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Anti-Dumping Cases In Responding Exporting Products Provided

Original Language Title: 出口产品反倾销案件应诉规定

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(Released July 14, 2006 by Ministry of Commerce 2006 of 12th August 14, 2006) first to foreign anti-dumping cases against Chinese exports of pleading work, maintaining the legitimate rights and interests of enterprises, according to the People's Republic of China Law on foreign trade, the People's Republic of China administration of import and export of goods, these provisions are formulated.
    Provisions of this article apply anti-dumping cases against Chinese exports of pleading work, including a new investigation, review investigations, anti-absorption investigation and the anti-circumvention investigation,.
    Article in the anti-dumping investigation period produced and exported to the countries or region in connection with the products of the enterprises should be sued.
    Fourth article import and export Chamber of Commerce and other trade organizations shall, in accordance with regulations, strengthening self-discipline, maintaining the order of business, responsible for coordination of industry anti dumping cases in responding to promote member companies in responding foreign anti-dumping cases.
    Fifth Ministry of Commerce may make relating to the promotion of anti-dumping cases pleading work policies and measures.
    Sixth Ministry of Commerce shall promptly publish and anti-dumping investigations or responding to work-related information, local commerce authorities and industry organizations informed of relevant information shall immediately notify the company.
    The information prescribed in the preceding paragraph include: (a) information relating to anti-dumping cases initiated a new investigation, (ii) information about the investigation review of anti-dumping cases initiated; (c) the anti-dumping cases initiated against absorption, anti-circumvention investigation information; (d) the respondent work has a significant impact on the case for additional information.
    Seventh article about possible anti-dumping cases after the new information to initiate an investigation, should be based on exports of the products involved, an industry group, responding to coordinate the preparation of it.
    Article eighth enterprises should standardize the exports, maintaining the export order, anti-dumping cases the collection and sorting of information, timely submission to industry groups.
    Nineth article participate in should v of involved Enterprise enjoys following right: (a) decided should v way; (ii) independent selection lawyer; (three) from industry organization informed case survey overall progress and other enterprise of sued situation, information; (four) get industry organization corresponds to v work of guide and help; (five) for anti-dumping case survey organ exists of discrimination sex practices,, to Government proposed should views or recommends.
    Article tenth enterprises involved shall not engage in any activities that may affect other enterprises involved in the legitimate rights and interests and shall not engage in any activities that may affect the industry as a whole in responding.
    11th trade organizations should regularly organize training on anti-dumping legal knowledge, can be set up to promote contributions from member companies responding to special funds.
    12th article industry organization coordination anti-dumping case should v work of duties main has: (a) established export commodity statistics regulatory system and trade relief case information collection feedback mechanism; (ii) according to sued enterprise of requirements, on about alternative country, and market economic status and respectively ruling, technology problem of defence, and abroad survey organ of field verification, problem be assist; (three) Organization should v Enterprise participate in hearing, and and abroad survey organ and related industry organization or Enterprise for consultations, and negotiations, work;
    (Four) according to sued enterprise of requirements, on price commitment agreement negotiations of about problem be assist; as needed to Government name signed "price commitment agreement" or "suspended agreement" of, can to Commerce proposed programme recommends; (five) assist sued enterprise on anti-dumping ruling results in survey country or area sought judicial relief; (six) provides lawyer information of service, established lawyer repository; (seven) should regularly in international business reported and this units of website Shang announced annual due of administrative review case, information;
    (VIII) other industry organization and coordination work.
    13th industry organization according to the provisions of 12th, developed the practice of coordination and publishing industry organizations in responding.
    Article 14th according to the requirements of the enterprises involved, coordinated industry organizations to hire a lawyer, should follow the principle of openness, fairness, transparency, and preferred choice of lawyers.
    Respondent businesses hiring their own lawyers to be present when two or more law firms acting in the same cases, industry groups should work in responding to full coordination of the work of law firms, to ensure that the work of the industry as a whole in responding ...
    15th an antidumping case filed within 3 years before agents had been investigating State or regional enterprises, applications launch trade remedy investigations against Chinese products, lawyers and law firms should not participate in law competition.
    Industry organizations in the Agency should be seriously affected or damage my business interests, industry lawyers and law firms to inform enterprises involved.
    16th article industry organization on following case of sued coordination work should consulting Commerce views: (a) involved products in survey period within export amount larger; (ii) involved products in survey country or area market share larger, exists larger effect of; (three) industry organization Zhijian on organization coordination should v work cannot formed consistent views, may effect case should v results of; (four) survey organ on I enterprise implementation discrimination sex policy and survey method of; (five) other need consulting of important case.
    17th article place business competent sector should do involved local district Enterprise anti-dumping case information statistics work, and established information submitted system, and assessment abroad anti-dumping on this area export trade of effect; regularly organization about anti-dumping legal knowledge of training, and according to local district actual developed promote anti-dumping case should v work of policy and measures; should industry organization of requirements, on this area involved enterprise should v work for coordination.
    18th the Embassy (Consulate), mission Business Office (room) should timely follow-up and collection of foreign anti-dumping legislation amended and anti-dumping cases and review trends and related information.
    Article 19th by the Ministry of Commerce is responsible for the interpretation of these provisions. 20th article of the regulations since August 14, 2006.
                                                                                                  The export provisions of the anti-dumping ([2001] Ministry of the 5th) repealed simultaneously.