WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED
WT/ACC/CHN/45
2 July 2001
(01-3280)
Working Party on the
Accession of ChinaOriginal: English/
anglais/
inglés
COMMUNICATION FROM CHINA
In preparation for the Working Party meetings on 28 June-4 July 2001, the Chinese delegation
has submitted the following Regulations of China on Anti-dumping and Countervailing Measures.1
Groupe de travail de
l'accession de la Chine
COMMUNICATION DE LA CHINE
En vue des réunions du Groupe de travail qui auront lieu du 28 juin au 4 juillet 2001, la
délégation chinoise a communiqué la Réglementation ci-après sur les mesures antidumping et les
mesures compensatoires.1
Grupo de Trabajo sobre
la Adhesión de China
COMUNICACIÓN DE CHINA
Para preparar las reuniones del Grupo de Trabajo que se celebrarán del 28 de junio al 4 de
julio de 2001, la delegación de China ha presentado los siguientes Reglamentos de medidas
antidumping y en materia de derechos compensatorios de China.1
1In English only./En anglais seulement./En inglés solamente.WT/ACC/CHN/45
Page 2
Regulations of the People's Republic of China
on Anti-dumping and Countervailing Measures
(Promulgated by Decree No.214 of the State Council of the People's Republic of China
on 25 March 1997, and effective as of the date of promulgation)
Chapter I General Provisions
Article 1
These Regulations are formulated in accordance with the relevant provisions of the Foreign Trade
Law of the People's Republic of China for the purpose of maintaining the foreign trade order and fair
competition and protecting the related domestic industries.
Article 2
If an imported product, by adopting the form of dumping or subsidy, causes the material injury or the
threat of material injury to a related domestic industry already established or materially retards the
establishment of a related domestic industry, the anti-dumping or countervailing measures shall be
taken in accordance with the provisions of these Regulations.
Chapter II Dumping and Injury
Article 3
Dumping means that the export price of an imported product is less than its normal value.
Article 4
The normal value shall be determined according to the following methods:
(1) If the like or similar product of an imported product has the comparable price in the
market of the exporting country, the said comparable price shall be the normal value;
(2) If the like or similar product of an imported product does not have the comparable
price in the market of the exporting country, the comparable price of the said like or
similar product exported to a third country or the production cost plus reasonable
amount for expenses and for profit shall be the normal value.
Article 5
The export price shall be determined according to the following methods:
(1) If an imported product has the price actually paid or payable, the said price shall be
the export price;
(2) If an imported product does not have the price actually paid or payable or if its price
cannot be determined, the price at which the said product is first resold to an
independent purchaser or the price presumed by the Ministry of Foreign Trade and
Economic Cooperation in consultation with the General Administration of Customs
on a reasonable basis shall be the export price.WT/ACC/CHN/45
Page 3
Article 6
The difference by which the export price of an imported product is less than its normal value shall be
the margin of dumping.
A fair and reasonable comparison shall be made between the export price of an imported product and
its normal value to determine the margin of dumping.
Article 7
The injury shall include the material injury and the threat of material injury to a related domestic
industry already established and the material retardation of the establishment of a related domestic
industry which are caused by dumping.
Article 8
In determining the injury caused by dumping to a domestic industry, the following particulars shall be
checked:
(1) the volume of the dumped product, including the total volume of the dumped product
or the increment in relation to the like or similar domestic product and the possibility
of a significant increment;
(2) the price of the dumped product, including the price reduction of the dumped product
or its impact on the price of the like or similar domestic product;
(3) the impact of the dumped product on the domestic industry; and
(4) the production capacity, export capability and inventories of the country exporting the
dumped product.
Article 9
If an anti-dumping investigation involves imported products from two or more countries, the impact
of the related imported products may be assessed cumulatively.
Article 10
The domestic industry means all the producers of the like or similar product within the territory of the
People's Republic of China or the producers whose total volume of output takes up a large part of the
total volume of output of the like or similar domestic product; however, the domestic producer who is
related to the export or import operator or who itself is the import operator of the dumped product
may be excluded.
Chapter III Anti-dumping Investigation
Article 11
Any domestic producer of the like or similar product of an imported product or any organization
concerned (hereinafter referred to as the petitioner) may, in accordance with the provisions of these
Regulations, submit a written petition for an anti-dumping investigation to the Ministry of Foreign
Trade and Economic Cooperation.WT/ACC/CHN/45
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Article 12
The written petition shall contain the following particulars:
(1) names and addresses of the petitioner and of the producer whom the petitioner
represents;
(2) the name, category, serial number in the tariff schedule of the imported product as
well as the name and category of the like or similar domestic product;
(3) the volume and price of the dumped product and its impact on the domestic industry;
(4) the causal relationship between the dumping and injury; and
(5) other particulars prescribed by the Ministry of Foreign Trade and Economic
Cooperation.
The written petition shall enclose necessary evidences.
Article 13
After receiving the petitioner's written petition, the Ministry of Foreign Trade and Economic
Cooperation shall examine the petition and enclosed evidences; and after consulting with the State
Economic and Trade Commission, decide whether to file the case for investigation or not.
Article 14
If, under the special circumstances, the Ministry of Foreign Trade and Economic Cooperation has
sufficient evidences to believe that there exists the dumping and injury and the causal relationship
between them, it may, on its own, file the case for investigation after consulting with the State
Economic and Trade Commission.
Article 15
The period of an anti-dumping investigation shall be 12 months from the date of announcement of the
decision that a case is filed for investigation to the date of announcement of the final rulings, and
under the special circumstances, the period may be extended to 18 months.
Article 16
The Ministry of Foreign Trade and Economic Cooperation shall announce its decision whether a case
is filed for investigation or not and notify such interested parties as the petitioner, the known export
and import operators and the government of the exporting country.
Article 17
After deciding to file a case for investigation, the Ministry of Foreign Trade and Economic
Cooperation shall investigate the dumping and its margin jointly with the General Administration of
Customs; the State Economic and Trade Commission shall investigate the injury and its extent jointly
with the relevant departments of the State Council; the Ministry of Foreign Trade and Economic
Cooperation and the State Economic and Trade Commission shall, in accordance with the
investigation results, respectively make the preliminary rulings, which shall be announced by the
Ministry of Foreign Trade and Economic Cooperation.WT/ACC/CHN/45
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If the dumping and injury are affirmed upon the preliminary rulings, further investigation on the
dumping, the margin of dumping, the injury and the extent of injury shall be carried out in accordance
with the provisions of the preceding paragraph; the Ministry of Foreign Trade and Economic
Cooperation and the State Economic and Trade Commission shall, in accordance with the further
investigation results, respectively make the final rulings, which shall be announced by the Ministry of
Foreign Trade and Economic Cooperation.
Article 18
Under one of the following circumstances, an anti-dumping investigation shall be terminated and the
Ministry of Foreign Trade and Economic Cooperation shall announce it:
(1) The petitioner withdraws the petition;
(2) There exists no dumping and injury upon the preliminary rulings;
(3) There exists no dumping and injury upon the final rulings; or
(4) The margin of dumping or the import volume of the dumped product may be
neglected.
Article 19
In conducting the investigation, the Ministry of Foreign Trade and Economic Cooperation jointly with
the General Administration of Customs, and the State Economic and Trade Commission jointly with
the relevant departments of the State Council, may distribute investigative questionnaires to the
interested parties and make sampling investigations; and upon request by the interested parties, shall
give them the opportunity to make opinions.
When it deems necessary, the Ministry of Foreign Trade and Economic Cooperation may send staff
members to the countries concerned to conduct the investigation except that the countries concerned
raise objections.
Article 20
When the Ministry of Foreign Trade and Economic Cooperation jointly with the General
Administration of Customs, and the State Economic and Trade Commission jointly with the relevant
departments of the State Council conduct investigations, the interested parties shall truthfully explain
the situation and provide relevant materials. If they fail to do so or obstruct the investigation in other
forms, the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade
Commission may make the rulings on the basis of the existing materials.
Article 21
The Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade
Commission shall permit the petitioner and the interested parties to look up files related to the case
except for those kept confidential.
Chapter IV Anti-dumping Measures
Article 22
If dumping is affirmed upon the preliminary rulings and thus injury is caused to a domestic industry,
the following interim anti-dumping measures may be taken:
(1) to levy the interim anti-dumping duty according to the prescribed procedures;WT/ACC/CHN/45
Page 6
(2) to demand to provide the cash deposit or guaranty in any other form.
The amounts of interim anti-dumping duty and of cash deposit and guaranty in any other form shall
meet the margin of dumping determined by the preliminary rulings.
The levy of interim anti-dumping duty shall be proposed by the Ministry of Foreign Trade and
Economic Cooperation and decided on by the State Council Customs Tariff Commission. The
demand to provide cash deposit or guaranty in any other form shall be decided on by the Ministry of
Foreign Trade and Economic Cooperation.
Article 23
The decision of interim anti-dumping measures shall be announced by the Ministry of Foreign Trade
and Economic Cooperation and implemented by the Customs.
Article 24
The period for the interim anti-dumping duty shall be four months from the date of announcement of
the decision of interim anti-dumping measures; and it may be extended to nine months under the
special circumstances.
Article 25
If the export operator or the government of the exporting country of the dumped product makes a
commitment of proposed effective measures to remove the injury caused by dumping to the domestic
industry, the Ministry of Foreign Trade and Economic Cooperation may, after consulting with the
State Economic and Trade Commission, decide to suspend the anti-dumping investigation and
announce it.
The Ministry of Foreign Trade and Economic Cooperation may demand the export operator or the
government of the exporting country mentioned in the preceding paragraph to regularly provide
relevant information on the fulfilment of the commitment.
Article 26
If the export operator or the government of the exporting country of the dumped product fails to fulfill
or withdraws the commitment, the Ministry of Foreign Trade and Economic Cooperation may, after
consulting with the State Economic and Trade commission, decide to resume the anti-dumping
investigation.
Article 27
Where, upon the final rulings, dumping exists and thereby causes injury to a domestic industry, the
anti-dumping duty may be levied in accordance with the prescribed procedures and shall be
announced by the Ministry of Foreign Trade and Economic Cooperation.
The levy of anti-dumping duty shall be proposed by the Ministry of Foreign Trade and Economic
Cooperation, decided on by the State Council Customs Tariff Commission and implemented by the
Customs.
Article 28
The payer of anti-dumping duty shall be the import operator of the dumped product.WT/ACC/CHN/45
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Article 29
The amount of anti-dumping duty may not exceed the margin of dumping determined by the final
rulings.
Article 30
If the anti-dumping duty finally established is lower than the interim anti-dumping duty, the over
collected portion shall be refunded; and if the anti-dumping duty finally established is higher than the
interim anti-dumping duty, the under collected portion shall not be made up any more.
Article 31
If the anti-dumping duty is not levied by decision, the interim anti-dumping duty, the cash deposit or
guaranty in any other form collected shall be refunded.
Article 32
If the following two circumstances exist simultaneously, the State Council Customs Tariff
Commission may, upon the proposal submitted by the Ministry of Foreign Trade and Economic
Cooperation, decide to retroactively levy the anti-dumping duty on the dumped product imported
within 90 days before the announcement of the decision of interim anti-dumping measures:
(1) The dumped product has a history of dumping causing injury to a domestic industry,
or the import operator of the dumped product knows or should know that the export
operator of the said product is dumping the product and the dumping will cause injury
to a domestic industry;
(2) A large volume of import of the dumped product within a short period of time has
already caused injury to a domestic industry.
Article 33
The period for the levy of anti-dumping duty or a price commitment in accordance with the provisions
of these Regulations shall be five years. During this period, the Ministry of Foreign Trade and
Economic Cooperation may, on its own or at the request of the interested parties, reexamine the
decision on the levy of anti-dumping duty after consulting with the State Economic and Trade
Commission, and within 12 months from the date of the commencement of reexamination, submit its
proposal to the State Council Customs Tariff Commission on the modification, cancellation or
retention of the decision on the levy of anti-dumping duty, and the decision of reexamination shall be
made by the State Council Customs Tariff Commission and announced by the Ministry of Foreign
Trade and Economic Cooperation.
Article 34
The import operator of the dumped product may, if having evidences to prove that the paid amount of
anti-dumping duty exceeds the margin of dumping, apply to the Ministry of Foreign Trade and
Economic Cooperation for a refund. Upon examination and verification by the Ministry of Foreign
Trade and Economic Cooperation jointly with the General Administration of Customs, the Ministry of
Foreign Trade and Economic Cooperation shall put forth a proposal of refund, the State Council
Customs Tariff Commission shall decide thereon and the Customs shall implement the decision.WT/ACC/CHN/45
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The decision on the refund under the preceding paragraph shall be made within 18 months from the
date of receipt of the application for refund.
Article 35
The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade
Commission and the relevant departments of the State Council may take appropriate measures to
prevent evasions of anti-dumping measures.
Chapter V Special Provisions on Countervailing Measures
Article 36
Any financial aids or benefits, directly or indirectly provided by a foreign government or public
institution to an industry or enterprise, shall be the subsidy.
Article 37
These Regulations are applicable to imported products which have subsidies. However, these
Regulations are not applicable to imported products which have subsidies for the sole purpose of
industrial research and development, supporting the backward regions or environmental protection.
Article 38
The net amount of subsidy accepted by the subsidized product shall be the amount of subsidy.
The amount of subsidy shall be calculated in a fair and reasonable manner.
Article 39
The relevant provisions of Chapters II, III and IV of these Regulations shall be applicable to the injury
caused by subsidy, countervailing investigations and implementation of countervailing measures.
Chapter VI Supplementary Provisions
Article 40
Where any country or region adopts discriminatory anti-dumping or countervailing measures against
export products of the People's Republic of China, the People's Republic of China may take
corresponding measures against the said country or region in accordance with the actual
circumstances.
Article 41
The Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade
Commission may, jointly with the relevant departments of the State Council, formulate the relevant
specific measures in accordance with these Regulations.
Article 42
These Regulations shall enter into force as of the date of promulgation.
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