Laws of the People's Republic of China

No. 12

The Provisions on Responding to Antidumping Cases concerning Export Products have been deliberated and adopted at the fifth executive meeting of the Ministry of Commerce as of May 17, 2006. They are hereby promulgated and shall enter into force as of August 14, 2006. The Provisions on Responding to Antidumping Actions of Export Products (Wai Jing Mao Bu Ling [2001] No. 5) shall be simultaneously abolished. Minister of the Ministry of Commerce Bo Xilai

July 14, 2006

Provisions on Responding to Antidumping Cases concerning Export Products

Article 1

In order to do a good job in responding to the antidumping cases launched by foreign countries against the export goods of China and safeguard the justifiable rights and interests of the enterprises, the present Provisions are hereby instituted in accordance with the Foreign Trade Law of the People's Republic of China and the Regulation of the People's Republic of China on the Administration of the Import and Export of Goods.

Article 2

The present Provisions shall apply to the responding work to antidumping cases launched against the export goods of China, including investigation of the new case placed on file, review investigation, anti-absorption investigation and anti-circumvention investigation, etc.

Article 3

Those enterprises that have produced and exported the products involved to the investigation country or region during the investigation period of an anti-dumping case shall actively respond to the action.

Article 4

The import and export chamber of commerce and other industrial organizations shall, in accordance with their respective articles of association, intensify the industrial self-discipline, maintain the industrial operation order, take charge of the industrial coordination of the responding work to anti-dumping cases, and promote their member enterprises to respond to the anti-dumping cases launched by foreign countries.

Article 5

The Ministry of Commerce may institute the policies and measures concerning promoting the responding work to the anti-dumping cases.

Article 6

The Ministry of Commerce shall, timely publicize the relevant information about the investigation of anti-dumping cases or the responding work to actions, and the local competent commercial departments and industrial organizations shall, after obtaining the relevant information, notify the information to the enterprises involved immediately.

The information prescribed in the preceding Paragraph shall mainly include the following:

(1)

the information relevant to launching an investigation of a new case placed on file in the anti-dumping case;

(2)

the information relevant to launching a review investigation in the anti-dumping case;

(3)

the information relevant to launching anti-absorption and anti-circumvention investigation in the anti-dumping case; and

(4)

other information which has significant effects on the responding work to action.

Article 7

After obtaining the information relevant to launching an investigation on a new case placed on file in the anti-dumping case, an industrial organization shall make coordinate preparations for the responding work to action in accordance with the export conditions of the products involved.

Article 8

An enterprise shall regulate its exportation according to law, safeguard the industrial export order, do a good job in the collection and sort-out of the information about anti-dumping cases, and report the information to the industrial organization in time.

Article 9

The enterprises involved which will participate in the responding work to action shall enjoy the rights below:

(1)

to decide the way of responding to action;

(2)

to select lawyers by themselves;

(3)

to obtain the information about the overall progress in the investigation of the case and the conditions on responding to action by other enterprises, etc. from the industrial organization;

(4)

to obtain the guidance and assistance from the industrial organization in connection with the responding work to action; and

(5)

to put forward corresponding opinions or suggestions if there is any discriminatory act in the investigation organ of an anti-dumping case.

Article 10

An enterprise which has responded to an action shall not engage in any activity that may affect the justifiable rights and interests of any other enterprise responding to action, nor may it engage in any activity that may affect the overall industrial work on responding to action.

Article 11

An industrial organization shall organize the trainings about the legal knowledge on anti-dumping at regular intervals, and can establish a special fund from the membership dues to promote member enterprises to respond to actions.

Article 12

Where an industrial organization coordinates the work of responding to anti-dumping cases, its main responsibilities are:

(1)

to establish a statistical supervisory system for export goods and an information collection and feedback mechanism of trade remedy cases;

(2)

to assist, in accordance with the request of the enterprises responding to an action, to their defences to such technical issues as the substitute country, market economy status and separate adjudication, and the field investigations by foreign investigation organs;

(3)

to organizing the enterprises responding to an action to attend the hearings, and to consultant and negotiate with the foreign investigation organs and relevant industrial organizations or enterprises;

(4)

to assist, in accordance with the request of the enterprises responding to an action, to the relevant issues as negotiations about the price commitment agreement; and bringing forward plans and suggestions to the Ministry of Commerce if any "price commitment agreement" or "suspension agreement" needs to be signed in the name of the government;

(5)

to assist the enterprises responding to an action to seek for judicial remedies concerning the anti-dumping rulings in the investigation country or region;

(6)

to provide services about the information about lawyer , and establishing a lawyer information database;

(7)

to regularly publicize the administrative review cases that will become due in the present year and other information on the International Business Daily and its own website; and

(8)

other work which needs the coordination of the industrial organization.

Article 13

An industrial organization shall, in accordance with Article 12 , institute and promulgate the operation regulations for the coordination of the industrial organization to the responding work to action.

Article 14

Where an industrial organization has uniformly coordinated to employ the lawyers in accordance with the request of the enterprises responding to an action, it shall follow the principles of openness, fairness and transparency to select better lawyers.

Where the enterprises responding to an action employ lawyers by themselves and so there are two or more law firms who work for the same case, the industrial organization shall coordinate the work of all the said law firms during the whole process of the responding work to action, so as to ensure the effects of the whole industry on responding work to action.

Article 15

Those lawyers and law offices which have worked for the investigation country or region as agents to try for launching the investigations of trade remedy measures aiming at Chinese products within 3 years before an anti-dumping case is placed on file shall not participate in the lawyers' bidding and competition.

The industrial organization shall notify to the enterprise responding to an action of the lawyers and law offices which have ever seriously affected or damaged the interests of the enterprises or industry of China in their agency activities.

Article 16

An industrial organization shall consult the Ministry of Commerce when coordinating the responding work in the following cases:

(1)

The products involved in the case has a relatively large export amount within the investigation period;

(2)

The products involved in the case has a relatively large market share or a great effect in the investigation country or region;

(3)

Consensus about organizing coordinating the responding work to action could not be formed among industrial organizations, and which may affect the results of the responding work to the case;

(4)

The investigation organ implements discriminatory policies or investigation methods to the enterprises of China; and

(5)

Any other important case needs to consult.

Article 17

The local competent commercial departments shall do a good job in the statistical work concerning the information of the anti-dumping cases which the local enterprises are involved in, establish an information reporting system, and evaluate the effects of the anti-dumping of foreign countries against their local export trade; and regularly organize the trainings on the legal knowledge about anti-dumping, institute the policies and measures which can promote the responding work to anti-dumping cases in accordance with the actual situation of its own region; and coordinate the responding work to action by the enterprises involved within its own jurisdiction upon the request of the industrial organization.

Article 18

All the embassies (consulates) abroad and economic and commercial counselor's offices (rooms) shall timely follow up and collect the information about the revision of anti-dumping laws of foreign countries, the anti-dumping case placed on file or review developments as well as other relevant information.

Article 19

The Ministry of Commerce shall be responsible for the interpretation of the present Provisions.

Article 20

The present Provisions shall enter into force as of August 14, 2006. The Provisions on Responding to Anti-dumping Actions of Export Products (Wai Jing Mao Bu Ling [2001] No.5) shall be simultaneously abolished.