Zhejiang Province Exports Anti-Dumping Response

Original Language Title: 浙江省出口产品反倾销应对办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399390.shtml

Zhejiang Province exports anti-dumping response

    (Zhejiang Province Government 21st times Executive Conference considered through February 13, 2014 Zhejiang Province Government makes No. 319, announced since April 1, 2014 up purposes) first article to maintenance fair trade order, enhanced enterprise against international market risk of capacity, encourages enterprise maintenance itself due interests, according to People's Republic of China foreign trade method People's Republic of China goods import and export Management Ordinance, about legal, and regulations of provides, combined this province actual, developed this approach.

Article response activities of enterprises in the province exported products anti-dumping procedures apply.

    Export products anti-dumping activities in these measures including early warning, coordination, response, assessment, and so on.

    Article products anti-dumping response should follow the precautions earlier, positive response, the Division of power and responsibility, the principles of collaboration.

    The fourth people's Governments above the county level departments of business administration (hereinafter referred to as the business sector) is responsible for the anti-dumping respond to export products to guide and coordinate the administrative work, establish and improve the response mechanism.

Article fifth relevant departments under the people's Governments above the county level functions provide the following assistance:

(A) the competent financial administrative sector for exports anti-dumping should provide the necessary financial support for the work;

(B) the Department of human resources and social security administration for exports anti-dumping talent cultivation and introduction of providing human resource support;

(C) the administrative departments in charge of Foreign Affairs for overseas exports of unexpected cases of anti-dumping task approval (approval) and documents for convenience and to open a green channel.

    Customs at all levels to the business sector and exports anti-dumping advisory services on dealing with work-related statistics, and so on.

    The sixth trade-related organizations (including by the provincial-leveled Commerce departments identified as early-warning model of foreign trade industry organizations and industry groups that are not identified as early-warning model of foreign trade, the same below) should exercise self-discipline and coordination role, collect, verify, and to submit relevant information, organizing anti-dumping, assisting enterprises to develop their export products.

    Article seventh enterprises shall, in accordance with accounting standards for business enterprises, improve enterprise's accounting system, regulate the export; export product submission to trade-related organizations in a timely manner information on anti-dumping cases, with the business sector and exports of trade-related organizations should anti-dumping, and fulfil obligations for the subjects of litigation. Eighth to encourage law firms, accounting firms and other intermediary organizations provide professional services for exports anti-dumping efforts.

    Intermediary organization anti-dumping activities participation in export products shall comply with the provisions of relevant laws and regulations, as well as agreed with the client, the principal interest.

The Nineth business sector and trade-related organizations should organize exports anti-dumping awareness and training, to help improve awareness and ability.

    Enterprises should improve the internal training system, improve their awareness and ability.

    Tenth to encourage enterprise through technological innovation, market expansion, investment abroad way to avoid export products, such as anti-dumping or reduce the damage caused by the anti-dumping measures.

11th early warning model of foreign trade industry organization (hereinafter referred to as warning the industry organization) is responsible for collecting anti-dumping early-warning information relating to export products in the industry (hereinafter referred to as early warning information).

    Encourage non-warning of early warning information collection, submit work, an industry group.

12th Enterprise learned that early warning information, was informed within 3 working days from the date submitted to the relevant industry organizations; the urgency of the situation, can be directly submitted to the local business Department.

Warning point informed of early warning information, an industry group, was informed within 3 working days from the date submitted to the local business sector, notified, and put forward suggestions.

    Business sector informed of early warning information and was informed that notification within 3 working days from the date of the relevant industry organizations and businesses, and provide guidance. The 13th province business sector considers it necessary, shall organize held warning briefing; consider matters related to the need for coordination in the course of litigation, shall organize and convene the ACC appearance.

    Early warning briefing or responding to ACC by the provincial Department of Commerce commissioned a set of municipal and County (city, district) organized business sector or related industry organizations.

14th exports anti-dumping cases the investigating authorities after filing, by product industry in connection with early warning organization responsibilities entrusted to industry organizations; without warning in connection with the products industry industry organization, business, or deemed necessary, provincial-leveled Commerce departments should coordinate to identify the relevant industry organizations organization responsibilities.

Warning bit of industry organization or assume responsibility to the organization established by the provincial Department of commerce trade group, shall take the following measures:

(A) the Organization, urging enterprises to participate in the respondent;

(B) export products meet a guide in connection with the investigation of anti-dumping cases the investigating authorities;

(C) organize, assist enterprises to carry out consultations, negotiations, etc;

    (D) concerned including other provinces (autonomous regions and municipalities) enterprise, associated with a country or part of the relevant industry organizations to communicate and collaborate.

15th trade-related organizations in anti-dumping cases in responding exporting products in the process of organization without prejudice to defence, when the lawyer, responsive programmes, should fully heed the views of enterprise participation without prejudice to defend. National trade-related organizations in anti-dumping cases in responding exporting products in the process of organization.

    Damage defence, business sector and trade-related organizations to assist.

16th concerned or the relevant industry organizations to determine the respondent shall within 5 working days from the date on which the respondent will determine the respondent's information is submitted to the local business Department, the local Commerce departments submitted to the Commerce Department.

    Was selected for the export products anti-dumping duty investigation forced respondent company decided not to be sued, and enterprises anti-dumping investigations shall export authorities released forces within 10 working days from the date on which the list of the enterprises involved explanation of reasons for not responding to the local business sector.

17th export products has one of the following anti-dumping cases, trade-related organizations or the respondent enterprises shall timely inform the business sector, and respond to comments or suggestions:

(A) export products anti-dumping investigations Office discriminatory policies or investigation;

    (B) responding to differences between enterprises, industry organization and coordination difficulties, may influence the results of litigation.

18th enterprises involved may not be any of the following acts:

(A) the exclusion of the other concerned the respondent;

(B) defamation or other improper means to harm the interests of other enterprises involved;

    (C) responding to other possible order or adversely affect the industry as a whole in responding.

    The 19th trade-related organizations or responding to the enterprise in the process of responding to the need of non-responding enterprises to provide relevant materials, should sign confidentiality agreements with the non-responding enterprises and reasonable use of the material.

20th exports anti-dumping investigations or importer (regional) exports anti-dumping cases initiated stakeholder review, respondent company decided to participate in the review, industry associations to assist.

Exports anti-dumping investigations or importing country (region) of export products has not initiated a review of anti-dumping cases stakeholders, but industry groups say exports have an adverse effect on the industry of anti-dumping measures, launched by related industry organizations and the enterprises involved in review.

    Business sector believe that anti-dumping measures on the administration of export products related industries adversely affected, should recommend that enterprises involved or related industry organizations to initiate or participate in review; responding to an enterprise or industry associations refuse to initiate or participate in the review should be reason for refusal to the business sector.

21st company or industry that exports products anti-dumping cases require national authorities to take measures, through the local business sector apply to the provincial Department of Commerce.

    Provincial Department of Commerce export anti-dumping cases require national authorities to take measures, should be submitted to the national business sector (double) negotiations and other measures of application.

The 22nd company or industry that exports products anti-dumping cases involving matters of violating World Trade Organization rules, need to be submitted to the World Trade Organization's dispute settlement body ruled, by the local business sector apply to the provincial Department of Commerce.

    Provincial Department of Commerce export anti-dumping cases involving matters of violating World Trade Organization rules, need to be submitted to the World Trade Organization's dispute settlement body ruled, should apply to the national business sector.

    23rd alert industry organizations are responsible for establishing the industry's export products anti-dumping case file on an annual basis relating to the exports of the industry an industry impact assessment of anti-dumping measures, and submitted to the Commerce Department, where the assessment results, the local Commerce departments submitted to the Commerce Department.

    24th anti-dumping to the departments involved in export products (Agency), industry organizations, intermediary organizations and enterprises, should be for exports anti-dumping cases dealing with strategy and responding to the core content of the programme and other important information confidentiality of trade secrets and learn in.

    25th enterprises involved in the 18th one of the provisions of these measures, by the Commerce Department ordered corrective action and be informed.

26th article violates article 24th of this approach provides that trade-related organizations, intermediary organizations and enterprises export products anti-dumping cases dealing with leaks strategy and responding to the core content of the programme and other important information, be warned by the business sector, may be fined a maximum of 5000 Yuan and 20,000 yuan in serious cases, fined a maximum of 20,000 yuan and 30,000 yuan.

    Violation of article 24th of this approach provides that trade-related organizations, intermediary organizations and leaking business secrets obtained in the course of enterprises, in accordance with the People's Republic of China against unfair competition in the relevant provisions of the Act.

27th business sector and other relevant sectors (institutions) violations of these rules, any of the following circumstances, by the authority directly responsible for the charge and other direct liable persons shall be given administrative sanctions:

(A) informed of early-warning information in accordance with this approach provides timely notification of the relevant industry organizations and businesses, causing serious consequences;

(B) disclose business secrets obtained in the course;

    (C) other acts of dereliction of duty, abuse of power, favoritism.

    28th early warning information in these measures refers to the exported products anti-dumping cases informed before the investigating authority filed the anti-dumping information relating to exports, as well as for exports anti-dumping response after placing information has a significant impact. 29th these measures come into force on April 1, 2014.