Anti-Dumping Regulations of the People's Republic of China (Revised in 2004)
Anti-Dumping Regulations of the People's Republic of China (Revised in 2004)
Anti-Dumping Regulations of the People's Republic of China (Revised in 2004)
(Promulgated by the Order of the State Council of PRC No. 328 on November 26, 2001 and amended in accordance with the Decision of the State Council on the Revision of the Anti-Dumping Regulations of the People's Republic of China on March 31, 2004.)
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 order in foreign trade and fair competition.
Article 2 If any product is imported by dumping into the market of the People's Republic of China and has caused material injury or threat of material injury to established domestic industries, or caused material obstruction to the establishment of domestic industries, an anti-dumping investigation should be initiated and anti-dumping measures should be taken in accordance with the provisions of these Regulations.
Chapter II Dumping and Injury
Article 3 "Dumping" means that a product is imported to the market of the People's Republic of China at the export price less than its normal value during the course of normal trade.
The Ministry of Commerce is responsible for the investigation and determination of dumping.
Article 4 The normal value of an imported product should be determined in accordance with following methods according to different cases:
1. Where there is a comparable price for the like product of the imported product in the course of normal trade in the domestic market of the exporting country (region), such comparable price should be the normal value;
2. If the like products of the imported product are not sold in the course of normal trade in the domestic market of importing country (region), or the price and the quantity of the like product can not permit a fair comparison, the normal value should be the comparable price of the like product exported to an appropriate third country (region) or the production cost plus reasonable expenses and the profit of the like products in the country (region) of origin.
If any product is not imported directly from the country (region) of origin, its normal value should be determined in accordance with Item 1 of the preceding section. However, under the circumstances that the product is merely transshipped through the exporting country, or the product is not produced in the exporting country (region), or there is no comparable price for the said product in the exporting country (region), the price of the like product in the country (region) of origin may be taken as the normal value.
Article 5 The export price of an imported product should be determined in accordance with following methods according to different cases:
1. The price actually paid or should be paid for the imported product should be taken as the export price;
2. If there is no export price for the imported product or the price is unreliable, the price fixed according to the price at which the imported product is first resold to an independent buyer is the export price. However, if the imported product is not resold to an independent buyer, or not resold according to the condition as it is imported, the export price may be determined on the basis of the reasonable price fixed by Ministry of Commerce.
Article 6 The margin that the export price of the imported product is less than the normal value is dumping margin.
The export price and normal value of the imported product should be compared fairly and reasonably according to all kinds of factors that affect price comparability.
The margin of dumping should be determined on the basis of a comparison between weighted average normal value and weighted average price of all comparable export transactions, or comparing normal value with export price on the basis of transaction by transaction.
If there is a great difference of export price among different purchasers, regions or period, and it is difficult to make comparison by the methods prescribed in the preceding section, a comparison may be made between weighted average normal value and price of single export transaction.
Article 7 "Injury" means material injury or threat of material injury to established domestic industries or material obstruction to establishing domestic industries.
Ministry of Commerce is responsible for the investigation and determination of injury. The anti-dumping investigation on injury to domestic industries involving agricultural products should be conducted by Ministry of Commerce in conjunction with the Ministry of Agriculture.
Article 8 Following factors should be examined in the determination of injury to domestic industries caused by dumping:
1. Quantity of dumped import products, including the absolute quantity of it or whether there is a great increase of the quantity relating to the production or consumption of domestic products of the same kind, or the possibility of a significant increase in dumped import products;
2. The influence of the price of dumped import products, including price deduction of dumped import products or the significant restriction or forcing down of the price of similar domestic products;
3.
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