反傾銷條例英文版

1、.PAGE ：.；反傾銷條例英文版來源：涉外法律網 Anti-dumping Regulation of The Peoples Republic of ChinaDecree 2001 No.328 of the state Council The Anti-Dumping Regulation of the Peoples Republic of China, which were adopted at the 46th executive meeting of the State Council on October 31, 2001, are hereby promulgated, a

2、nd shall come into force on January 1, 2001.Premier of the State Council: Zhu RongjiNovember 26, 2001 Attachment: Anti-dumping Regulation of the Peoples Republic of ChinaChapter I General Provisions Article 1 The present Regulation has been enacted in accordance with the relevant provisions of the F

3、oreign Trade Law of the Peoples Republic of China with a view to maintaining foreign trade order and fair competition.Article 2 In case that imported products enter the market of the Peoples Republic of China by way of dumping, and cause material damage or constitute a threat of material damage to a

4、n already established domestic industry, or cause a material impediment to the establishment of a domestic industry, an investigation shall be conducted and anti-dumping measures shall be taken in accordance with the present Regulation.Chapter II Dumping and DamageArticle 3 The term dumping shall re

5、fer to the entry of imported products into the market of the Peoples Republic of China, in the ordinary course of trade, with their export price lower than their normal value. The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) shall be responsible for the

6、investigation on and determination of dumping.Article 4 The normal value of imported products shall be determined in the following ways on the basis of different circumstances:(1) in case that the products of the same category as that of the imported products have a comparable price in the domestic

7、market of the exporting country (region) in the ordinary course of trade, that comparable price shall be the normal value;(2) in case that the products of the same category as that of the imported products are not sold on the domestic market of the exporting country (region) in the ordinary course o

8、f trade, or the price or quantity of the products of the same category cannot be used as a basis for fair comparison, the normal value shall be the comparable price at which the products of the same category are exported to a proper third country (region) or shall be the production cost of the produ

9、cts of the same category in the country (region) of origin plus reasonable expenses and profits.Where the imported products do not directly come from the country (region) of origin, the normal value shall be determined in accordance with Item (1) of the preceding paragraph; however, if the products

10、are transported only through the exporting country (region) or the products are not produced in the exporting country (region) or no comparable price exists in the exporting country (region), etc., the price of the said products of the same category in the country (region) of origin may be regarded

11、as the normal value.Article 5 The export price of the imported products shall be determined in the following ways according to different circumstances:(1) in case the imported products have an actual payment price or a payable price, such price shall be the export price;(2) in case the imported prod

12、ucts do not have an export price or its price is not reliable, the price presumed on the basis of the price at which the imported products are re-sold for the first time to an independent buyer shall be regarded as the export price; however, if the imported products are not re-sold to an independent

13、 buyer or not re-sold in the status when they are imported, the price presumed by the MOFTEC on a reasonable basis may be regarded as the export price.Article 6 The margin between the export price of imported products which is lower than their normal value shall be the dumping margin.The export pric

14、e of the imported products and the normal value shall be compared in a fair and reasonable manner by taking the various comparable factors which may impact the price into consideration.The dumping margin shall be determined with the weighted average normal value and the weighted average price of all

15、 the comparable export transactions being compared, or with the normal value and the export price being compared transaction by transaction.Where the export prices are considerably different between different buyers, regions or periods, and thus are difficult to be compared in the ways provided in t

16、he preceding paragraph, the weighted average normal value may be compared with the price of a single export transaction.Article 7 The term damage shall refer to the fact that dumping has caused material damage or constitute a threat of material damage to an already established domestic industry, or

17、caused a material impediment to the establishment of a domestic industry.The State Economic and Trade Commission (hereinafter referred to as the SETC) shall be responsible for the investigation on and determination of damage; while the anti-dumping investigation on the damage to a domestic industry

18、relating to agricultural products shall be conducted by the SETC in collaboration with the Ministry of Agriculture.Article 8 When determining the damage caused to a domestic industry by dumping, the following items shall be examined:(1) the quantity of the dumped imports, including a sharp increase

19、in the absolute quantity of the dumped imports or the quantity as compared with the production or consumption of the domestic products of the same category, or the possibility of a sharp increase in the quantity of the dumped imports;(2) the price of the dumped imports, including the price cuts of t

20、he dumped imports or the impacts such as great restraint or reduction, etc. to the price of the domestic products of the same category;(3) the impacts of the dumped imports upon the relevant economic factors and targets of the domestic industry;(4) the production capacity, export capability of the e

21、xporting country (region) and the country (region) of origin on the dumped imports as well as the inventory of the investigated products;(5) other factors which cause damage to the domestic industry. The threat of material damage shall be determined on the basis of the facts instead of the accusatio

22、n, presumption or minor possibility.The damage caused by dumping to a domestic industry shall be determined on the basis of affirmative evidence, and no factor other than dumping which causes damage shall be attributed to dumping.Article 9 Where the dumped imports come from two or more countries (re

23、gions), and meanwhile meet the following conditions, a cumulative evaluation may be conducted upon the impacts caused by the dumped imports to a domestic industry:(1) the dumping margin of the dumped imports from each country (region) shall be no lower than 2%, and the import volume of the products

24、may not be negligible;(2) it is proper to conduct a cumulative evaluation on the basis of the competition conditions between the dumped imports as well as between the dumped imports and the domestic products of the same category.The term to be negligible shall refer to the fact that the proportion o

25、f the quantity of the dumped imports from a country (region) to the total import volume of products of the same category shall be lower than 3%; except where the total import volume lower than 3% from some countries (regions) exceeds 7% of the total import volume of the products of the same category

26、.Article 10 The evaluated impacts on the dumped imports shall be separately determined with regard to the production of the domestic products of the same category; where they may not be separately determined with regard to the production of the domestic products of the same category, the production

27、of the narrowest product group or scope which includes the products of the same category shall be examined.Article 11 The term domestic industry shall refer to all the manufacturers within the Peoples Republic of China of the domestic products of the same category or the manufacturers within the Peo

28、ples Republic of China whose total output accounts for the major part of the aggregate output of the domestic products of the same category; however, if a domestic manufacturer is associated with an export business operator or import business operator, or he himself is an import business operator of

29、 the dumped imports, he may be excluded from the domestic industry.Where, under particular circumstances, the domestic manufacturers in a regional market sell the whole or nearly the whole of the products of the same category in the said market, and the products of the same category in the said mark

30、et are not mainly supplied by the domestic manufacturers of other places, they may be regarded as a separate industry.Article 12 The term products of the same category shall refer to the products identical to the dumped imports; where there are no identical products, the products which are most simi

31、lar to the features of the dumped imports shall be the products of the same category.Chapter III Anti-Dumping InvestigationsArticle 13 A domestic industry or a natural person, legal person or relevant organization representing a domestic industry (hereinafter uniformly referred to as the applicant)

32、may file a written application on anti-dumping investigation to the MOFTEC in accordance with these Rules.Article 14 The application letter shall contain the following contents:(1) name, address and relevant information of the applicant;(2) complete specifications on the imported products under appl

33、ication for investigation, including product name, the exporting country (region) or country (region) of origin involved, the known export business operator or manufacturer, information on the price of the products when they are consumed in the domestic market of the exporting country (region) or co

34、untry (region) of origin, information on export price, etc.;(3) a statement on the quantity and value of the domestic products of the same category;(4) the impacts of the quantity and price of the imported products under application for investigation on the domestic industry;(5) other contents which

35、 the applicant considers it necessary to state.Article 15 The application letter shall be attached with the following evidence:(1) the existence of dumping of the imported products under application for investigation;(2) the damage to domestic industry;(3) the causal link between the dumping and dam

36、age.Article 16 The MOFTEC shall, within 60 days as of its receipt of the application letter and the relevant evidence submitted by the applicant, examine whether the application is filed by the domestic industry or filed by representing the domestic industry, the contents of the application letter a

37、nd the evidence attached to it, etc., and shall, upon consultation with the SETC, decide to initiate an investigation or not.The MOFTEC shall, before deciding to initiate an investigation, notify the government of the relevant exporting country (region).Article 17 Where, among the manufacturers in a

38、 domestic industry who are in favor or disfavor of the application, the output of those who are in favor accounts for 50% or more of the total output of those who are in favor and disfavor, it shall be deemed that the application is filed by the domestic industry or filed by representing the domesti

39、c industry, and the anti-dumping investigation may be initiated; however, if the output of the domestic manufacturers who support the application is less than 25% of the total output of the domestic products of the same category, the anti-dumping investigation shall not be initiated.Article 18 Where

40、, under particular circumstances, the MOFTEC does not accept the written application for anti-dumping investigation, but has sufficient evidence to believe that there exist a dumping and damages and there is a causal link between the dumping and damages, it may, upon consultation with the SETC, deci

41、de to initiate an investigation.The MOFTEC or the SETC is hereinafter uniformly referred to as the investigation organ.Article 19 The decisions on initiating an investigation shall be announced by the MOFTEC, and shall be notified to the applicant, the known export business operators and import busi

42、ness operators, the government of the exporting country (region) as well as other interested organizations or individuals (hereinafter uniformly referred to as the interested parties).Once the decisions on initiating an investigation is announced, the MOFTEC shall provide the known export business o

43、perators and the government of the exporting country (region) with a copy of the application letter.Article 20 The investigation organ may obtain information from the interested parties and conduct the investigation by means of questionnaires, samples, hearings and on-the-spot checks, etc.The invest

44、igation organ shall provide the relevant interested parties with opportunities for stating their viewpoints and grounds of argument.The MOFTEC may, when considering it necessary, send functionaries to the relevant country (region) for conducting the investigation, except where the relevant country (

45、region) concerned objects to the investigation.Article 21 When the investigation organ is conducting an investigation, the interested parties shall tell the truth and provide relevant materials. Where the interested parties fail to tell the truth or fail to provide relevant materials, or fail to pro

46、vide necessary information within a reasonable time limit, or seriously hamper the investigation in other forms, the investigation organ may make an adjudication on the basis of the already obtained facts and the best available information.Article 22 Where the interested parties consider that the di

47、vulgence of the materials provided by them will cause seriously bad effects, they may apply to the investigation organ for treating the materials as confidential.Where the investigation organ considers the application for confidentiality is justified, it shall treat the materials provided by the int

48、erested parties as confidential, and meanwhile request the interested parties to provide a copy of non-confidential outline of the materials.The materials treated as confidential materials shall not be divulged without the consent of the interested parties who provide them.Article 23 The investigati

49、on organ shall permit the applicant and the interested parties to have access to the relevant materials of the case, except where the materials are treated as confidential.Article 24 The MOFTEC and the SETC shall, upon the investigation result, make separate an initial award on dumping and damage as

50、 well as on whether the causal link between the dumping and damage is tenable, which shall be announced by the MOFTEC.Article 25 Where the initial award affirms the dumping and damage as well as the causal link between the dumping and damage, the MOFTEC and the SETC shall continue the investigation

51、on the dumping, the dumping margin, the damage and its extent, and shall make separate a final award upon the investigation result, which shall be announced by the MOFTEC.Before the making of the final award, the MOFTEC shall notify all the known interested parties of the basic facts upon which the

52、final award is made.Article 26 An anti-dumping investigation shall be ended within 12 months as of the date of announcement of the decision on initiating the investigation; under particular circumstances, the time limit may be extended, provided that the extension shall not exceed 6 months.Article 2

53、7 Under any of the following circumstances, the anti-dumping investigation shall be terminated and be announced by the MOFTEC:(1) the applicant revokes the application;(2) there is not enough evidence to prove the existence of dumping, damage or the causal link between the dumping and damage;(3) the

54、 dumping margin is lower than 2%;(4) the actual or potential import volume of the dumped imports or the damage is negligible;(5) the MOFTEC and the SETC both consider it is not appropriate to continue the anti-dumping investigation.Where the investigated products from one or more countries (regions)

55、 are under any of the circumstances listed in Items (2), (3), and (4) of the preceding paragraph, the anti-dumping investigation with regard to the involved products shall be terminated.Chapter IV Anti-Dumping MeasuresSection 1 Provisional Anti-Dumping MeasuresArticle 28 Where the initial award affi

56、rms the dumping and the consequent damage to a domestic industry, the following provisional anti-dumping measures may be taken:(1) to levy provisional anti-dumping tariffs;(2) to request the provision of cash deposits, guaranty letter or other forms of guaranty. The amount of the provisional anti-du

57、mping tariffs, the cash deposits, the guaranty letter and other forms of guaranty shall not exceed the dumping margin ascertained in the initial awards.Article 29 The levy of the provisional anti-dumping tariffs shall be proposed by the MOFTEC and be decided on by the Tariff Policy Committee under t

58、he State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The request for the provision of cash deposits, guaranty letter or other forms of guaranty shall be decided on and announced by the MOFTEC. The customs shall implement the decision as of the date provided in t

59、he announcement.Article 30 The time limit for the provisional anti-dumping measures shall not exceed 4 months as of the date of entry into force of the announcement of the decisions on provisional anti-dumping measures; however, such time limit may be extended to 9 months under particular circumstan

60、ces.No provisional anti-dumping measure shall be taken within 60 days as of the date when the decisions on initiating an anti-dumping investigation is announced.Section 2 Pricing CommitmentsArticle 31 The export business operators of the dumped imports may, during the period of anti-dumping investig