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Provisions on Response to Anti-dumping Cases of Export Products

Provisions on Response to Anti-dumping Cases of Export Products

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  • Time of issue:2020-07-29
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(Summary description)Article 1 In order to do a good job in responding to anti-dumping cases initiated by foreign countries against Chinese export products, and to safeguard the legitimate rights and interests of enterprises, these regulations are formulated in accordance with the "Foreign Trade Law of the People's Republic of China" and the "Regulations of the People's Republic of China on Administration of Import and Export of Goods" .

Provisions on Response to Anti-dumping Cases of Export Products

(Summary description)Article 1 In order to do a good job in responding to anti-dumping cases initiated by foreign countries against Chinese export products, and to safeguard the legitimate rights and interests of enterprises, these regulations are formulated in accordance with the "Foreign Trade Law of the People's Republic of China" and the "Regulations of the People's Republic of China on Administration of Import and Export of Goods" .

  • Categories:Industry News
  • Author:
  • Origin:
  • Time of issue:2020-07-29
  • Views:0
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Provisions on Response to Anti-dumping Cases of Export Products

Article 1 In order to do a good job in responding to anti-dumping cases initiated by foreign countries against Chinese export products, and to safeguard the legitimate rights and interests of enterprises, these regulations are formulated in accordance with the "Foreign Trade Law of the People's Republic of China" and the "Regulations of the People's Republic of China on Administration of Import and Export of Goods" .

Article 2 These regulations apply to the work of responding to anti-dumping cases initiated against Chinese export products, including new case investigations, reexamination investigations, anti-absorption investigations, anti-circumvention investigations, etc.

Article 3 During the investigation period of an anti-dumping case, enterprises that produce and export the products involved in the case to the country or region under investigation shall actively respond to the  suit.

Article 4 Industry organizations such as the Chamber of Commerce of Importers and Exporters shall strengthen industry self-discipline, maintain the order of industry operations, be responsible for industry coordination in response to anti-dumping cases, and promote member companies to respond to foreign anti-dumping cases.

Article 5 The Ministry of Commerce may formulate policies and measures to promote the response to anti-dumping cases.

Article 6 The Ministry of Commerce shall promptly publish information related to anti-dumping investigations or responding to anti-dumping cases, and local competent commercial authorities and industry organizations shall immediately notify the enterprises involved in the case after obtaining relevant information.

The information specified in the preceding paragraph mainly includes:

(1) Information on the initiation of new investigations into anti-dumping cases;

(2) Information on the initiation of review and investigation of anti-dumping cases;

(3) Information about the initiation of anti-dumping investigations such as anti-absorption and anti-circumvention;

(4) Other information that has a major impact on the work of responding to the case.

Article 7 After obtaining information about the possibility of initiating a new investigation into an anti-dumping case, the industry organization shall, based on the export situation of the products involved, make preparations for responding to the case and coordination.

Article 8: Enterprises shall regulate export behaviors in accordance with the law, maintain the export order of the industry, do a good job in collecting and sorting out information on anti-dumping cases, and report to industry organizations in a timely manner.

Article 9 The enterprises involved in the respondent have the following rights:

(1) Decide how to respond to the suit;

(2) Independently select and hire lawyers;

(3) Obtain information from industry organizations on the overall progress of the investigation of the case and the status of other companies' response to suits;

(4) Obtain guidance and assistance from industry organizations in responding to litigation;

(5) In response to the discriminatory practices of anti-dumping investigation agencies, etc., provide the government with response opinions or suggestions.

Article 10 The responding enterprise shall not engage in any activity that may affect the lawful rights and interests of other responding enterprises, and shall not engage in any activity that may affect the overall responding work of the industry.

Article 11: Industry organizations shall organize regular training on anti-dumping legal knowledge, and may set up special funds from membership fees to promote member companies to respond to suits.

Article 12 The main responsibilities of industry organizations in coordinating anti-dumping cases are as follows:

(1) Establish an export commodity statistical supervision system and a trade remedy case information collection and feedback mechanism;

(2) In accordance with the requirements of the responding enterprise, assist in the defense of technical issues such as surrogate country, market economy status and separate rulings, and on-site inspections by foreign investigative agencies;

(3) Organizing the responding enterprises to participate in hearings, and conducting consultations and negotiations with foreign investigation agencies and relevant industry organizations or enterprises;

(4) Provide assistance in relation to the negotiation of price commitment agreements in accordance with the requirements of the responding enterprise;

If it is necessary to sign a "price commitment agreement" or "suspension agreement" in the name of the government, a proposal can be made to the Ministry of Commerce;

(5) Assist the responding enterprise to seek judicial relief in the investigating country or region regarding the results of the anti-dumping ruling;

(6) Providing lawyer information services and establishing a lawyer information database;

(7) Information on administrative review cases that are due each year and other information should be published regularly on the International Business Daily and the website of the unit;

(8) Other tasks requiring coordination by industry organizations.

Article 13 The industry organization shall, in accordance with the provisions of Article 12, formulate and publish the operating procedures for the coordination of the industry organization’s response to suits.

Article 14: According to the requirements of the responding enterprise, if the industry organization uniformly coordinates the hiring of lawyers, it shall follow the principles of openness, fairness and transparency, and select the best lawyers.

When the responding enterprise selects and hires lawyers to represent the same case by two or more law firms, the industry organization shall coordinate the work of the various law firms throughout the process of responding to the suit, so as to ensure the effect of the overall response to the industry.

Article 15 Lawyers and law firms that have represented enterprises from the investigating country or region within 3 years before the anti-dumping case is filed, and apply to initiate trade remedy investigations against Chinese products shall not participate in lawyer competition.

The industry organization shall notify the responding company to the lawyers and law firms that have seriously affected or harmed the interests of our company and the industry in the act of agency.

Article 16 Industry organizations should consult the Ministry of Commerce for the coordination of the following cases:

(1) The export value of the product involved in the case was relatively large during the investigation period;

(2) The product involved in the case has a large market share in the country or region under investigation and has a greater impact;

(3) Industry organizations cannot reach a consensus on organizing and coordinating the response work, which may affect the outcome of the case response;

(4) The investigation agency implements discriminatory policies and investigation methods against our company;

(5) Other important cases that need to be consulted.

Article 17 The local competent commerce department shall do a good job in the statistical work of anti-dumping cases involving enterprises in the region, establish an information reporting system, and evaluate the impact of foreign anti-dumping on the export trade of the region; regularly organize training on anti-dumping legal knowledge, based on the actual situation in the region. Formulate policies and measures to promote the response to anti-dumping cases; coordinate the response of enterprises involved in the case in response to the requirements of industry organizations.

Article 18 All embassies (consulates) and economic and commercial offices (offices) of missions abroad shall promptly track and collect foreign anti-dumping legislation revisions, anti-dumping case filing or review developments and related information.

Article 19 The Ministry of Commerce is responsible for the interpretation of these regulations.

Article 20 These regulations shall be implemented from August 14, 2006. The Provisions on Response to Anti-dumping of Export Products (Order No. 5 of the Ministry of Foreign Trade and Economic Cooperation [2001]) shall be repealed simultaneously

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