WORLD TRADE
ORGANIZATIONG/ADP/N/1/CHN/2/Suppl.1
18 February 2003
(03-1045)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
PEOPLE’S REPUBLIC OF CHINA
Supplement
The following communication, dated 14 February 2003, has been received from the
Permanent Mission of the People's Republic of China.
_______________
With reference to Article 18.5 of the Agreement on Implementation of Article VI of the
GATT 1994, I have the honour to notify the Committee on Anti-dumping Practices the full text inEnglish of the provisional rules of P.R. China on anti-dumping.
Please note that the provisional rules are authentic only in Chinese and that the English
translations are for reference only by WTO Members.
TABLE OF CONTENTS
Page
Provisional Rules of Ministry of Foreign Trade and Economic Cooperation on Initiation
of Antidumping Investigations.................................................................................................3
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Questionnaire in Antidum ping Investigations .....................................................................10
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Public
Hearing in Antidumping Investigations................................................................................14
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Sampling
in Antidumping Investigations...............................................................................................17
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Disclosure
of Information In Anti-dumping Investigations...................................................................20
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on On-the-
spot Verification In Anti-Dumping Investigations...............................................................22
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Access to
Non-Confidential Information In Anti-dumping Investigations ........................................25
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Price
Undertakings In Antidumping Investigations......................................................................27G/ADP/N/1/CHN/2/Suppl.1
Page 2
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on New
Shipper Review In Anti-dumping Investigations.................................................................32
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Refund of
Anti-dumping Duty.............................................................................................................. ...36
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Interim
Review of Dumping and Dumping Margin ..........................................................................39G/ADP/N/1/CHN/2/Suppl.1
Page 3
Provisional Rules of Ministry of Foreign Trade and Economic Cooperation on
Initiation of Antidumping Investigations
CHAPTER 1   G ENERAL PROVISIONS
Article 1    With a view to regulating the procedure of application and initiation of an antidumping
investigation, these Rules are formulated in accordance with provisions of the “Anti-dumpingRegulation of the People’s Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Imports and Exports to be responsible for
implementation of these Rules.
Article 3    MOFTEC may initiate an anti-dumping investigation upon an application filed by the
applicant or may also initiate such an investigation on its own initiative.
C
HAPTER 2   S TANDINGS OF APPLICANT
Article 4    Domestic industry or natural person, legal person or relevant organizations representing
the domestic industry (hereinafter referred to as “the applicant”) may file an application for an anti-dumping investigation.
Article 5    Domestic industry refers to the domestic producers as whole of the like product in the
People’s Republic of China, or to those producers whose collective output of the products constitutes
more than 50 per cent of the total domestic production of the like product.
Article 6    Where the collective output of the applicants accounts for less than 50 per cent of the total
domestic production of the like product, the application shall be regarded as being made on behalf of
the domestic industry if it is supported by those domestic producers whose collective output
constitutes more than 50 per cent of the total production made by that portion of the domestic industryexpressing either support or opposition to the application, and if the production of the domestic
producers expressing support to the application accounts  for no less than 25 per cent of the total
production of the like product.
The production of the applicant shall be counted while the output of the production of the domestic
producers supporting the application provided for in Paragraph 1 of this Article is to be established.
Article 7    In case the domestic industry is fragmented and involving a large number of producers,
MOFTEC may examine the standing of the applic ant by using statistically valid sampling method.
Article 8    Where domestic producers are related to the exporters or importers or are themselves
importers of the allegedly dumped import, they may be excluded from the domestic industry.
Article 9    The producers located in a certain area of the domestic market may be regarded as a
separate industry if they sell all or almost all of their production of the like product in that market, and
the demand for the like product in that market is not to any substantial degree supplied by the
producers located elsewhere in China.
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HAPTER 3   A PPLICATION
Article 10    An application for an anti-dumping investigation shall be filed in a written form. The
application shall contain a formal request to the MOFTEC expressing applicant’s intent to initiate anG/ADP/N/1/CHN/2/Suppl.1
Page 4
anti-dumping investigation, and shall be sealed or signed by the applicant or its legally authorized
person.
Article 11    The application for an anti-dumping investigation shall contain the following information
together with relevant supporting materials:
(1) Identity of the applicant;
(2) Known producers, exporters and importers of the allegedly dumped import;
(3) Complete description of the allegedly dumped import, the domestic like product and
comparison between them;
(4) Dumping and dumping margin;
(5) Injury suffered by the domestic industry;
(6) Causal link between dumping and injury;
(7) Other information the applicant considers necessary to address in the application.
Article 12    The description of the identity of the applicant shall contain the following supporting
materials:
(1) Applicant’s name, legal representative, address, telephone number, facsimile number,
post code, contact person, etc.;
(2) Where an attorney at law is appointed by the applicant, the attorney’s name, his/her
identity and other information shall be specified and the Power of Attorney be
provided;
(3) Volume of the production of the like product produced by the applicant in the last
three years prior to the submission of the application and its proportion it accounts for
in the total volume of the domestic production of the like product;
(4) List of all known domestic producers of the like product; if the domestic producers of
the like product have organized an association or a chamber of commerce, therelevant information concerning that association or chamber of commerce, such as the
name, address, telephone number, facsimile number, postcode and contact person, etc;
Article 13    With regard to the known producers, exporters and importers of the alleged dumped
import, the applicant shall provide the following supporting materials:
(1) General description of the allegedly dumped import;
(2) Information concerning the known producers, exporters, and importers of the
allegedly dumped import, such as their names, legal representatives, addresses,
telephone numbers, facsimile numbers, post codes and contact persons, etc.
Article 14    With respect to the description of the allegedly dumped import, the domestic like product
and the comparison between, the applicant shal l provide the following supporting materials:G/ADP/N/1/CHN/2/Suppl.1
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(1) Full description of the allegedly dumped import, including product name, types,
specification, usage and market situation, and the Customs Code of the People’s
Republic of China, etc.;
(2) Countries (regions) of origin or the exporting countries (regions) of the allegedly
dumped import;
(3) Full description of the domestic like product, including the product name, types,
specification, usage and market situation, etc.;
(4) Comparison on similarities and differences between the allegedly dumped import and
the domestic like product, including physical characteristics,  chemical property,
production and processing technology, substitutability, price and usage, etc.
Article 15    With regard to the export price, the applicant shall provide the price of the allegedly
dumped import actually paid or payable during a period of 12 months prior to the submission of theapplication.
The supporting documents mentioned above may be pr ovided by the way of actual transaction price,
price quotation, price list, the Customs statistics, and the statistic data from authoritative institutions
or magazines, etc.
Article 16    With regard to the normal value, the applicant shall provide the comparable price in the
ordinary course of trade of the like product fo r consumption in the exporting countries (regions) or
countries (regions) of origin; where there is no comparable price or such price can not be obtained, the
applicant shall provide the constructed value of the allegedly dumped import or the price for export toa third country.
The supporting documents provided by the applicant for the constructed value of the allegedly
dumped import shall include evidence of cost of production and reasonable expenses for the product
in question. When the actual constructed value cannot be obtained, the applicant may calculate it onthe basis of its own factors of production, the prevailing prices of these factors in the exporting
countries (regions) or in the international market.
The supporting documents mentioned above may be pr ovided by the way of actual transaction price,
price list or the statistic data from the authoritative institutions or magazines, etc.
Article 17    With regard to the price adjustments and price comparison, the applicant shall make an
appropriate adjustment for the differences between normal value and export price with respect to the
sales conditions, terms, taxes, level of trade, quantities and physical characteristics, etc. The
comparison between the normal value and the export price shall be made at as nearly as possible the
same level of trade, the same time and at the ex-factory level.
Article 18    The applicant shall make a preliminary estimation of dumping margin, which shall be
obtained by using the methodology of the adjusted weighted average normal value minus the adjusted
weighted average export price, divided by the weighted average CIF export price.
The applicant shall provide an explanation if other calculation methodologies are applied.Article 19    The assessment of injury caused to the domestic industry includes, inter alia,  the types of
the injury (material injury, threat of material injury or material retardation of the establishment of a
domestic industry), changes of import volume and price of the allegedly dumped import, its effect onG/ADP/N/1/CHN/2/Suppl.1
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price of the domestic like product, and its impact on the relevant economic factors and indices having
a bearing on the state of the domestic industry.
Article 20    Where the application is filed on the basis of material injury caused to the domestic
industry, the applicant shall provide the following evidence:
(1) Increase of import of the allegedly dumped product either in absolute volume or
relative to production or consumption of the domestic like product, the import volume
and changes in the last 3 years prior to the submission of the application, the diagram
of curves concerning the above-mentioned fluctuation of the quantities, etc.;
(2) Average price of sales of the allegedly dumped import in domestic market of China
and its fluctuation curves, etc. in the last 3 years prior to the submission of theapplication;
(3) Impact of the price of the allegedly dumped import on the price of the domestic like
product, including the price undercutting of the domestic like product, the depressing
and suppressing effect on the price of the domestic like product and the impact on the
price movement of the domestic product.
(4) Impact of the allegedly dumped import on the economic indices or factors relevant to
the domestic industry, including the actual or potential decline of sales, profit, output,
market shares, productivity, return on investment or utilization of capacity, the factors
affecting the domestic price, the magnitude of dumping margin, cash flow,
employment, wages, ability to raise capital or investment, and inventories, etc.
Where certain factors or indices mentioned above are not applicable, the applicant shall provide an
explanation thereof.
Article 21    Where the application is filed on the basis of threat of material injury caused to the
domestic industry, the applicant shall provide the following evidence:
(1) Possibility of a significant increase in the allegedly dumped import entering into the
domestic market at dumped prices, including the current and potential export capacity
of the exporting countries (regions), the inventory level in the exporting countries
(regions), etc.;
(2) Trend of foreseeable and imminent changes of factors and indices listed in
Subparagraph 4 of Article 20 of these Rules.
Article 22    Where the application is filed on the basis of material retardation of establishment of a
domestic industry, the applicant shall provide not only the evidence listed in Articles 20 and 21 of
these Rules, but also the evidence relevant to the feasibility of development of the domestic industry,
including the plan of the establishment of the industry and its actual execution.
Article 23    The applicant’s allegation concerning the impact of the alleged dumped import on the
domestic industry and submission of the relevant evidence shall focus on determinations in relation to
the separate identification of the production of the domestic like product. If such separate
identification of that production of the domestic like product is not possible, the allegation shall focus
on the production of the narrowest group or range of products which include the domestic likeproduct.
Article 24    With regard to the causal link between dumping and injury, the applicant shall provide:G/ADP/N/1/CHN/2/Suppl.1
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(1) Arguments to justify causal link between the allegedly dumped import and injury
suffered by domestic industry;
(2) Demonstration for the effect on injury caused to domestic industry by the quantity and
price of the imported product which is not sold at dumping price, contraction indemand or changes in the patterns of consumption, trade-restrictive practice of and
competition between foreign and domestic producers, development in technology, the
export performance and productivity of the domestic industry, etc,.
If the applicant considers that certain factors as above-mentioned are inapplicable, the applicant shall
provide an explanation.
Article 25   The applicant shall explain the sources from which the evidence comes while providing
the supporting materials specified in this Chapter.
Article 26   The applicant shall request for confidentiality treatment if the application for an anti-
dumping investigation contains confidential materials; the request shall provide a meaningful non-
confidential summary for those confidential materi als to permit other interested parties to have a
reasonable understanding about the confidential materials. The applicant shall give reasons if such
non-confidential summary is impossible.
Article 27   The application for an anti-dumping investigation and supporting materials provided shall
be in Chinese printing; where there is standardized  terminology by the State, the standardized terms
shall be used.
If the supporting materials provided by the applicant are in foreign languages, the applicant shall
provide the full text of such materials in foreign languages and the Chinese translation of the part
relevant to the investigation.
Article 28   The application for an anti-dumping investigation shall be made in both confidential
version (in case where the applicant requests for confidentiality treatment) and non-confidential
version.  One original and six copies shall be submitted for both confidential version and non-
confidential version.  Besides one original and six copies submitted, more copies of the non-
confidential version should be provided accord ing to the number of governments of the known
exporting countries (regions) of the allegedly dumped import. If there is a large number ofgovernments of the known exporting countries (regions) of the allegedly dumped import, the number
of copies may be reduced, but not to less than five.
Article 29   The Bureau of Fair Trade for Imports & Exports may require the applicant to provide the
electronic data carrier of the application and supporting materials.
Article 30   The applicant shall submit its written application and supporting materials to the Bureau
of Fair Trade for Imports & Exports by mail or direct service.
Article 31   The Bureau of Fair Trade for Imports & Exports shall sign up if the applicant formally
submits the application and supporting materials.  The date of signature is the date on which the
Bureau of Fair Trade for Imports & Exports receives the written application and supporting materials.G/ADP/N/1/CHN/2/Suppl.1
Page 8
CHAPTER 4   I NITIATION
Article 32   The Bureau of Fair Trade for Imports & Exports may conduct investigation by ways of
questionnaire or on-the-spot verification on the issues contained in the application and supporting
materials, including the standings of the applicant, the allegedly dumped product of import, etc.
Article 33   The Bureau of Fair Trade for Imports and Exports shall examine the application for an
anti-dumping investigation submitted by the applicant and make comments thereon, and shall make a
decision, within 60 days upon the receipt of the application and supporting materials, of whether to
initiate the investigation after consulting with the State Economic and Trade Commission.
Article 34   The Bureau of Fair Trade for Imports and Exports shall forward one copy of the
application and supporting materials to the State Economic and Trade Commission within 7 daysupon the receipt of the written application and supporting materials. The State Economic and Trade
Commission shall have at least 20 days to examine the application and supporting materials, and
present its opinion on initiation of the anti-dumping investigation.
Article 35   The Bureau of Fair Trade for Imports and Exports may require the applicant to make
amendments or to provide supplementary information to the application for anti-dumping
investigation within the period specified in Article 33 of these Rules.  If the applicant does not make
amendment nor provide supplementary information, or if it fails to make amendments or to provide
supplementary information in confor mity with the requirements for contents specified and within the
time limits, MOFTEC may reject the application and notify the applicant.
Article 36   The application, if rejected by MOFTEC, shall not be published.
Article 37   A Public Notice shall be issued if FTEC decides to initiate an anti-dumping investigation.
Article 38   MOFTEC shall notify the government of e xporting countries (regions) before issuing the
Public Notice for initiation of the investigation.
Article 39   The Public Notice for initiation of the investigation shall contain the following
information:
(1) Summary of the written application and the result of examination by MOFTEC;
(2) Date of initiation of the investigation;
(3) Product to be investigated and the name of exporting countries (regions);
(4) Period of investigation;
(5) Intent of the investigating authorities for on-the-spot verification;
(6) Consequences to be borne by interested party for non-responding;
(7) Time limits for the interested party to present comments;
(8) Ways to contact the investigating authorities.
Article 40   Upon the issuance of the Public Notice of initiation, the Bureau of Fair Trade for Imports
and Exports shall provide the non-confidential text of the application to the known exporters and the
government of exporting countries (regions). If a large number of exporters are subject to theG/ADP/N/1/CHN/2/Suppl.1
Page 9
investigation, the Bureau of Fair Trade for Imports and Exports shall provide the non-confidential text
of the application only to the government of the exporting countries (regions).
Article 41   The date of publication of the Public Notice for the decision to initiate an antidumping
investigation is the date of initiation of investigation.
CHARTER 5  S UPPLEMENTARY PROVISIONS
Article 42   Where MOFTEC has sufficient evidence proving the existence of dumping and injury as
well as the causal link between dumping and injury, MOFTEC may, after consulting with the State
Economic and Trade Commission, decide to initiate an investigation on its own initiative.
Article 43   MOFTEC shall be responsible for interpretation of these Rules.
Article 44   These Rules shall enter into force from the date of 13 March 2002.G/ADP/N/1/CHN/2/Suppl.1
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Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Questionnaire in Antidumping Investigations
CHAPTER 1   G ENERAL PROVISIONS
Article 1    With a view to ensuring an anti-dumping investigation by way of questionnaire going
smoothly and orderly, these Rules are formulated in  accordance with provisions of the “Antidumping
Regulation of the People’s Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Import and Export to be responsible for
implementation of these Rules.
Article 3    These Rules apply to an anti-dumping inve stigation s carried out by MOFTEC through the
method of investigation questionnaire in order to determine dumping and dumping margin.
Article 4   The investigation questionnaire mentioned in these Rules refers to a written question list
issued by MOFTEC, during the antidumping invest igation, to the exporters and producers of the
countries (regions) concerned who have registered in and responded to the investigation (hereinafterreferred to as “responding company”).
Article 5   The responding company shall, according to the requirements made by MOFTEC, reply
completely and accurately to all questions listed and submit all information and materials required in
the investigation questionnaire.
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HAPTER 2   I SSUANCE OF QUESTIONNAIRE
Article 6   The producers or exporters of the countries (regions) concerned shall,  according to the
requirements specified in the Public Notice for the initiation of the investigation, register with
MOFTEC and respond to the investigation within 20 days from the date of initiation of an anti-dumping case.
Article 7   The producers and exporters, while handling their registration with MOFTEC and
responding to the investigation, shall submit the foll owing information in simplified Chinese printing:
(1) Intent of registration in and responding to the investigation;
(2) Name, address, legal representative, way of contact and contact person of the
responding company;
(3) Total quantity and value of the product under investigation exported to the People’s
Republic of China during the period of investigation.
The registration document for responding to the investigation shall be sealed by the responding
company and/or signed by its legal representative.
Where a practising attorney at law of the People’s Republic of China is appointed for the submission
of the registration document, the responding company shall list, as part of the document, the
attorney’s name, way of contact, name and address of the law firm the attorney appointed belongs to
and the original power of attorney.
Article 8   The investigation questionnaire shall be issued to the responding companies within 10
working days upon the ending of registration.G/ADP/N/1/CHN/2/Suppl.1
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Article 9   If the number of responding companies is t oo large and MOFTEC decides to carry out the
anti-dumping investigation by using sampling method, the investigation questionnaire may be issued
only to the responding companies selected in the sample.
MOFTEC may properly extend the period of issuing the questionnaire if the investigation is conducted by
sampling.
CHAPTER 3   R EQUIREMENTS ON RESPONSE TO QUESTIONNAIRE
Article 10  The responding company shall submit a complete and accurate response to the
questionnaire within a specified time limit. The res ponse shall contain all information required in the
investigation questionnaire.
Article 11  The responding company, encountering questions while replying to the investigation
questionnaire, may consult in writing the case handlers listed in the questionnaire.
Article 12    Before answering the questions listed in  the investigation questionnaire, the responding
company shall first lay out the subject of the question and then answer directly under the subject.
Article 13   The questionnaire shall be completed in simplified Chinese printing and shall be attached
by relevant supporting documents according to the requirements. If the supporting materials are in
foreign languages, the Chinese translation shall be prov ided in the original form of the text in foreign
languages, with attachment of such original text in foreign languages or its copy.
Article 14    The responding company shall indicate the source and origin of the supporting materials
used in the response. All documents relevant to the questionnaire, such as sales documents,
accounting records, financial reports and other documents, shall not only be attached to the response
to the questionnaire of the company as required, but also be made available for afterward verification.
Article 15    The supporting materials for transactions required by the questionnaire shall be lined up
in chronological order; supporting materials for each transaction shall be lined up according to theflow of activities and a sheet listing those supporting materials for each transaction shall be provided.
Article 16   Where the responding company is required, according to the requirement of the
questionnaire, to copy the investigation questionnaire and forward it to its associated trading company
or other related companies to complete, the associ ated trading company or other related companies
shall submit the questionnaire separately according to the requirement of the questionnaire.
C
HAPTER 4   S UBMISSION OF QUESTIONNAIRE
Article 17   The response to the investigation questionn aire shall be submitted to MOFTEC within
37 days from the date on which it was issued.
Article 18   Where the responding company has reasonable grounds indicating that it is unable to complete
the questionnaire before the submission deadline, the responding company shall submit, 7 days before the
submission deadline, to MOFTEC a written request for an extension of the period for submission of the
response to the questionnaire, elaborating its request and reasons for such extension.
MOFTEC shall reply in writing, 4 days before th e submission deadline, to the request for the said
extension upon the consideration of the specific situation of the responding company requesting the
extension.G/ADP/N/1/CHN/2/Suppl.1
Page 12
The extension shall not exceed 14 days normally.
Article 19    Where the responding company considers that the response to the questionnaire contains
confidential information, the responding company shall request for confidentiality treatment and
address the reasons for such confidentiality treatment.
A non-confidential summary shall be given for information requested for confidentiality treatment. A
non-confidential summary shall contain adequate and meaningful information so as to allow other
interested parties to have a reasonable understanding. In case the provision of a non-confidential
summary is impossible, the responding company shall explain the reasons thereof.
Article 20    MOFTEC shall examine the request for confidentiality treatment. If the reason for
confidentiality treatment is considered insufficient, or the non-confidential summary does not satisfy
the requirement specified in Paragraph 2 of Article 19 of these Rules, or the reason that the
responding company fails to provide the non-confidential summary is insufficient, the responding
company may be required to make corresponding amendments thereon within a specified time limit.
MOFTEC may disregard the materials if the responding company refuses to amend the non-
confidential summary or the non-confidential summary after being amended does not yet satisfy the
requirement.
Article 21   The response to the questionnaire shall be made in two versions. One version is a
complete response containing the confidential information; the other version is a response only
containing non-confidential information. The responding company shall clearly mark on the cover
page of each response as confidential version or non-confidential version. In the non-confidential
version of the response, the confidential part shall be marked with a signal of “[  ]”, plus  the
corresponding serial number in the non-confidential summary.
Article 22    The responding company shall submit one original response and four copies in Chinese
for confidential version and non-confidential version respectively.
The whole response must be properly bound up into book. The page number must be labelled on the text of
the response and on each attached supporting materials.  The response shall contain a table of content for
the text of the response and the attached supporting ma terials, and each annex shall be labelled with serial
number.
Article 23    The responding company shall submit a letter of certificate signed by the legal
representative or its authorized person according to  the requirement of the questionnaire, stating that
the information submitted by the responding company is accurate and complete.
MOFTEC shall not accept the response to the questionnaire if such letter of certificate is not attached to.
Article 24   With respect to the narrative part and tables  of data in the response submitted, the responding
company shall provide corresponding computer floppy disk , CD or other electronic data carriers
acceptable to MOFTEC according to th e requirement of the questionnaire.
The content in the electronic data carriers shall be in the same format as in the response, and the
calculation formula shall be retained in the table if calculation on the data is involved..
Article 25    The responding company shall guarantee that the submitted electronic data carrier
contains no virus. It would be considered as to impede the investigation if it contains certain virus,
and in such case MOFTEC may make determination on the basis of facts available and the bestinformation available.G/ADP/N/1/CHN/2/Suppl.1
Page 13
Article 26   In normal circumstances, the responding company who fails to submit the electronic data
carrier, in particular the one containing transaction data and financial data, shall be considered as non-
cooperative.
If the responding company is unable to submit electronic data carriers or unable to submit electronic data
carriers according to the requirement of these Rules,  or it would be unduly burdensome for the responding
company to submit electronic data carriers according to the requirement of these Rules, the responding
company may submit a written request to MOFTEC w ithin 15 days after the questionnaire is issued,
explaining the reason of inability to submit electronic data carriers as required. MOFTEC shall reply in
writing to the responding company on whether to approv e the request within 5 days upon the receipt of it.
Article 27    The response to the questionnaire of the responding company shall be represented
through a practising attorney at law of the People’s Republic of China and relevant matters shall bedealt with by the attorney. A valid power of attorney and a copy of the valid lawyer permit of the
attorney shall be attached to the response to the questionnaire.
Article 28   The response to the questionnaire shall be mailed or directly delivered to the address
mentioned in the questionnaire by 17:00 of the submission deadline.
The delivery date shall be the date on which MOFTEC receives the response to the questionnaire.
C
HAPTER 5   S UPPLEMENTARY PROVISIONS
Article 29    In the course of the investigation, MO FTEC may issue supplementary investigation
questionnaire to the responding company, requiring further information and materials.
These Rules shall apply to the matters relevant to the issuance, response, submission, etc. of the
supplementary questionnaire.
Article 30    MOFTEC may issue the investigation questionnaire to importers. These Rules shall apply
to the matters relevant to the issuance, response, submission, etc. of the investigation questionnaire to
the importers.
Article 31    Where the responding company does not submit the response to the questionnaire within
the specified time limit, or can not submit a complete and accurate response to the questionnaireaccording to the requirement specified in these Ru les, or does not permit MOFTEC to verify the
materials it submitted, or impedes seriously the investigation through other methods,  MOFTEC may
make preliminary or final determination on the basis of facts available and best information available.
Article 32    MOFTEC shall be responsible for interpretation of these Rules.
Article 33    These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
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Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Public Hearing in Antidumping Investigations
Article 1   With a view to ensuring fairness and justice of an anti-dumping investigation and
safeguarding legal rights and interests of interested parties, these Rules are formulated in accordance
with relevant provisions of the “Antidumping Regulations of the People’s Republic of China”.
Article 2   These Rules apply to the public hearing held by the Ministry of Foreign Trade &
Economic Cooperation (hereinafter referred to as “MOFTEC”) in the procedure of an anti-dumping
investigation on the determination of dumping.
Article 3   The Bureau of Fair Trade for Imports and Exports (hereinafter referred to as “BOFT”) of
MOFTEC is responsible for holding the public hearing on the determination of dumping.
Article 4   The public hearing on the determination of dumping shall be held openly. However, if
national secrets, commercial secrets or personal privacy are concerned, upon requests by interested
parties, BOFT may decide to take other ways to hold the said public hearing.
Article 5   BOFT may hold a public hearing upon request made by interested parties, and may decide
to do so on its own initiative if it considers necessary.
Article 6   Where BOFT decides to hold a public hearing on its own initiative, it shall notify
interested parties in advance, and relevant provisions of these Rules are applied.
Article 7   Interested parties mentioned in these Rules refers to the applicant, known exporters and
importers, the government of the exporting countries (regions) of an antidumping investigation and
other organizations or individuals who have interests in the said antidumping investigation.
Article 8   Where an interested party requests to hold a public hearing, it shall submit a written
application to BOFT for the public hearing.
(1) The application shall include the following information:
(2) Name, address and relevant information of the public hearing applicant;
(3) Issues of the application;
(4) Justification of the application.
Article 9    BOFT shall decide whether to hold the public hearing within 15 days after the receipt of
the application for the public hearing submitted by interested parties, and shall notify all interested
parties, including the public hearing applicant.
Article 10    The notification issued by BOFT deciding to hold a public hearing shall include the
following items:
(1) Decision of holding the public hearing;
(2) Reasons for holding such public hearing;
(3) Timing, venue and relevant requirements for the registration by interested parties
prior to the hearing;G/ADP/N/1/CHN/2/Suppl.1
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(4) Other matters.
Article 11   After the receipt of the notification of holding a public hearing, each interested party shall
register with BOFT in line with requirements in the notification..
Article 12    BOFT shall, within 20 days from the ending date specified in the notification of holding
the public hearing, make decision on issues of timing, venue, chairperson and agenda of the hearing,
etc. and notify the interested parties who have registered.
Article 13   The chairperson of a public hearing may exercise the following functions and powers
during the hearing:
(1) To preside over the hearing and monitor its progress;
(2) To confirm the identities of the hearing attendants;
(3) To maintain the hearing order;
(4) To raise questions to each interested parties;
(5) To decide whether to permit relevant interested parties to provide supplementary
evidence;
(6) To decide whether to suspend or terminate the hearing;
(7) Other matters needed to be decided during the hearing.
Article 14   An interested party to attend the public hearing may send its legal representative or
persons in charge to be present in the hearing , or may do so by appointing 1or 2 agents.
Article 15   An interested party to attend the public hearing shall bear the following obligations:
To arrive at the designated place and be present in the hearing in time;
To abide by the disciplines of the hearing and follow  the instruction of the chairperson of the hearing.
Article 16    The public hearing shall get through the following procedure:
(1) The chairperson of the hearing announces the commence of the hearing, and reads the
disciplines of the hearing;
(2) Confirmation of the identities of the hearing attendants;
(3) Interested parties’ presentations;
(4) Inquiry made by the chairperson over interested parties:
(5) Final presentations made by interested parties;
(6) The chairperson announces the closure of the hearing.
Article 17   The public hearing is aimed at providing an opportunity for the interested parties to fully
present their view, and does not set debating procedure.G/ADP/N/1/CHN/2/Suppl.1
Page 16
Article 18   Records of words shall be maintained during the hearing, and the chairperson, the
recorder, the interested parties attending the hearing shall sign or seal the records of words on the
spot. In case the interested parties refuse to do so, the chairperson of the hearing shall make remarks
on the records of words of the hearing indicating such situation.
Article 19    In case one of the following circumstances takes place, the public hearing may be
postponed or cancelled upon the decision made by BOFT:
(1) An event or a conduct happened to the hearin g applicant due to force majeure, and the
hearing applicant has submitted written request for postponing or cancelling the
hearing.
(2) The antidumping investigation has been terminated;
(3) Other matters happened so as to justify the postponing or cancellation of the hearing.
Article 20   After the cause of postponing the hearing has been eliminated, BOFT shall resume the
hearing procedure and notify the interested parties who have registered.
Article 21   The notification referred to in these Rules is  issued in the form of the Public Notice of
MOFTEC; under special circumstances, BOFT may take other forms.
Article 22   The working language used in the hearing is Chinese.
Article 23   MOFTEC shall be responsible for interpretation of these Rules.
Article 24   These Rules shall enter into force from the date of promulgation.G/ADP/N/1/CHN/2/Suppl.1
Page 17
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Sampling in Antidumping Investigations
CHAPTER 1  G ENERAL PROVISIONS
Article 1    With a view to ensuring fairness, justice and openness of an anti-dumping investigation,
these Rules are formulated in accordance with provisions of the “Antidumping Regulation of the
People’s Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Import and Export to be responsible for
implementation of these Rules.
Article 3   MOFTEC shall normally, on the basis of a full-scale investigation, determine separate
dumping margin for each individual responding exporter or producer. However, in case where thenumber of exporters, producers, types of products or transactions is so large that it would be unduly
burdensome and prevent timely completion of the investigation to determine separate dumping
margin for each individual exporter and producer or to investigate all types of products and all
transactions, MOFTEC may carry out its investigation by using sampling method.
Article 4   MOFTEC shall, based upon the information available at the time of sampling, select
samples for the investigation by using statistically valid sampling method or according to the export
volume.
Article 5   The samples for the investigation selected by MOFTEC shall be regarded as
representative.
C
HAPTER 2   S AMPLING ON EXPORTERS AND PRODUCERS
Article 6   MOFTEC shall, based upon the situation of  registration in and responding to the
antidumping case, decide on the selection of exporters and producers both in the sample and in thereserve list.
Article 7   MOFTEC shall notify each interested party immediately after the preliminary decision on
the selection of exporters and producers in the sample and in the reserve list is made.
Interested parties may, within 7 days upon the r eceipt of the notification, make comments on such
selection of sampled exporters and producers.
Article 8   MOFTEC shall, as much as possible, select those exporters and producers who agree to be
selected in the sample. However, exporters and producers disagree to such selection has no prejudice
to the selection of MOFTEC.
Article 9   MOFTEC shall issue its questionnaire for investigation only to the exporters and producers
selected in the sample and in the reserve list.  The exporters and producers selected in the sample and
in the reserve list shall provide timely a complete and accurate response to the questionnaire in line
with the requirements of the questionnaire.
Article 10   The exporters and producers not selected in the sample and in the reserve list may provide
information to MOFTEC on a voluntary basis.G/ADP/N/1/CHN/2/Suppl.1
Page 18
Article 11   MOFTEC shall determine separate dumping margin for each  individual exporters and
producers selected in the sample.
Article 12   Where the sampled exporters and producers fail to cooperate, MOFTEC may use those
exporters and producers in the reserve list to take their place.
Article 13    The dumping margin for responding exporters and producers who are not subject to the
individual examination shall be determined on th e basis of the weighted average dumping margin
determined for the sampled exporters and producers.
Article 14    The calculation of such weighted average dumping margin shall exclude:
(1) zero dumping margin;
(2) de minimis dumping margin as less than 2 per cent;
(3) dumping margin determined in accordance with Article 21 of the “Antidumping
Regulation of the People’s Republic of China”.
Article 15   MOFTEC shall examine individually the export ers and producers who are not selected in
the sample but have submitted necessary information in time and expressly requested separate
determination of dumping margin, provided that such separate examination would not prevent timely
completion of the dumping investigation.
Article 16   The determination of dumping margin for non-responding exporters and producers shall
be made in accordance with Article 21 of the “Antidumping Regulation of the People’s Republic of
China”.
CHAPTER 3   S AMPLING ON TYPES OF PRODUCTS
Article 17    After receiving the response to the questionnaire from responding exporters and
producers, if MOFTEC finds that the number of types of the product under investigation of the
exporters and producers is too large, MOFTEC may select a part of types of products by using
sampling method to determine dumping and dumping margin for the product under investigation of
the responding company in question,.
Article 18   MOFTEC shall notify each interested party immediately after the primary decision on the
selection of types of the product in the sample is made.
Interested parties may, within 7 days upon the r eceipt of the notification, make comments on such
selection of sampled types of the product.
Article 19   MOFTEC shall, as much as possible, select those types of the product to which the
exporters and producers have agreed to be selected in the sample. However, exporters and producers
disagree to such selection has no prejudice to the selection of MOFTEC.
Article 20   The dumping margin of the product under investigation shall be determined on the basis
of the weighted average dumping margin of the selected types of the product concerned.
CHAPTER 4   S AMPLING ON TRANSACTIONS
Article 21   After receiving the response to the questionnaire from responding exporters and
producers, in case where the number of transactions of the product under investigation for domesticG/ADP/N/1/CHN/2/Suppl.1
Page 19
sales or for export sales is too large, MOFTEC may select a part of transactions by using sampling
method to determine normal value and export price for the product concerned,.
Article 22   MOFTEC shall use the statistically valid sa mpling method for its samples to be selected.
Article 23   While deciding on the selected transactions in the sample, MOFTEC shall obtain the
agreement from the responding exporters and producers concerned.
Article 24   The normal value or the export price of the product under investigation shall be
determined on the basis of weighted average normal value or export price of the sampled transactions.
CHAPTER 5   S UPPLEMENTARY PROVISIONS
Article 25   The statistically valid sampling method includes equidistant sampling, random sampling
or any other appropriate sampling method in statistics.
Article 26   MOFTEC shall be responsible for interpretation of these Rules.
Article 27   These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
Page 20
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Disclosure of Information In Anti-dumping Investigations
Article 1    With a view to ensuring fairness, justice and openness of anti-dumping investigations,
these Rules are formulated in accordance with provisions of the “Anti-dumping Regulation of the
People’s Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Import and Export to be responsible for
implementation of these Rules.
Article 3   The term “disclosure” provided for in these Rules refers to the procedure under which
MOFTEC notifies relevant interested parties in an anti-dumping investigation who have provided
information during the course of investigation of the essential data, information, evidence and reasons
adopted for establishment of the existence of dumping and dumping margin for that particular
interested party.
Article 4   Disclosures consist of disclosure after the preliminary determination is publicized,
disclosure of the result of on-the-spot verification and disclosure before the final determination is
made.
Article 5   Information which is contained in the disclosures after the preliminary determination is
publicized and before the final determination is made includes:
(1) Regarding Normal Value: establishment of normal value, transaction data submitted
and data having been adjusted adopted for calculation of normal value, data rejected
for calculation of normal value and reasons for the rejection, etc.;
(2) Regarding Export Prices: establishment of export prices, transaction data submitted
and data having been adjusted adopted for calculation of export prices, data rejected
for calculation of export prices and reasons, etc.;
(3) Regarding Costs: Data for the establishment of cost of production, allocation method
for various expenses and data adopted, estimate of profits, establishment of abnormal
or non-recurring items, etc.;
(4) Usage of best information available and facts available and reasons, provided that
confidential information of other interested parties is not involved;
(5) Methodologies for calculation of dumping margin;
(6) Other information MOFTEC considers necessary to disclose.
Article 6   Disclosures shall be made in written form.
Article 7   MOFTEC shall make disclosure to the relevant interested parties within 20 days from the
date of issuance of Public Notice of the preliminary determination in an anti-dumping investigation.
Article 8   MOFTEC shall, after the disclosure is made to the relevant interested parties , give that
interested party no less than 10 days to make comments on the preliminary determination and the
disclosed information and facts.G/ADP/N/1/CHN/2/Suppl.1
Page 21
Such comments shall be in written form, and subm itted to MOFTEC within a stipulated period of
time.
Article 9   MOFTEC shall, within a reasonable period of time after the on-the-spot verification is
completed, make disclosure concerning the result of the on-the-spot verification to the relevantexporters and producers whose data provided have been verified. Such disclosure includes:
(1) Whether the exporters and producers subject to the verification have been cooperative
during the verification;
(2) Whether data, information and materials provided by such exporters and producers
are genuine, accurate and complete;
(3) Whether such exporters and producers have conducted fraud or concealment;
(4) Further collection of information during the verification in the countries (regions)
where such exporters and producers are located;
(5) Other information MOFTEC considers necessary to disclose.
Article 10   Where the disclosure is conducted before the final determination is made, MOFTEC shall
give the relevant interested parties subject to the disclosure no less than 10 days to make comments onthe disclosed information and facts.
Such comments shall be in written form, and subm itted to MOFTEC within a stipulated period of
time.
Article 11   Disclosure of confidential information concerning anti-dumping reviews shall be carried
out in accordance with provisions of these Rules.
Article 12   MOFTEC shall be responsible for interpretation of these Rules.
Article 13   These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
Page 22
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
On-the-spot Verification In Anti-Dumping Investigations
Article 1    With a view to regulating the procedure of on-the-spot verification in anti-dumping
investigations, these Rules are formulated in accordance with provisions of the “Anti-Dumping
Regulation of the People’s Republic of China”.
Article 2   The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Imports and Exports to be responsible for
implementation of these Rules.
Article 3    The on-the-spot verification provided for in these Rules refers to the procedure under
which MOFTEC dispatches its officials to the re levant exporting countries (regions) during the
process of the investigation to verify the genuineness, accuracy and completeness of the information
and materials submitted by the exporters and producers concerned, and to collect further information
and materials needed for the anti-dumping investigation.
Article 4   MOFTEC carries out the on-the-spot verification only on those exporters and producers of
the relevant exporting countries (regions) who ha ve been fully cooperative in the investigation.
Article 5   The on-the-spot verification is mainly to verify the information and materials submitted by
the exporters and producers, including:
(1) All information and materials in the response to the questionnaire submitted by the
exporters and producer;
(2) Information and materials contained in the response to the supplementary
questionnaire submitted by the exporters and producers upon the requirement by
MOFTEC;
(3) Information and materials submitted to MOFTEC by the exporters and producers on
their own initiative;
(4) Other information and materials that MOFTEC considers necessary to verify.
Article 6    MOFTEC may decide, depending upon various situations of each case, whether to carry
out an on-the-spot verification.
Article 7   MOFTEC normally carries out on-the-spot verification after the preliminary determination
is made, and may also carry out the verification before the preliminary determination is made,
depending upon various situations of each case.
Article 8    Having decided to carry out an on-the spot verification, MOFTEC shall notify in advance
the exporters and producers who are to be verified, and the governments of the countries (regions)where the exporters and producers to be verified are located.
Article 9   Before the on-the-spot verification is cond ucted, MOFTEC shall obtain explicit agreement
from the exporters and the producers concerned.
Article 10   Where the on-the-spot verification is agreed by the exporters and producers concerned,
MOFTEC shall notify the governments of the coun tries (regions) where the exporters and producers
to be verified are located of names, addresses of the exporters and producers to be verified, the
schedule agreed upon for the verification, and other relevant information.G/ADP/N/1/CHN/2/Suppl.1
Page 23
MOFTEC shall not carry out an on-the-spot verification if the government of the countries (regions)
where the exporters and producers concerned are located objects to it.
Article 11   Prior to the on-the-spot verification, MOFTEC shall notify in advance the exporters and
producers in question of the concrete timetable for the verification.
Article 12   The verifying team shall be organized by MOFTEC, and normally consists of the
government officials in charge of the anti-dumping investigation.
In exceptional circumstances, MOFT EC may invite non-governmental experts to take part in the on-
the-spot verification, provided that the exporters and producers to be verified and the governments ofthe countries (regions) where they are located are so informed in advance. Such non-governmental
experts shall strictly abide by the obligation of confidentiality.
Article 13   The verifying team shall, prior to the on-the-spot verification, notify the exporters and
producers in question of the general nature of the information to be verified, and of any furtherinformation which needs to be collected.
The verifying team may, where it considers necessary, issue a detailed list of questions for the
verification to the exporters and producers in question prior to the verification.
Article 14    The exporters and producers in question shall well prepare all evidence and materials
supporting the information contained in the response to the questionnaire and supplementary
questionnaire and shall make them available for the verification.
If the original records of evidence and materials mentioned in the previous Paragraph of this Article
are stored in the format of electronic data under a particular computer programme, the exporters and
producers in question shall guarantee that such computer programme is workable and that the
electronic data can be copied and printed.
Article 15   The exporters and producers subject to the verification shall co-operate actively with the
verifying team during the on-the-spot verification and make the staff originally responsible for the
preparation of the  response to the questionnaire and other staff concerned available and able toexplain any questions  raised by the verifying team.
Article 16   The working language for the verification is Chinese, or any other language the verifying
team agrees to use.
Article 17   The verifying team may, depending upon the complicatedness of the case, take a
comprehensive approach or a sampling approach to conduct its verification.
Article 18   The on-the-spot verification may be carried out within the scope previously notified, but
such scope shall not impede the verifying team to request on the spot further information and
materials on the basis of the obtained information and materials.
Article 19   MOFTEC shall, within a reasonable period after the verification is completed, disclose
the result of the verification to the exporters and producers subject to the verification. MOFTEC may
disclose a summary of the result of the verification to other interested parties upon their requestsprovided that the confidential information of th e exporters and producers is not involved in such
disclosure.G/ADP/N/1/CHN/2/Suppl.1
Page 24
Article 20   The information and materials provided in the response to the questionnaire and
supplementary questionnaire, and the information and materials further collected during the
verification will constitute the basis for MOFTEC to determine the dumping and the dumping margin.
Article 21   Under one of the following circumstan ces, MOFTEC may make determination of
dumping and dumping margin on the basis of facts available and the best information available:
(1) The exporters or producers concerned reject the on-the-spot verification;
(2) The government of the countries (regions) where the exporters and producers to be
verified are located objects to the on-the-spot verification;
(3) The exporters or producers fail to actively co-operate in line with the requirement
reasonably made by the verifying team;
(4) The verification fails to be completed as scheduled due to the delay caused by the
exporters or producers in question;
(5) Serious problems are discovered during the verification with respect to the
genuineness, accuracy and completeness of the information and materials provided by
the exporters and producers in question;
(6) There exists obvious fraud or concealment conducted by the exporters and producers
in question;
(7) Other activities that impede the on-the-spot verification.
Article 22   In case the export price is constructed in an anti-dumping investigation, or where
MOFTEC considers necessary, MOFTEC may carry out an on-the-spot verification on the domestic
importers of the product under investigation. Such verification shall be carried out by reference to
these Rules.
Article 23   Upon request by the exporters and producers concerned while the governments of the
countries (regions) where they are located has no objection, MOFTEC may dispatch its staffs to theexporting country (region) to explain the questionnaire of the anti-dumpling investigation.
Article 24   MOFTEC shall be responsible for interpretation of these Rules.
Article 25   These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
Page 25
Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Access to Non-Confidential Information In Anti-dumping Investigations
Article 1    With a view to ensuring fairness, justice and openness in anti-dumping investigations,
these Rules are formulated in accordance with provisions of the “Anti-dumping Regulation of the
People’s Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
“MOFTEC”) delegates the Bureau of Fair Trade for Imports and Exports to be responsible for
implementation of these Rules.
Article 3   Access to non-confidential information provided  for in these Rules refers to that the
interested parties relevant to an anti-dumping case go to a place designated by MOFTEC to search,read, transcribe and copy the non-confidential information and materials submitted by other interested
parties with regard to the anti-dumping case in question.
Article 4   MOFTEC permits all interested parties to have an access to all non-confidential
information relating to the case under investigation.
Article 5   The accessible non-confidential information specified in Article 4 of these Rules includes:
(1) Non-confidential version of the application for initiation of an anti-dumping
investigation submitted by the applicant;
(2) Non-confidential version of the responses to the questionnaire and supplementary
responses submitted by foreign responding exporters and producers;
(3) Other non-confidential information submitted to MOFTEC by  interested parties;
(4) Requests made to MOFTEC by relevant interested parties, including but not limited
to, request for extension of the time period for submission of the response to thequestionnaire, request for adding of countries (regions) to be investigated, request for
retroactive levy of anti-dumping duties, and requests for price undertakings, public
hearings, reviews, etc.;
(5) Non-confidential information contained in the views and comments presented by
other interested parties with respect to the requests mentioned in the above Paragraph
of this Article;
(6) MOFTEC’s reply to the requests mentioned in Paragraph 4 of this Article.
(7) Summary of meetings between MOFTEC and relevant interested parties;
(8) Public Notice and notifications issued by MOFTEC;
(9) Summary of on-the-spot verification carried out by MOFTEC;
(10) Other non-confidential information MOFTEC considers accessible to the interested
parties.
Article 6   When submitting relevant information to MOFTEC, interested parties shall mark it as non-
confidential or confidential.G/ADP/N/1/CHN/2/Suppl.1
Page 26
If the information provided by interested parties is confidential, the interested parties may apply for
confidentiality treatment for such confidential information, and shall submit a non-confidential
summary thereof. This summary shall be incorporated in the non-confidential version of the
submission.
In case information is not marked as confidential, MOFTEC may consider it as non-confidential, and
make it accessible to other interested parties.
Article 7   Each interested party may, during the whole process of investigation of a case, get access
to the non-confidential information in  MOFTEC at MOFTEC’s working time.
Article 8   Before taking the access to the non-confidential information, the interested party shall
contact in advance the relevant officials of MOFTEC and address the content and scope of the
information they intend to get access to.
Article 9   While searching the non-confidential information, the interested party shall present its
identity card or other documents indicating its identity to relevant officials of MOFTEC and shallmake registration.
Article 10   Interested parties may transcribe and copy the non-confidential information they have
searched, but shall not borrow it out.
Article 11   MOFTEC shall be responsible for interpretation of these Rules.
Article 12   These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
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Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Price Undertakings In An tidumping Investigations
CHAPTER 1   G ENERAL PROVISIONS
Article 1    With a view to ensuring reasonability and effectiveness of the application of antidumping
measures, these Rules are formulated in accordance with provisions of the “Antidumping Regulationof the People’s Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as
MOFTEC) delegates the Bureau of Fair Trade for Import and Export to be responsible for
implementation of these Rules.
Article 3    The term “Price Undertakings” mentioned in these Rules refers to as undertakings
voluntarily offered to MOFTEC by exporters a nd producers who have responded to an antidumping
investigation by way of revising prices or ceasing exports of the product under investigation at
dumped prices, and accepted by MOFTEC, in order to suspend or terminate the said investigation.
C
HAPTER 2   O FFER OF PRICE UNDERTAKINGS
Article 4    The responding exporters and producers may offer a price undertaking to MOFTEC;
MOFTEC may also suggest the responding exporters and producers to offer the price undertaking.
Article 5    MOFTEC shall not force relevant exporters and producers to enter into any price
undertaking. The fact that exporters and producers do not offer a price undertaking or do not acceptthe suggestion of such price undertaking shall in no way prejudice the consideration of its dumping
and dumping margin.
Article 6    The offer of a price undertaking shall be made no later than 45 days after the preliminary
determination is publicly announced.
Article 7    MOFTEC shall not suggest exporters and producers to offer a price undertaking or accept
such undertaking from exporters and producers unless a preliminary affirmative determination of
dumping and injury caused by such dumping is made.
Article 8   Where an offer of a price undertaking contains confidential information, exporters and
producers making the offer may file an application to MOFTEC for confidenti ality treatment for that
information, and shall provide a non-confidential summary for that confidential information.
Article 9   MOFTEC shall notify other interested parties of a price undertaking offered upon the
receipt of it from exporters and producers concerned, and shall provide a non-confidential version of
such undertaking for them to make comments ther eon. Such comments shall be in written form and
submitted within the period stipulated in the notification.
C
HAPTER 3   A CCEPTANCE OR NON-ACCEPTANCE OF PRICE UNDERTAKINGS
Article 10    MOFTEC, while considering acceptance of a price undertaking offered, shall examine the
following factors:
(1) Whether the injury caused by dumping can be eliminated;
(2) Whether there exist effective measures to monitor its fulfilment;G/ADP/N/1/CHN/2/Suppl.1
Page 28
(3) Whether such acceptance is consistent with public interests of the People’s Republic
of China;
(4) Whether there exists any possibility of circumvention;
(5) Other factors MOFTEC considers necessary to examine.
Article 11    MOFTEC only accepts the price undertaking offered by exporters and producers who
have been fully cooperative during the period of investigation.
Article 12    Where a price undertaking offered by exporters and producers is considered acceptable,
MOFTEC may, after consulting with the State Economic and Trade Commission, decide to suspend
or terminate the antidumping investigation on the exporter and producer making the undertaking.
A Public Notice of the decision for suspension or termination of the antidumping investigation shall
be given by MOFTEC.
Article 13    Where the acceptance of a price undertaking offered is considered impractical or
inappropriate, MOFTEC shall notify the exporters an d producers offering such undertaking of reasons
for such non-acceptance, and give them full opportunity to make comments thereon.
The decision of non-acceptance of a price undertaking and reasons shall be explicitly written in thefinal determination.
C
HAPTER 4   C ONTENT , DURATION AND MONITORING OF FULFILMENT OF PRICE UNDERTAKINGS
Article 14    A price undertaking shall contain, but not limited to, the following items:
(1) Scope of product;
(2) Reference prices, including price establishment, form of price increase, margin of
price increase, price adjustments at different stages;
(3) Reporting obligation;
(4) Explicit intent of acceptance of on-the-spot verification;
(5) Guaranty of non-circumvention of the price undertaking;
(6) Other content MOFTEC considers necessary to contain.
Article 15    The level of the price increase under a price undertaking shall be equivalent to the
dumping margin established in the preliminary determination; where the level of the price increase
under a price undertaking is less than the dumping margin established but adequate to remove the
injury to the domestic industry, such price increase may be less than dumping margin.
Article 16    A price undertaking shall become effective from the date of Public Notice given by
MOFTEC with respect to the decision of suspension or termination of the antidumping investigation,
and shall remain in force for 5 years.
Where MOFTEC only accepts an undertaking from a proportion of exporters and producers who have
responded to the investigation, the duration specified in the preceding Paragraph of this Article shall
start from the date of completion of the antidumping investigation on other exporters and producers
who are not subject to the undertaking.G/ADP/N/1/CHN/2/Suppl.1
Page 29
Article 17    MOFTEC may take the following ways to monitor the fulfilment of a price undertaking:
(1) To require the exporter and producer from whom an undertaking is made to provide
periodically information relevant to the fulf ilment of such an undertaking, including
actual quantity and price of exports, name of importers, etc.;
(2) To verify periodically with the Customs data of exports of the product under
investigation to the People’s Republic of China made by the exporter and producer
from whom the undertaking is made
(3) To carry out periodically or non-periodically on-the-spot verification on the exporter
and producer from whom the undertaking is made;
(4) To collect and verify information with domestic importers of the exporter and
producer making the undertaking;
(5) Other ways MOFTEC considers appropriate to take.
Article 18    After an antidumping investigation is suspended or terminated pursuant to the Paragraph
1 of Article 33 of the “Antidumping Regulation of the People’s Republic of China”, the investigating
authorities may decide continuation of the investigation on dumping and injury if relevant exporters
and producers so request or the investigating authorities consider it necessary.
Article 19    Where an investigation is continued pursuant to Article 18 of these Rules, the price
undertaking shall remain effective if the investig ation results in an affirmative determination of
dumping and injury.
Article 20    Where an investigation is continued pursuant to Article 18 of these Rules, the price
undertaking made by relevant exporters and producers shall automatically lapse if the investigation
results in a negative determination of dumping.
If the investigation results in a negative determination of injury, the antidumping investigation shall
be terminated and the price undertaking made by exporters and producers shall also automatically
lapse in accordance with provision of Paragraph 2 of Article 27 of the “Antidumping Regulation of
the People’s Republic of China”.
Article 21    Where an investigation is continued pursuant to Article 18 of these Rules, if the
investigating authorities did not make an affirmative determination of either dumping or injury due to
the existence of a price undertaking, MOFTEC may decide to maintain the undertaking for areasonable period.
C
HAPTER 5   C ANCELLATION , WITHDRAWAL AND VIOLATION OF PRICE UNDERTAKINGS
Article 22    In case MOFETEC considers it no longer cons istent with public interests of the People’s
Republic of China to continue the fulfilment of a price undertaking, MOFTEC may cancel thedecision of accepting such an undertaking.
Article 23    MOFTEC shall, within a reasonable period prior to the date on which the cancellation
becomes effective, notify exporters and producers from whom the undertaking is made of the intent of
the cancellation, and shall give them full opportunity to make comments thereon.G/ADP/N/1/CHN/2/Suppl.1
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Article 24    Exporters and producers making a price undertaking may withdraw their undertaking at
any time during the period that the undertaking remain s in force, provided that such withdrawal has
been submitted to MOFTEC 30 days prior to its carry-out.
Article 25    Where MOFTEC decides to cancel the decision of accepting a price undertaking, or
exporters and producers making the price undertak ing withdraw their undert aking, MOFTEC shall
notify the Customs of applying the provisional antidumping measures according to the original
preliminary determination from the date on which such cancellation or withdrawal becomes effective,
and shall resume immediately the antidumping investigation.
In case the original antidumping investigation has been completed and dumping margin been finally
established for that exporter and producer making the undertaking, definitive antidumping duties shallbe levied from the date on which such cancellation or withdrawal becomes effective.
Article 26    A price undertaking is violated if one of the following circumstances take places:
(1) Exporters and producers subject to a price undertaking effect their exports at a price
less than undertaken;
(2) The exporters and producers in question fail to provide periodically information
relevant to the fulfilment of the undertaking in accordance with terms under the
undertaking;
(3) The exporters and producers in question refuse to permit MOFTEC to verify data and
other information they have provided;
(4) Data and other information the exporters and producers in question have provided
relevant to the fulfilment of the undertaking are seriously inaccurate;
(5) The existence of obvious circumvention;
(6) Other activities violating the price undertaking.
Article 27    In case exporters and producers making a price undertaking violate their undertaking,
MOFTEC shall immediately resume the antidum ping investigation, and immediately apply
provisional antidumping measures using the best information available.
If the final determination establishes the existence of dumping, definitive antidumping duties shall be
levied in accordance with provisions of Article 38 of the “Antidumping Regulation of the People’s
Republic of China”, and definitive duties may be levied retrospectively on products underinvestigation imported not more than 90 days before the application of provisional antidumping
measures, provided that such retrospective assessment shall not apply to imports entered before the
violation of the undertaking.
If the definitive antidumping duty established in the final determination is higher than the amount of
cash deposit established in the preliminary determination, the difference shall be levied. If the
definitive antidumping duty established in the final determination is lower than the amount of cash
deposit established in the preliminary determination, the difference shall be refunded.
Article 28    Where exporters and producers making a price undertaking violate their undertaking, if
the original antidumping investigation has been completed and dumping margins been established for
such exporters and producers violating the undertaking, definitive antidumping duties shall be levied
immediately in accordance with provisions of Article 38 of the “Antidumping Regulation of theG/ADP/N/1/CHN/2/Suppl.1
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People’s Republic of China”, and definitive antidumping duties may be levied retrospectively on
products under investigation imported not more than 90 days before the application of provisional
antidumping measures, provided that such retrospective assessment shall not apply to imports entered
before the violation of the undertaking.
CHAPTER 6   S UPPLEMENTARY PROVISIONS
Article 29    Price undertakings may be concluded between MOFTEC and the government of relevant
exporting countries (regions).
Article 30    Any price undertaking shall be notified to the Committee on Antidumping Practices of
World Trade Organization within 7 days following its entering into force.
Article 31    MOFTEC is responsible for interpretation of these Rules.
Article 32    These Rules shall enter into force from date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
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Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
New Shipper Review In Anti-dumping Investigations
Article 1    With a view to ensuring fairness, justices and openness in antidumping new shipper
reviews, these Rules are formulated in accordance  with provisions of the “Anti-dumping Regulation
of the People's Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
“MOFTEC”) delegates the Bureau of Fair Trade for Imports & Exports to be responsible for
implementation of these Rules.
Article 3   These Rules apply to reviews for determination of individual anti-dumping duty rate
requested by those exporters and producers (hereinafter referred to as “new shippers”) of the countries(regions) concerned after the original anti-dumping measures have entered into force, who did not
export the product under investigation to the People’s Republic of China during the original period of
investigation.
Article 4   The applicant for new shipper review shall in no way be related to the exporters and
producers who have exported the product under investigation to the People’s Republic of China
during the original period of investigation.
Where the applicant for new shipper review is a trading company, additional to the provisions in the
above Paragraph of this Article to be complied with, its suppliers shall also in no way be the exportersand producers who have exported the product under investigation to the People’s Republic of China
during the original investigation period or have relationship with the above-mentioned exporters and
producers.
Article 5   The applicant for new shipper review must  be the party who has actually exported the
product under investigation to the People’s Republic of China after the original period of
investigation.
The export mentioned in the preceding Paragraph of th is Article shall be made in sufficient quantities
so as to constitute the basis for determination of the ordinary export price. Such quantities shall be
established on the basis of transaction volume under the normal commercial conditions of the product
under investigation.
Article 6   Where the original anti-dumping measure is the imposition of anti-dumping duty, the
export which is not subject to the anti-dumping duty shall not be the basis for the application of new
shipper review.
Article 7   The applicant for new shipper review may file its application only after the final
determination in the original investigation has come into force, and the date on which the application
is filed shall not be later than 30 days after the actual export.
The application for new shipper review on the actual export made after the original period of
investigation and before the final determination is not subjected to the preceding Paragraph of this
Article. However it still shall be filed nevertheless within 3 months after the final determination of the
original investigation is made.
The date for actual exports shall be established on the basis of the invoicing date.Article 8   The application for new shipper review shall be filed in a written form, and shall be
formally signed by the legal representative of the applicant or his/her authorized person.G/ADP/N/1/CHN/2/Suppl.1
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Article 9   The following evidence and materials shall be attached to the application for new shipper
review:
(1) Name, address and relevant information of the applicant;
(2) Structure of company and names of related companies;
(3) Average sales price, number of transactions and total value of domestic sales, average
export price, number of export transactions and total export value to the People’s
Republic of China, average export price, number of transactions and total export
value to the third countries (regions) of the product under investigation during the last
6 months prior to the application;
(4) Copy of contracts, commercial invoices, bills of lading and certificates of payment
indicating the effect of exports of product under investigation to the People’s
Republic of China as well as documentary evidence of payment of anti-dumping duty
effected by the importer;
(5) Other information that the applicant considers necessary to address.
Article 10   The application shall be classified into conf idential version (under the condition that  the
applicant requests for confidentiality treatment) and non-confidential version. One original application
and six copies shall be submitted for the confidential version and the non-confidential version
respectively.
Article 11    MOFTEC shall, within 7 working days upon the receipt of the application for new
shipper review, notify the applicant of the original  anti-dumping investigation. The applicant of the
original anti-dumping investigation may make co mments on whether MOFTEC should initiate the
review within 14 days after being notified.
Article 12   MOFTEC shall make a decision on whether to initiate the review within 30 working days
from the date of receipt of the application, the evidence and materials attached.
Article 13   MOFTEC  shall notify the applicant in writing and give reasons of not initiating the
review if it so decides.
Article 14   MOFTEC shall give a Public Notice for initiation of new shipper review where it so
decides.
The Public Notice of initiation shall contain the following information:
(1) Description of the product to be investigated;
(2) Name of exporters and producers to be investigated, and name of their countries
(regions);
(3) Date of initiation;
(4) Period of review;
(5) Time limits for interested parties to make comments and to submit relevant materials;G/ADP/N/1/CHN/2/Suppl.1
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(6) Intent of the investigating authorities to carry out on-the-spot verification;
(7) Consequence of non-cooperation by interested parties.
(8) Ways of communication with the investigating authorities.
Article 15   MOFTEC shall, before the issuance of the Public Notice of initiation of the review, notify
the Customs to suspend, from the date of the Public Notice, the imposition of anti-dumping duty onthe product under investigation to be exported by the applicant, but nevertheless shall require the
importer of the product under investigation exported by the applicant provide cash deposit at a rate
corresponding to the anti-dumping duty rate applied to  “other companies” as specified in the original
anti-dumping final determination.
Article 16   The investigation period for new shipper review shall be 6 months prior to the submission
of the application.
Article 17   If necessary, MOFTEC may conduct its investigation by issuing questionnaire to the
applicant of the new shipper review, the procedure of which shall be in line with provisions of the
“Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Questionnaires in
Antidumping Investigations ”.
Article 18   The normal value, export price and dumping margin of the imported product shall be
determined in accordance with provisions of Articles 4, 5 and 6 of the “Anti-dumping Regulation of
the People’s Republic of China”.
Article 19   Where the export price is constructed on the basis of the price at which the imported
product is resold to the first independent purchaser, if the applicant can provide sufficient evidence to
prove that the anti-dumping duty has been duly reflected in the price at which the imported products
are resold to the first independent purchaser and in the price for the subsequent domestic sales,
MOFTEC shall not deduct the amount of anti-dumping  duty paid when calculating the constructed
export price.
Article 20   MOFTEC may decide to carry out an on-the-spot verification on the accuracy and
completeness of the evidence and materials provided by the applicant.  Procedures for the on-the-spot
verification shall be in line with provisions of the “Provisional Rules of Ministry of Foreign Trade &
Economic Cooperation on On-the-spot Verification in Anti-dumping Investigations”.
Article 21   Preliminary determination does not need to be made in new shipper review. However,
after having got preliminary conclusion of the investigation, MOFTEC shall disclose facts and
reasons on which the preliminary conclusion is based, and shall give no less than 10 days to the
interested parties for comments and for submitting additional materials.
Article 22   The applicant for new shipper review ma y offer a price undertaking to MOFTEC within
15 days from the date on which the preliminary conclusion is disclosed.
Article 23   Where MOFTEC considers that the price undertaking offered by the applicant of the
review is acceptable, after consulting with th e State Economic and Trade Commission, MOFTEC may
decide to suspend or terminate the investigation of the review, and notify the Customs to terminate the
imposition of anti-dumping duty on the product under investigation exported by such new shipper
from the date on which the price undertaking comes into force.G/ADP/N/1/CHN/2/Suppl.1
Page 35
The product under investigation exported by the new shipper after the initiation of review and before
the enforcement of the price undertaking shall be subject to an anti-dumping duty which is equivalent
to the amount of cash deposit having been provided
Article 24   The investigation for new shipper review shall be completed within 9 months from the
date of initiation.
Article 25   MOFTEC shall submit to the Customs Tariff  Commission of the State Council a proposal
for anti-dumping duty to be applied to the applican t of the review 15 days prior to the end of the
review investigation, and shall give a Public Notice according to the decision made by the Customs
Tariff Commission of the State Council before the review investigation is ended.
Article 26   Where the review determination results in existence of dumping,  the antidumping duties
shall be retroactively levied on the product under investigation which was exported by the applicant
after the initiation of the review and before the determination of the review.
Where the anti-dumping duty determined by the review is higher than the cash deposit having been
provided, the difference shall not be collected; where the anti-dumping duty is lower than the cash
deposit, the difference shall be refunded.
Article 27   MOFTEC shall be responsible for interpretation of these Rules.
Article 28   These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
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Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Refund of Anti-dumping Duty
Article 1    With a view to regulating the procedure for refund of anti-dumping duty, these Rules are
formulated in accordance with provisions of the “Anti-Dumping Regulation of the People’s Republic
of China”.
Article 2   The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
“MOFTEC”) delegates the Bureau of Fair Trade for Imports and Exports to be responsible for
implementation of these Rules.
Article 3    Having evidence to prove that the anti-dumping duty paid is higher than the actual
dumping margin, the importer of the dumped product may file an application with MOFTEC forantidumping duty refund in accordance with these Rules.
Article 4    The application for duty refund shall be filed not later than 3 months after the anti-
dumping duty had been actually paid.
The application for duty refund concerning the product under investigation imported after the
initiation of an anti-dumping investigation but before the final rulings shall not be subjected to the
preceding Paragraph of this Article, but nevertheless shall be filed within 3 months after the final
determination is made.
Article 5    The application for duty refund shall be filed in a written form, and be formally signed by
the legal representative of the applicant or his/her authorized person.
Article 6    The application for duty refund shall be a ttached by the following evidence and materials:
(1) Name, address and relevant information of the applicant and its supplier;
(2) Average domestic prices, number of transactions and total value of domestic sales;
average export price, number of transactions and total export value to the People’s
Republic of. China; average export price, number of transactions and total sales value
to the third country (region) during 6 months prior to the application.
(3) Data of normal value and export prices of the product under investigation during 6
months prior to the application;
(4) All adjustments necessary for calculation of margin of dumping and preliminary
result of margin of dumping calculation;
(5) Copies of contracts, invoices, bills of lading, certificates of payment relating to import
of the product concerned covered by the application for duty refund, and documentary
evidence proving that anti-dumping duty has been paid by the applicant;
(6) Other information that the applicant considers necessary to address.
Article 7    The submission of the information specified in Subparagraphs 1 to 4 of Article 6 of these
Rules shall be in accordance with the content and the form required  by the original anti-dumping
questionnaire .G/ADP/N/1/CHN/2/Suppl.1
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The evidence and materials attached to the application shall include data of all models of the products
subject to anti-dumping measures.  The data of export price shall include all exports to the People’s
Republic of China made by the supplier of the applicant.
Article 8    Separate applications for duty refund shall be filed respectively with respect to each single
supplier where several suppliers are concerned.
Article 9    Where the importer is not related to the exporter and producer, and the aforesaid evidence
and materials cannot be directly provided by the importer, the application for duty refund shall
include a statement made by the exporter and producer.
The statement mentioned in the previous Paragraph of this Article shall include the following items:
margin of dumping of the product concerned has been reduced or eliminated, and relevant evidence
and materials will be directly submitted to MOFTEC by the exporter and producer in conformity with
the required content and form within 30 days from th e date on which the application for duty refund is
filed.
MOFTEC may reject the application for duty refund if the exporter and producer fails to submit the
evidence and materials in accordance with the statement within the specified time limit.
Article 10   The application shall be classified into conf idential version (in case where the applicant
requests confidentiality treatment) and non-confidential version.  1 original and 6 copies shall besubmitted for both the confidential version and the non-confidential version.
Article 11    MOFTEC may conduct an on-the-spot verification to examine accuracy and
completeness of the evidence and materials submitted by the exporter and producer in accordance
with the “Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on On-the-spotVerification in Anti-dumping Investigations”.
If the interested party objects to the verificati on, MOFTEC may make its determination on the basis of
facts available or best information available, or otherwise reject the application.
Article 12    MOFTEC shall determine the normal value, export price and the dumping margin of the
product subject to the application for duty refund 6 months prior to the application in according withprovisions of Articles 4, 5 and 6 of the “Anti-dumping Regulation of the People’s Republic of China”.
Article 13    Where the export price is constructed on the basis of the price at which the imported
product is resold to the first independent purchaser, and where the applicant provides sufficient
evidence to prove that the anti-dumping duty has been duly reflected in the resale price at which theimported products are resold to the first independent purchaser and subsequent domestic sales price,
MOFTEC shall not deduct the amount of anti-dumping  duty paid when calculating the constructed
export price.
Article 14    Where it is found through examination that the dumping margin is not lower than
originally determined, MOFTEC shall re ject the application for duty refund.
Article 15   MOFTEC shall notify the applicant and explain the reason if the application is rejected.
Article 16    MOFTEC shall complete the review for duty refund within 12 months upon the receipt of
the application.
Article 17    MOFTEC shall submit a proposal for duty refund to the Customs Tariff Commission of
the State Council 15 days prior to the end of the investigation of review for duty refund, and shallG/ADP/N/1/CHN/2/Suppl.1
Page 38
notify the applicant and the Customs of the decision made by the Customs Tariff Commission of the
State Council before such investigation of review is ended.
Article 18   The amount of duty refundable shall be the difference between the dumping margin
determined in the original anti-dumping investigation and the dumping margin newly determined.
Article 19   The result of review for duty refund shall not affect the validity of the original anti-
dumping measures.
Article 20   Once having  found through examination that the dumping margin has increased,
MOFTEC may initiate an interim review on its own initiative.
Article 21   MOFTEC shall be responsible for interpretation of these Rules.
Article 22   These Rules shall enter into force from the date of 15 April 2002.G/ADP/N/1/CHN/2/Suppl.1
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Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Interim Review of Dumping and Dumping Margin
Article 1    W i t h  a  v i e w  t o  e n s u r i n g  f a i r n e s s ,  j u s tice and openness of antidumping interim review,
these Rules are formulated in accordance with provisions of the “Anti-dumping Regulation of the
People's Republic of China”.
Article 2    The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as
“MOFTEC”) delegates the Bureau of Fair Trade for Imports and Exports to be responsible for
implementation of these Rules.
Article 3    These Rules apply, during the period that anti-dumping measures are effective, to reviews
on the necessity of whether to continue those measures under the original form and at the originallevel given the facts that the normal value and export price have changed since the anti-dumping
measures entered into force (hereinafter referred to as “interim review”).
Article 4    MOFTEC may initiate an interim review upon application.
Where MOFTEC does not receive an application for interim review but has reasonable ground for
interim review, MOFTEC may, after consulting with the State Economic and Trade Commission,
initiate an interim review on its own initiative.
Article 5    Domestic industries or natural person, legal person and other organizations representing
the domestic industry (hereinafter referred to as “domestic industry”), or exporters and producers of
the exporting countries (regions) concerned, and domestic importers may all be entitled to file an
application with MOFTEC for interim reviews.
Article 6    The application for an interim review shall be filed within 30 days from the date after each
single year has elapsed following the anti-dumping measures entering into force.
An application for an interim review on the determination of the previous review shall be filed within
30 days from the date after one year has elapsed fo llowing the determination of review entering into
force.
Article 7    The exporters and producers applying for interim reviews shall be the one who have
exported to China the product subject to the anti-dumping measures (hereinafter referred to as
“product under investigation”) within a period of 12 months prior to the application.
The export referred in the previous Paragraph of this Article shall be made in sufficient quantities so
as to constitute the basis to determine export prices. Such quantities shall be established on the basisof transaction volume under the normal commercial conditions of the product under investigation.
Article 8    Where the original anti-dumping measure is the imposition of anti-dumping duty, the
export which is not subject to the anti-dumping duty shall not be the basis for the application of
interim reviews.
Article 9    The application for an interim review submitted by exporters or producers shall be in a
written form,  and signed by the legal representative or his/her authorized person.
The application for interim review submitted by the exporters or producers shall include the following
evidence and materials.
(1) Applicant’s name, address and other relevant information;G/ADP/N/1/CHN/2/Suppl.1
Page 40
(2) Data of domestic sales made by the applicant 12 months prior to the application;
(3) Data of exports to China made by the applicant 12 months prior to the application;
(4) All adjustments necessary for calculation of dumping margin and preliminary result
of dumping margin calculation;
(5) Other information that applicant considers necessary to address.
The submission of materials mentioned in Subparagraphs 1 to 4 of the above Paragraph of this Article
should be, with respect to the content and the form, in line with requirements specified in the original
anti-dumping questionnaire.
Article 10    The application filed by the exporters and producers for an interim review shall be
classified into confidential version (if the applic ant requests for confidentiality treatment) and non-
confidential version. 1 original application and 6 copies shall be submitted for both the confidentialversion and the non-confidential version respectively.
Article 11    MOFTEC shall, within 7 working days upon the receipt of the application for the interim
review from exporters or producers, notify the applicant of the original antidumping investigation; the
original applicant may, within 21 days after being notified, make comments on whether such reviewshall be initiated.
Article 12    Where domestic industry files an application for an interim review, the evidence and
materials provided by the domestic industry concerning dumping and the applicant’s standing shall be
in conformity with provisions of Articles 1 4, 15 and 17 of the “Anti-dumping Regulation of the
People's Republic of China”.
Article 13   The application for an interim review filed by the domestic industry may cover all
exporters and producers in all or only a proportion of exporting countries (regions) involved in the
original anti-dumping investigation, or it may also limit expressly the scope of review to some
specified exporters and producers.
Article 14    The formality of the application for an interim review filed by the domestic industry shall
be in line with Article 10 of these Rules.
Article 15    Upon the receipt of the application for an  interim review filed by the domestic industry,
MOFTEC shall, within 7 working days, provide to  the representative institute of the exporting
countries (regions) concerned in China a non-confidential version and a non-confidential summary of
the confidential information of the application for the review.
Article 16    The exporters and producers may comment on whether a review shall be initiated within
21 days after MOFTEC has provided to the repr esentative institute of the exporting countries
(regions) concerned in China the non-confidential version and the non-confidential summary of the
confidential information of the application for the review.
Article 17    The application for interim review file d by importers shall comply with relevant
provisions specified in Articles 9 and 10 of these Rules concerning application for interim reviewsfiled by the exporters and producers.
Article 18    Where the importer is not related to the exporters and producers concerned, and thereby
cannot immediately obtain the evidence and material s concerning the normal value and export price
specified in Article 9 of these Rules, or the exporters and producers concerned do not agree to provideG/ADP/N/1/CHN/2/Suppl.1
Page 41
the above-mentioned evidence and materials to the importer, the importer in question shall provide a
statement made by the exporters and producers, in which  the exporters and producers concerned have
explicitly expressed that the dumping margin has been reduced or eliminated, and the relevant
evidence and materials will be submitted directly to the MOFTEC under the form and the content as
required and specified within 30 days from the date on which the application for the review is filed bythe importer.
Article 19    The evidence and materials which the exporters and producers concerned submit
according to Article 18 of these Rules shall comply with provisions of Article 10 of these Rules.
Article 20   MOFTEC shall, within 7 working days upon the receipt of the application for the interim
review from importer, notify the applicant of th e original antidumping investigation; the original
applicant may, within 21 days after being notifie d, make comments on whether such review should be
initiated.
Article 21    MOFTEC shall, within 7 working days upon the receipt of the application for an interim
review, forward 1 copy of confidential version of the application attaching relevant evidence andmaterials and 1 copy of non-confidential version of the application to the State Economic and Trade
Commission.
The State Economic and Trade Commission shall have at least 20 days to examine the application and
relevant evidence and materials, and present views thereon.
Article 22    MOFTEC shall normally make a decision of whether to initiate a review investigation
within 60 days upon the receipt of the application for the interim review.
Article 23    Having found, through examination, that the application for the interim review and the
attached evidence and materials are not in conformity with provisions of these Rules, MOFTEC may
require the applicant provide additional information and make amendment within a specified period of
time.  If the applicant fails to provide additiona l information and make amendment within the time
limit, or after being supplemented or amended, the application does not yet comply with the
requirements under these Rules, MOFTEC may reje ct the application, and notify the applicant in
writing and give reasons for that rejection.
Article 24    MOFTEC shall give a Public Notice upon its decision made to initiate an interim review.
The Public Notice shall contain the following information:
(1) Description of the product to be investigated;
(2) Name of exporters, producers to be investigated and name of the countries (regions)
or countries (regions) of origin;
(3) Date of initiation of the review;
(4) Investigation period for review;
(5) Summary of grounds on whether dumping margin is increased or reduced, or
eliminated;
(6) Time limit for interested parties to comment and to submit the relevant information;
(7) Intent of the investigating authority to carry out an on-the-spot verification;G/ADP/N/1/CHN/2/Suppl.1
Page 42
(8) Potential result for non-cooperation by relevant interested parties.
(9) Ways to contact the investigating authority.
Article 25    Where exporters and producers file an application for interim review, the investigation of
the review shall be limited only to the normal value, export prices and dumping margin of the product
under investigation of the applicant.
Article 26    Where the domestic industry files an application for interim review, the investigation of
the review shall cover the normal value, export prices and dumping margin of the product under
investigation of all exporters and producers concerned of the countries (regions) specified in the
application. Those exporters and producers, whose dumping margins were determined as zero or de
minimis  in the original anti-dumping investigation, sha ll also be subject to the review investigation.
Where the domestic industry file an application for interim review only on some individual exporter
and producer in exporting countries (regions) of the original antidumping investigation, MOFTEC
may focus its investigation only on the normal value, export prices and dumping margin of the
product under investigation of the aforesaid exporter and producer.
Article 27    Where the importer applies for an interim review, the investigation of the review shall be
limited only to the normal value, export prices and dumping margin of the product under investigation
of the exporters and producers who have stated to submit relevant evidence and materials to
MOFTEC.
Article 28    The period of investigation for an interim re view is the 12 months prior to the submission
of the application for the review.
Article 29    In case where the number of exporters and producers, the type of products or transactions
is so large that it would be unduly burdensome and thereby would impede the investigation to becompleted timely to determine a separate dumping margin to each individual exporters and producers
or to investigate all types of products or all tr ansactions, MOFTEC may use sampling method for the
investigation in accordance with provisions of the “Provisional Rules of Ministry of Foreign Trade &
Economic Cooperation for Anti-dumping Investigation by Sampling”.
Article 30    The establishment,  adjustments and comparison of normal value and the export price and
the calculation of dumping margin in the investigation of interim review shall be in conformity withprovisions of Articles 4, 5 and 6 of the “Anti-dumping Regulation of the People’s Republic of China”.
Article 31    During the investigation of interim review, where the export price is constructed on the
basis of the price at which the imported product is resold to the first independent purchaser, and where
the exporters or producers provide sufficient evidence to prove that the anti-dumping duty has beenduly reflected in the price at which the imported products are resold to the first independent purchaser
and in the price for the consequent sales in Ch ina, MOFTEC shall not deduct the amount of anti-
dumping duty paid while calculating the constructed export price.
Article 32    MOFTEC may, according to the “Provisional Rules of Ministry of Foreign Trade &
Economic Cooperation on On-the-spot Verification in Anti-dumping Investigations”, conduct an on-
the-spot verification on the accuracy and completeness of the information and materials provided by
the exporters and producers.
Article 33    Preliminary determination does not need to  be made in interim reviews. However, after
having got preliminary conclusion of the investigation, MOFTEC shall disclose facts and reasons on
which the preliminary conclusion is based in accordance with Paragraph 2 of Article 25 of the “Anti-G/ADP/N/1/CHN/2/Suppl.1
Page 43
dumping Regulation of the People’s Republic of China” and “Provisional Rules of Ministry of
Foreign Trade & Economic Cooperation on Disclosure of Information in Anti-dumping
Investigations”, and shall give no less than 10 days to the interested parties for making comments and
submitting additional information.
Article 34    The review applicant shall not withdraw its application after the preliminary conclusion
of the investigation for interim review, the facts and reasons on which such preliminary conclusion
are based have been disclosed.
Article 35    The exporter may offer a price undertaking within 15 days after the preliminary
conclusion of the investigation for interim review, the facts and reasons on which the preliminary
conclusion are based have been disclosed.
If MOFTEC decides to accept the price undertaking offered after consulting with the State Economic
and Trade Commission, MOFTEC shall, in accordance  with relevant provisions of Article 33 of the
“Anti-dumping Regulation of the People’s Republic of China”, submit a proposal to the Customs
Tariff Commission of the State Council. The Customs Tariff Commission of the State Council shallmake a decision thereof upon the proposal submitted by MOFTEC. Such decision shall be published
in the Public Notice by MOFTEC.
Article 36    The interim review shall be completed within 12 months from the date of its initiation.
Article 37    MOFTEC shall, 15 days prior to the end of the review investigation, submit a proposal to
the Customs Tariff Commission of the State Council for retaining, amending or removing the anti-
dumping duty, and shall, according to the decision made by the Customs Tariffs Commission of the
State Council, give a Public Notice before the review investigation is ended.
Article 38    During the course of interim review, the original anti-dumping measures shall remain in
force. The determination of the review shall enter into force from the date on which the Public Notice
for the determination of the review is given, without retroactive assessment.
Article 39    Where an investigation of interim review, having been applied by exporters, producers
and importers concerned one year prior to the expiration of the anti-dumping measure, is not
completed at the end of the validity of the anti-dumping measure, meanwhile, neither the domesticindustry applies for sunset review nor MOFTEC deci des to initiate such sunset review on its own
initiative, MOFTEC shall give a Public Notice to terminate the ongoing interim review and the
application of the anti-dumping measure.
Article 40   Where an interim review, having been applied by domestic industry one year prior to
expiration of the anti-dumping measures, is not completed by the expiration of the anti-dumping
measure, MOFTEC may regard it as the domestic industry has already filed an application for sunset
review, and may initiate the sunset review by giving a Public Notice. MOFTEC may combine the
interim review and sunset review and make a determination simultaneously.
Article 41    MOFTEC shall be responsible for interpretation of these Rules.
Article 42    These Rules shall enter into force from the date of 15 April 2002.
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