Review of Dumping and Dumping Margin
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| Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Interim Review of Dumping and Dumping Margin Article 1 With a view to ensuring fairness, justice 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 original level 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 following 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 basis of 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. Applicant’s name, address and other relevant information; Data of domestic sales made by the applicant 12 months prior to the application; Data of exports to China made by the applicant 12 months prior to the application; All adjustments necessary for calculation of dumping margin and preliminary result of dumping margin calculation; 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 applicant requests for confidentiality treatment) and non-confidential version. 1 original application and 6 copies shall be submitted for both the confidential version 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 review shall 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 14, 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 representative 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 filed by importers shall comply with relevant provisions specified in Articles 9 and 10 of these Rules concerning application for interim reviews filed 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 materials concerning the normal value and export price specified in Article 9 of these Rules, or the exporters and producers concerned do not agree to provide 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 by the 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 the original antidumping investigation; the original applicant may, within 21 days after being notified, 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 and materials 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 additional 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 reject 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: Description of the product to be investigated; Name of exporters, producers to be investigated and name of the countries (regions) or countries (regions) of origin; Date of initiation of the review; Investigation period for review; Summary of grounds on whether dumping margin is increased or reduced, or eliminated; Time limit for interested parties to comment and to submit the relevant information; Intent of the investigating authority to carry out an on-the-spot verification; Potential result for non-cooperation by relevant interested parties. 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, shall 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 review 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 be completed timely to determine a separate dumping margin to each individual exporters and producers or to investigate all types of products or all transactions, 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 with provisions 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 been duly 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 China, 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-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 shall make 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 domestic industry applies for sunset review nor MOFTEC decides 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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