping imports products of absolute number or relative Yu domestic similar products production or consumption of number whether large increased, or dumping imports products large increased of possibilities; (ii) dumping imports products of price, including dumping imports products of price cut or on domestic similar products of price produced significantly inhibit, and down, effect;
    (C) the dumped imports on the domestic industry of relevant economic factors and targets of the impact; (d) the exporter of the dumped imports (region), country of origin (region) of production capacity and export capacity, the inventory of the product under investigation; (v) the other factors causing injury to the domestic industry.
    Determination of threat of material injury, should be based on facts and not merely on allegation, conjecture or remote possibility.
    In the determination of injury caused by dumping to a domestic industry shall be based on positive evidence, damage caused by non-dumping factors must not be attributed to dumping.
    Nineth article dumping imports products from two a above national (area), and while meet following conditions of, can on dumping imports products on domestic industry caused of effect for cumulative assessment: (a) from each national (area) of dumping imports products of dumping range not is less than 2%, and its imports volume not belongs to can ignored regardless of of; (ii) according to dumping imports products Zhijian and dumping imports products and domestic similar products Zhijian of competition conditions, for cumulative assessment is appropriate of.
    Negligible, is from a country (region) of the quantity of dumped imports less than 3% per cent of total imports of similar products, but less than 3% a number of countries (region) total imports total imports more than similar products except 7%.
    Tenth article assessing the impact of the dumped imports shall be determined separately for the production of the domestic like product; cannot be separately identified for the production of the domestic like product, should be reviewed, including the domestic similar product one product group or scope of production. 11th domestic industry, refers to People's Republic of China all producers of the domestic like product, or its output accounted for similar products are all a major part of the total production of the domestic producers, but domestic producers related to exporters or importers, or themselves importers of the dumped imports, it can be excluded from the domestic industry.

    In special circumstances, the domestic producers in a regional market, in the market sell all or almost all of its products, and similar products in the market demand is not supplied by producers in other parts of the country, can be regarded as a separate industry.
    12th similar products, refers to the dumped imports of the same product; do not have the same product, with most similar with those of the dumped imports products for similar products.
    Chapter III anti-dumping investigations article 13th domestic industry or a natural person, legal person or organization on behalf of the domestic industry (hereinafter the applicant), pursuant to the provisions of the anti-dumping investigation and a written application to the Ministry of Commerce.
    14th article applications should including following content: (a) applicants of name, and address and the about situation; (ii) on application survey of imports products of full description, including products name, and by involved of export country (area) or native country (area), and known of export operators or producers, and products in export country (area) or native country (area) domestic market consumption Shi of price information, and export price information,; (three) on domestic similar products production of number and value of description;
    (D) the quantities and prices of the imported products under application for investigation to the domestic industry influence and (v) other content deemed necessary instructions. 15th the application shall be attached with the following evidence: (a) the existence of dumping of imported products under application for investigation; (b) the damage to the domestic industry; (c) a causal relationship between dumping and injury.
    16th Ministry of Commerce shall receive applicants submit applications and within 60 days from the date of the relevant evidence, whether on application by or on behalf of the domestic industry the domestic industry, application forms and the report of review of the evidence, and decide to initiate an investigation or not to initiate an investigation.
    In front of the decision to initiate an investigation, it shall notify the exporting country (region).
    17th expressed support for the application or objection to the application in the domestic industry and supporter accounts for supporters and opponents of the 50% per cent of the total production, and shall determine the application is made by or on behalf of the domestic industry the domestic industry, you can launch an anti-dumping investigation, however, expressed support for the application of the domestic producer's yield of less than 25% of total domestic like product, not launch anti-dumping investigations.
    Article 18th, in special cases, the Ministry of Commerce received no written application of anti-dumping investigations, but there is sufficient evidence to believe that there is dumping and injury, and there is a causal relationship between the two, you can decide to initiate an investigation.
    Article 19th investigation decision, shall be published by MOFCOM, and notify the applicant, known exporters and importers, exporters (region), as well as other interested organizations and individuals (hereinafter referred to as stakeholders).
    Decided upon the announcement of the investigation, commerce applications text should be provided to the known exporters and exporting country (region).
    20th Ministry of Commerce may questionnaire, sampling, hearings, on-site verification, to the stakeholders to understand the situation, to investigate.
    MOFCOM shall provide the relevant interested parties with opportunities for stating opinions and arguments.
    The Commerce Department considers it necessary, send functionaries to the relevant country (region) for conducting the investigation, however, the relevant country (region) except for objections. 21st Ministry of Commerce to conduct surveys, stakeholders should faithfully reflect the situation, provide the relevant information.
    Stakeholders do not accurately reflect the situation, provide relevant information, or does not provide the necessary information within a reasonable time, or otherwise seriously prejudice the investigation, commerce can have to get the facts and the best available information to make decisions.
22nd stakeholders think that the information they provide will have a serious negative impact, can apply to the Ministry of Commerce on the information information treated as confidential. The Commerce Department considers confidential application is justified, should be made available to stakeholders materials information treated as confidential, also asked stakeholders to provide a non-confidential summary of the information.
    According to the confidential treatment of information without consent of the interested parties of the information provided and shall not be disclosed.
    23rd Ministry of Commerce shall allow the applicant and interested parties to have access to information pertaining to the case, but data are treated as confidential except where.
    24th Ministry of Commerce according to the findings, dumping, injury and whether the causal link established between the two made preliminary decisions and announce them.
    25th early determination of dumping, injury and the causal relationship between the two, the Ministry of Commerce on dumping and dumping, damage and continuing to study the extent of the damage, according to survey results made final determinations shall be published.
    Before final decisions are made, MOFCOM shall the final award will be based on the basic facts to inform all known interested parties.
    Article 26th anti-dumping investigation shall initiate an investigation within 12 months from the date of the publication of the decision to end special case can be extended, but the extension period shall not exceed 6 months.
    27th article has following case one of of, anti-dumping survey should terminated, and by commerce be announcement: (a) applicants revoked application of; (ii) no enough evidence proved exists dumping, and damage or both Zhijian has causal relationship of; (three) dumping range below 2% of; (four) dumping imports products actual or potential of imports volume or damage belongs to can ignored regardless of of; (five) Commerce think not suitable continues to for anti-dumping survey of.
    From one or some countries (area) the product under investigation before subparagraph (ii), (iii), (iv) one of the circumstances listed, anti-dumping investigation shall be terminated for the product in question. Fourth chapter, section I of the anti-dumping measures article 28th of provisional anti-dumping measures established preliminary determination of dumping, and thus cause damage to the domestic industry, the following provisional anti-dumping measures can be taken: (a) imposing provisional anti-dumping duty, (ii) requires provision of deposit, bond or other forms of security.
    Provisional anti-dumping duty tax or provide security deposit, guarantee or other form of guarantee amount shall be no more than a preliminary determination of dumping margins. 29th imposing provisional anti-dumping duty, recommendations by the Ministry of Commerce, the customs tariff Commission of the State Council upon recommendation of the Department of Commerce decision, shall be published by MOFCOM. Requirements provision of deposit, bond or other form of guarantee, by the Ministry of Commerce and announce a decision.
    Customs notice provisions from the date of implementation.
    30th term imposed temporary anti-dumping measures, from the date of announcement of provisional anti-dumping measures provided to implement, not more than 4 months in exceptional cases, may be extended to 9 months.
    Reflexive dumping investigation decision within 60 days from the date of the announcement, the provisional anti-dumping measures may be taken.
    Price undertakings in section II article 31st exporters in anti-dumping investigations of dumped imports during may be made to the Ministry of Commerce to change prices or cease exports at dumped prices, price undertakings.
    Recommendation of the Ministry of Commerce may submit price undertakings to the exporter.
    The Ministry of Commerce may not force the export operators to make pricing commitments. 32nd exporter not to price undertakings or does not accept the recommendations of the price undertaking, without prejudice to the investigation and determination of anti-dumping cases.
    Exporters continue to dumped imports, the Ministry determined threat of injury is more likely. Article 33rd Commerce Department considers the export operators to make pricing commitments acceptable and consistent with the public interest, may decide to suspend or terminate the anti-dumping investigation, provisional anti-dumping measures are not taken or imposed anti-dumping duties.
    Suspend or terminate the anti-dumping investigation shall be published by MOFCOM.
    MOFCOM does not accept the pricing commitments, relevant export business operators should be justified.
    Ministry of Commerce on dumping and damage caused by dumping before making an affirmative initial award, shall not seek or accept pricing commitments.
    Provisions in accordance with the first paragraph of this section 33rd 34th suspending or terminating the anti-dumping investigations, upon request of the exporter, the Ministry of Commerce of the continuation of dumping and injury should be investigated; or the Commerce Department considers it necessary, you can continue the investigation of dumping and injury.
    According to the findings of the preceding paragraph, made a negative determination of dumping or injury, price commitments shall automatically lapse made an affirmative determination of dumping and injury, and prices remain in force.
    35th Ministry of Commerce may ask the exporter to provide regular fulfil its undertaking relevant information and materials, and verified.
    36th exporter in violation of their pricing commitments, the Ministry of Commerce in accordance with the provisions of this Ordinance, immediately decided to resume the anti-dumping investigation based on the best information available and decided to take temporary anti-dumping measures, and can impose temporary anti-dumping measures within 90 days before the anti-dumping tax on imported product traceability, but violations of price undertakings except for products imported before. 37th anti-dumping duties in section III final determination dumping and injury caused by dumping to a domestic industry, anti-dumping taxes can.
    Levy anti-dumping duties should be consistent with the public interest. Article 38th levy anti-dumping duties, recommendations by the Ministry of Commerce, the customs tariff Commission of the State Council upon recommendation of the Department of Commerce decision, shall be published by MOFCOM.
    Customs notice provisions from the date of implementation.
    39th article of the anti-dumping duty applicable to the final publication of the decision to import products in the future, but these regulations 36th, 43rd, 44th, except in the case provided for in article.
    40th article of the anti-dumping duty taxpayers rather than the importer of dumped imports. 41st anti-dumping duties shall, depending on the dumping margin of the exporter, respectively.
    For exporters that are not included within the scope of review of the dumped imports, need to levy anti-dumping duties shall be determined in accordance with a reasonable amount of anti-dumping duty applicable to them. 42nd anti-dumping tax of not more than final determinations to determine margins of dumping.

    43rd final determination of material injury, and had to take temporary anti-dumping measures, anti-dumping duties have been applied temporary anti-dumping measures levied retroactively for the period.
    A final determination established the existence of a threat of material injury, temporary anti-dumping measures were not taken earlier will lead to material injury determination cases have subsequently made to take temporary anti-dumping measures, anti-dumping duties have been applied temporary anti-dumping measures levied retroactively for the period.
    Final determination of anti-dumping duties, above paid or payable, the provisional anti-dumping duty, or the amount estimated for security purposes, the difference shall not be collected; below has been paid or payable and the provisional anti-dumping duty, or the amount estimated for security purposes, the difference shall be refunded or the duty recalculated under the circumstances. 44th article following two species case coexist of, can on implementation temporary anti-dumping measures of recently 90 days within imports of products dates back levy anti-dumping tax, but filed survey Qian imports of products except: (a) dumping imports products has on domestic industry caused damage of dumping history, or the products of imports operators know or should know export operators implementation dumping and dumping on domestic industry will caused damage of; (ii) dumping imports products in short-term within large imports,
And could seriously undermine the remedial effect of the anti-dumping duties imposed.
    Department of Commerce launched investigation, there is sufficient evidence to prove that coexistence of two scenarios listed in the preceding paragraph, you can take necessary measures such as import registration against the imported product, in order to back levy anti-dumping duties.
    45th final determination not to levy anti-dumping duties, or the final decision was not determined anti-dumping duties levied retroactively, has imposed provisional anti-dumping duty, receipt of the security deposit shall be refunded, bond or other forms of security should be lifted.
    Article 46th importers of dumped imports there is evidence that the anti-dumping tax already paid exceeds the margin of dumping, may make a refund to the Ministry of Commerce; the Commerce Department reviewed, verified and made recommendations, the customs tariff Commission of the State Council upon recommendation of the Department of Commerce may decide to tax rebates, carried out by customs. 47th imported product be subject to anti-dumping tax during the period of investigation did not provide People's Republic of China exported new exporter of the product, can prove that its anti-dumping tax and export operators not associated, may apply to the Ministry of Commerce for individual determination of the dumping margin. MOFCOM shall promptly conduct a review and make a final determination.
    During the period under review, you can take the first paragraph of section 28th (ii) the measures provided for, but not imposed anti-dumping duties on the product.
    The fifth chapter of the anti-dumping duties and price undertakings duration and review 48th article of the anti-dumping duty is imposed by the duration and price is the fulfillment of the commitment period not exceeding 5 years, however, terminated the anti-dumping tax established by the review might lead to dumping and injury to continue or recur, levy of anti-dumping duty period may be extended appropriately.
    49th after an anti-dumping duty in force, the Ministry of Commerce may, in justified cases, decided to review the need to continue to collect anti-dumping duties or you can in a reasonable time, upon request of the interested parties and stakeholders provided relevant evidence is reviewed and decided to review the need to continue to collect anti-dumping duties.
    Price undertaking after its entry into force, MOFCOM may, in justified cases, decided to review the necessity of commitment to continued price or you can in a reasonable time, upon request of the interested parties and stakeholders to provide appropriate evidence for review, decided to continue to meet price commitments the need for review.
    50th article based on the review results, by the Ministry of Commerce in accordance with the provisions of the present Ordinance reservation, modify or cancel the proposed anti-dumping duty, the customs tariff Commission of the State Council upon recommendation of the Department of Commerce decision, shall be published by MOFCOM; or by the Ministry of Commerce, in accordance with the provisions of this Ordinance, make the decision to retain, modify or cancel price guarantee and make an announcement.
    51st review procedures in the light of the relevant provisions of the regulations on anti-dumping investigations.
    Decides to review the review period start date, not more than 12 months.
    52nd in the review period, review procedures, without prejudice to the application of anti-dumping measures.
    Sixth chapter schedule 53rd article on in accordance with this Ordinance 25th article made of end CD decided refuses to of, on in accordance with this Ordinance fourth chapter made of whether levy anti-dumping tax of decided and dates back levy, and rebate, and on new export operators tax of decided refuses to of, or on in accordance with this Ordinance fifth chapter made of review decided refuses to of, can law application administrative reconsideration, also can law to court filed litigation.
    54th announcement made in accordance with this Ordinance, and shall set forth the important information, facts, reason, evidence, findings and conclusions, and so on.
    55th article of Commerce can take appropriate measures to prevent acts of circumvention of anti-dumping measures.
    56th article of any country (region) of People's Republic of China export product of discriminatory anti-dumping measures, People's Republic of China according to the actual situation of the country (region) to take the appropriate measures.
    57th of Commerce with relevant external anti-dumping consultation, notification and dispute resolution matters.
    Article 58th of Commerce can develop specific measures for the implementation of this Ordinance. 59th article of the regulations come into force on January 1, 2002. Issued by the State Council on March 25, 1997, the People's Republic of China anti-dumping and anti-subsidy regulations on anti-dumping provisions repealed at the same time.