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Provisions On Investigation Of Industrial Injury Caused By Anti-Dumping (Draft For Comment)

2013/12/19 14:09:00 30

Antidumping Industry Damage Investigation Regulation

Chapter I General Provisions 
 1, in order to regulate the investigation of industrial injury caused by anti-dumping, the provisions are formulated in accordance with the anti dumping regulations of the People's Republic of China (hereinafter referred to as the anti dumping regulations). 
 second applicable activities related to anti-dumping industrial injury investigation under the anti-dumping regulations shall be governed by these provisions. 
 Third the Ministry of Commerce of the People's Republic of China (hereinafter referred to as the Ministry of Commerce) is responsible for the investigation of anti-dumping industrial injury. The investigation of industrial injury caused by anti-dumping involving agricultural products is carried out jointly by the Ministry of Commerce and the Ministry of agriculture. 
 second chapter < a href= "http://sjfzxm.com/news/index_q.asp > > damage > /a > identification /p >
 Fourth damage refers to the fact that dumping causes substantial damage to the established domestic industry or poses a threat of material injury or a real obstacle to the establishment of domestic industry. 
 substance damage refers to the damage that cannot be ignored in the domestic industry. 
 the threat of material damage means that the domestic industry has not yet caused substantial damage, but there is evidence that if no measures are taken, the real damage to the domestic industry will be obviously foreseeable and impending. 
 substantive obstacles do not cause substantial damage or substantial damage to domestic industries, but seriously hamper the establishment of domestic industries. 
 fifth, when determining the damage to domestic industry caused by dumped imports, the following items shall be examined: 
 (1) the quantity of dumped imports and the effect of dumped imports on the prices of similar products in domestic industries; 
 (two) dumping, < a href= "http://sjfzxm.com/news/index_q.asp" > Import < /a > the impact of products on domestic industry. 
 sixth, the examination of the quantity of dumped imports should consider whether the absolute quantity of dumped imports increases substantially, or whether the quantity of production or consumption of domestic similar products increases substantially. 
 to examine the impact of dumped imports on the prices of similar products in China, we should consider whether the dumping price of imported products is substantially lower than the prices of similar products in China, or whether dumping of imported products will substantially reduce the prices of domestic similar products, or to a large extent, restrain the growth of domestic similar products. 
One or more of the factors above P may not play a decisive role. 
 seventh the dumping of imported products from two or more countries (regions) while accepting anti-dumping investigations, and meeting the following requirements, the Ministry of Commerce may make a cumulative assessment of the impact of dumping of imported products on domestic industries: 
 (1) the dumping margin of dumping imports from every country (region) is not less than 2%, and its import volume is not negligible; 
 (two) it is appropriate to make a cumulative assessment based on the competitive conditions between dumped imports and between the dumped imports and domestic similar products. 
 the "negligible" mentioned in the preceding paragraph means that the number of dumped imports from a country (region) accounts for less than 3% of the total import volume of similar products. However, the total import volume of countries below 3% is less than 7% of the total imports of similar products. 
 eighth, the examination of the impact of dumped imports on domestic industry should include the assessment of all relevant economic factors and indicators affecting the domestic industry, including, but not limited to, actual or potential decline in sales, profits, output, market share, productivity, investment income or equipment utilization rate; factors affecting domestic prices; magnitude of dumping margin; cash flow, inventory, employment, wages, industrial growth, financing capacity or investment received actual or potential negative effects. 
One or more of the factors above P may not play a decisive role. 
 ninth, we must prove that the dumping import products have caused fourth damages to the domestic industry through the influence of the sixth and seventh rules of this regulation. The causality between dumping imports and domestic industries should be proved on the basis of all relevant evidence. At the same time, we should also examine other known factors that cause damage to domestic industries besides dumping imported products, and we should not attribute the damage caused by these other factors to dumped imports. 
Other known factors above P can include but are not limited to the quantity and price of imported products not sold at dumping prices, the decrease of demand or the change of consumption patterns, the practice of restricting trade between foreign and domestic producers, the competition among them, the development of technology, and the export performance and productivity of domestic products. 
 tenth the threat of material damage should be judged according to the situation which is obviously foreseeable and impending. If no measures are taken, substantial damage will happen. The determination of the threat of material damage should be based on facts and not only based on accusation, speculation or minimal possibility. 
 determining the threat of material damage should be considered in particular, but not limited to the following factors: 
 (1) the large increase rate of dumping import products entering the domestic market indicates the possibility of substantial increase in imports; 
 (two) the ability of exporters to be fully free to use or is about to increase substantially indicates the possibility of dumping products entering the domestic market in real terms. At the same time, consider whether there is any other export market to absorb any additional exports; 
 (three) import products are importing products that will substantially reduce or inhibit the prices of similar products in China, and may lead to an increase in demand for imported products; 
 (four) inventory of the products under investigation. 
The above factors should be considered as a whole. Any factor itself may not play a decisive role in P. {page_break} 
 eleventh determines the real obstacles to the establishment of domestic industry. Besides eighth factors, it should also be examined but not limited to the following factors: 
 (1) the establishment or preparation of domestic industry; 
 (two) the growth of domestic demand and its impact; 
 (three) the influence of dumped imports on the domestic market situation; 
 (four) < a href= "http://sjfzxm.com/news/index_q.asp" > dumping < /a > the follow-up production capacity of imported products and the development trend in the domestic market. 
 twelfth similar products refer to the same products as dumped imports; those without the same products are similar products with the most similar characteristics to those of dumped imports. 
 thirteenth when determining similar products, the following factors can be considered: physical characteristics, chemical properties, production equipment and processes, product uses, product substitutability, consumer evaluation, sales channels, prices, etc. 
The influence of dumping products of P > fourteenth on domestic industry should be evaluated separately based on the production of similar products in China. If the standards of production and production, such as sales and profit, can not be evaluated separately for the production of similar products in the country, it can be determined according to the production of the narrowest product group or product range including the domestic similar products, provided that the product group or product range can provide the necessary information. 
 fifteenth domestic industry refers to all the producers of similar products in China, or the producers whose total output accounts for the main part of the total output of similar products in China. However, domestic producers are related to export operators or import operators, or they are imported operators of dumped products, which can be excluded from domestic industries. The term "association" mentioned in the preceding paragraph means that one party directly or indirectly controls the other party, or the two parties are directly or indirectly controlled by the third party, or both parties directly or indirectly control the third party. However, they should have reason to believe or suspect that the consequences of this relationship make the related producer behavior different from the unrelated producer. For the purposes of this paragraph, if a party is legally or in business in a position to restrict or direct the other party's status, the former shall be regarded as controlling the latter, .
 sixteenth when determining a separate industry in the regional market, the following factors should be considered: 
(P) (1) producers sell all or almost all the same products produced in the regional market; 
 (two) the demand for the market in the region is not supplied by most of the producers of similar products other than the rest of the country; in such cases, it may be considered to be harmful, even if the main parts of all domestic industries are not damaged, as long as dumping imports are concentrated into the regional market and dumping imports are causing damage to the producers of all or almost all products in the regional market. 
The industrial injury investigation period of seventeenth antidumping cases is usually three to five years before the start of the investigation, except for three years. 
 > third chapter industrial injury investigation 
 eighteenth all interested parties should apply for participation in the activities of industrial injury investigation, and apply to the Ministry of Commerce for industrial injury investigation within 20 days from the date of filing the announcement of the anti-dumping investigation. Meanwhile, the production capacity, output, inventory and construction and expansion plans for the production of the investigated products or similar products should be provided according to the requirements. The quantity and amount of the products being investigated for export to China and the quantity and amount of the imported products will be imported. 
 nineteenth interested parties include the following areas: 
(P) (1) the foreign (regional) producers, exporters, domestic importers, or most members of the products under investigation are the trade organizations or other organizations of the producers, exporters and importers of the products; 
 (two) the government of the exporting country (region); 
 (three) the producers, operators or most members of similar products in China are the industry organizations or other organizations of the producers and operators of the products; 
 (four) others. 
 twentieth interested parties should participate in the investigation activities and issue relevant identity certificates. If an interested party is an enterprise or any other organization, it shall issue a certificate of registration, such as a business license, and an identity certificate of the legal representative. 
 agent's agent's participation in investigation activities shall issue the agent's identity certificate and letter of attorney. If a lawyer is appointed as an agent, he shall entrust a Chinese law firm and a practicing lawyer in China, and shall issue a letter of attorney, a letter of appointment from a law firm, a business license of a law firm, and a lawyer's practice certificate. 
 twenty-first the Ministry of Commerce conducts investigation on industrial injury by questionnaires, sampling, hearing, technical appraisal and field verification. 
 twenty-second questionnaires issued by the Ministry of Commerce to interested parties include domestic producer questionnaire, domestic import operator questionnaire, foreign producer, foreign export operator questionnaire or other types of questionnaires. 
 twenty-third stakeholders should return the answer according to the way and time provided by the questionnaire. In case of delay, a written application shall be submitted to the Ministry of Commerce 7 days before the deadline of the reply. The Ministry of commerce should make a decision whether to agree to the extension before the deadline of the answer and inform the interested party. 
 twenty-fourth, the Ministry of commerce can conduct on-site inspections of interested parties. Prior to site verification, the interested parties shall be notified in advance of the main purpose and contents of the verification. 
 twenty-fifth, where the request of the interested party or according to the need for investigation, the Ministry of Commerce may send personnel to the country (region) to check the production capacity, investment expansion, inventory, original production, re export and related relationship between the enterprises, except those with objections from the state (region). 
 twenty-sixth the Ministry of Commerce may require interested parties to submit or supplement written materials in accordance with relevant regulations, and interested parties may also submit written materials to the Ministry of Commerce on their own initiative. 
 twenty-seventh, where the request of the interested party or the Ministry of Commerce considers it necessary, an industrial injury hearing can be held. 
 twenty-eighth, when carrying out industrial injury investigation, the Ministry of commerce should provide the users and consumers of dumped imports with the opportunity to make representations and submit evidence. 
 twenty-ninth interested parties who take part in the industrial injury investigation activities believe that the information and relevant evidence they need to keep confidential, they may apply to the Ministry of Commerce for secrecy and explain their reasons. If the Ministry of Commerce considers that the reasons for confidentiality are justified, the relevant information should be kept confidential. 
 if the Ministry of Commerce considers that the confidential request of the interested party is not justified, it may require the interested party to cancel the application for secrecy. If the interested parties providing information do not wish to disclose information or authorize the disclosure of the information in a summary or summary form, the Ministry of Commerce may not consider this information unless the Ministry of commerce can fully confirm that the information is correct from other appropriate sources. 
 thirtieth parties applying for confidentiality shall submit confidential information to the Ministry of Commerce on the basis of confidential information submitted, or submit confidential and open texts of the information respectively. Non confidential outline and open text should reasonably express the substance of confidential information. 
 the interested parties who participate in the industrial injury investigation activities do not provide confidential or open texts of information and related evidence, or the non confidential outline or open text provided can not reasonably express the substance of the confidential information, and can not explain the unreasonable reasons for failing to provide unclassified synopsis or open texts according to the requirements. The Ministry of Commerce may request it to supplement or correct relevant contents. 
 thirty-first in the process of industrial injury investigation, interested parties who participate in the activities of industrial injury investigation shall truthfully provide relevant information and evidence. If the interested parties fail to provide relevant information and evidence, or do not provide the necessary information within a reasonable time, or seriously obstruct the investigation by other means, the MOFCOM may make a ruling based on the facts already obtained and the best information available. 
 thirty-second, the Ministry of Commerce considers it necessary to invite experts from relevant industries, accounting, economic and trade, and law to provide advice. The relevant experts shall have no conflict of interest with the interested parties and bear corresponding secrecy liability. 
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 thirty-third interested parties participating in the industrial injury investigation activities shall submit 3 copies of the original Chinese in 3 copies when they submit any documents and evidence materials to the Ministry of Commerce, and submit the corresponding electronic texts (CD-ROM or other general storage media) in duplicate. 
 thirty-fourth the Ministry of Commerce's industrial injury investigation should use the general language and characters of People's Republic of China. Any document, information and information provided by the interested parties shall be the general language and text. Non generic language data should be submitted to the standard Chinese character spanlation and the original text, and the spanlation shall prevail. Non generic language data, if not spanlated, will not be regarded as valid and lawful evidence material. 
 thirty-fifth, the Ministry of commerce is responsible for the interpretation of this provision. 
 thirty-sixth, these Regulations shall come into force 30 days after the date of promulgation.