|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| 2001101120011201The Ministry of Foreign Trade and Economic CooperationOrder of the Ministry of Foreign Economic Relations and Trade of the People's Republic of ChinaNo.5The Provisions on Responding to Actions of Antidumping of Export Products are hereby promulgated and shall enter into force on December 1, 2001.Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng October 11, 2001epdf/e00934.pdfP41export, product, anti-dumping, respond to actione00934Provisions on Responding to Actions of Antidumping of Export ProductsChapter 1 General ProvisionsArticle 1 In order to normalize the work of responding to actions of antidumping of export products, these Provisions are formulated according to the Law of the People's Republic of China on Foreign Trade and other laws and regulations.Article 2 These regulations shall apply to the early caution, action responding and review of antidumping investigation of export products, etc.Article 3 Upon the antidumping investigation of Chinese export products, all the enterprises involved in the case that, during the period of investigation, produce and export the products involved to the country or region making the investigation shall actively respond to the action, so as to safeguard the overseas market of export products of our country and to protect the legal rights and interests of themselves.Article 4 The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) shall be responsible for normalizing and directing the work of responding to the actions of antidumping of export products nationwide. The departments in charge of foreign trade and economic cooperation, import and export chambers of commerce, associations of enterprises with foreign investment of the relevant localities shall, according to their functions and duties, organize and coordinate the specific work of responding to antidumping actions.Chapter 2 Units Organizing and Coordinating the Action Responding and Their ResponsibilitiesArticle 5 The MOFTEC shall entrust various import and export chambers of commerce and associations of enterprises with foreign investment (hereinafter referred to as the units organizing action responding) to be responsible for the specific work of organizing and coordinating enterprises to respond to antidumping actions.The MOFTEC may, according to the specific circumstances of the cases, entrust other organizations or agencies that the local departments in charge of foreign trade and economic cooperation or the MOFTEC thinks appropriate to organize and coordinate the work of action responding as the units organizing action responding.The duties of the units organizing action responding shall include:1)allying with the relevant industry associations to organize action responding according to the specific circumstances of the cases;2)organizing the enterprises to retain lawyers and to participate in the hearings held by foreign investigation departments;3)assisting the enterprises in filling out the investigation questionnaires;4)assisting the enterprises in defense on the issues such as the substitute country, economic status on the market and separate adjudication;5)assisting the enterprises in accepting the on-spot check by foreign investigation departments;6)assisting the enterprises in conducting negotiations on price assuming agreements or discontinuing agreements; when it is required to sign the "price assuming agreement" or the "discontinuing agreement" in the name of the government, or it is required that the government guarantee or oversee the execution of the "price assuming agreement" or the "discontinuing agreement", the units organizing action responding shall report to the MOFTEC and shall put forward the schemes;7)making suggestions to the MOFTEC on the implementation of the principle of "who responds to the action who benefits from it";8)being responsible for the archiving of documents and materials relating to the antidumping actions;9)following, analyzing the changing situation of the export of the products against which the antidumping action is filed, reporting to the departments in charge of foreign trade and economic cooperation promptly and proposing the corresponding countermeasures and suggestions at the same time; and10)studying and deducing, and holding seminars on the problems such as the policies, laws, etc, encountered in the work of export antidumping, so as to improve the sense of action responding of the member enterprises continuously.Article 6 The implementation methods and measures for the principle of "who responds to the action who benefits from it" shall be separately formulated by the MOFTEC.Article 7 The units organizing action responding shall establish the statistic supervision system of export products, circulating information to the relevant enterprises and government departments from time to time and doing a good job in the early caution of antidumping investigation of our products by foreign countries.Article 8 The units organizing action responding shall, according to the situation of the antidumping investigation cases, promptly promulgate, in fixed or unfixed intervals, the cases of annual review and final review that will become due in that year on the International Business Daily and the International Trade and Economic News.Article 9 A unit organizing action responding shall do a good job of archiving the antidumping cases and shall submit the summary report of action responding and the suggestions on the relevant follow-up works to the MOFTEC within 30 workdays after the end of the investigation of each antidumping case in which the action responding is organized by it.Chapter 3 Procedures for Action RespondingArticle 10 A unit organizing action responding shall, after receiving the information that a case of antidumping investigation has been put on file, immediately notify the enterprises involved in the case that have been known by it, promulgate a notification on the International Business Daily and the International Trade and Economic News within 3 workdays and notify the departments in charge of foreign trade and economic cooperation of the places where the enterprises are located.Article 11 A unit organizing action responding shall promptly hold meetings to coordinate the action responding of antidumping cases, circulate the basic information of the cases, introduce the investigation procedures of antidumping cases of the country conducting the investigation, introduce the basic information of the law firms taking part in the competitive retaining and organize the competitive retaining, collect the information about the production and export status of the enterprises and initially draw up the responding strategies.Article 12 The enterprises involved in the case shall collect and arrange the data about the products involved during the period of investigation, such as the costs, the total amount of production, the domestic marketing prices, the prices and amount of export to the country conducting the investigation.Article 13 The enterprises involved in the case shall retain lawyers to act as their agents to respond to the action under the uniform coordination of the unit organizing the action responding.Article 14 The units organizing action responding shall abide by the principles of openness, justice and transparency when organizing the selection of lawyers.Article 15 Lawyers taking part in the competitive retaining shall meet the following requirements:1)understanding the economic operation mechanism of China, and having experiences in acting as an agent of Chinese enterprise to respond to antidumping investigation;2)having legal knowledge and practice experience of antidumping cases, and having good professional ethics and professional dedication;3)having not acted as the agent of the manufacturer of the country or region conducting the investigation to plea for antidumping investigation against Chinese products within 3 years before the case is put on file; and4)having the ability to render the relevant services needed by the enterprises involved in the case.Article 16 The enterprises responding to the action shall, if possible, retain the law firms to respond to the action uniformly.Article 17 If the enterprises responding to the action select and retain two or more law firms to act as their agents to respond to the same case, the unit organizing action responding shall strengthen the coordination of the work of the law firms in the aspects such as organizing the enterprises to answer the investigation questionnaires, carrying out the on-spot check, providing defense materials on industry damages, etc.Article 18 When selecting and retaining lawyers for the following cases, the units organizing action responding and the enterprises responding to the action shall seek opinions of the MOFTEC in advance:1)the export sum of the products involved in the case during the period of investigation is more than 50,000,000 US dollars;2)the products involved in the case are influential to the export industry of China, such as the traditional staple products, the highly competitive products, and the products of which the export market is sole;3)coordination is needed because a large number of enterprises are involved in the case or the situation of the case is complicated; and4)cases that the MOFTEC regards necessary to coordinate uniformly.Article 19 After the enterprises responding to the action sign written retaining agreements with the lawyers retained, the unit organizing action responding shall notify the MOFTEC of the information of the lawyers retained.Article 20 A unit organizing action responding shall cooperate with the lawyers retained closely, follow up the development of the case, and report to the MOFTEC and the economic and business counselor departments (offices) of the embassy and consulate of China stationed in the country or region conducting the investigation.Article 21 A unit organizing action responding may organize the enterprises responding to the action to participate in the hearings of antidumping investigation held abroad or to conduct case negotiations.Article 22 A unit organizing action responding shall report to the MOFTEC for approval if it wishes to organize the enterprises to participate in the hearings. The documents submitted for approval shall include the following contents:1)basic information of the case;2)work schemes;3)specific time and place of the hearing;4)composition of the members that are going to participate in the hearing and the estimated time they will stay abroad; and5)copy of invitation letter from the foreign country.Article 23 A unit organizing action responding shall, within 3 workdays after being approved to participate in the hearing of antidumping case held abroad, notify the embassy and consulate of China stationed in the country or region conducting the investigation of it. The unit organizing action responding shall invite the officers of the embassy and consulate of China stationed in the country or region conducting the investigation to participate in the hearing, and shall accept the direction of the embassy and consulate and report the work development during the period of the hearing. And it shall report to the embassy, consulate and the MOFTEC if any major problem arises.Article 24 A unit organizing action responding shall, within 10 workdays after returning back to China from the hearing, submit the summary report and the next-step work scheme to the MOFTEC.Chapter 4 Government Directions on the Work of Antidumping Action RespondingArticle 25 The functions and duties of the MOFTEC in the antidumping action responding are as follows:1)studying the cases having significant impact on the whole nation, and drafting the guidelines, policies and measures for the action responding;2)negotiating with the government of the country or region conducting the investigation on foreign discriminatory policies and practices;3)being responsible for establishing and improving the early caution mechanism of antidumping case, planning and coordinating the cases uniformly, and carrying out separate negotiation of each case;4)being responsible for coordinating with the relevant ministries and their industrial associations in the process of antidumping action responding;5)drawing up means for protecting export order and strengthening export administration, studying and determining the punishment measures for acts of low-price export;6)implementing the measures relating to the principle of "who responds to the action who benefits from it" according to the relevant provisions; and7)other matters.Article 26 The functions and duties of the economic and business counselor departments (offices) of the embassies and consulates stationed abroad are as follows:1)promptly collecting the information of the formulation and amendment of laws and regulations on antidumping against China by foreign countries;2)paying close attention to the development of antidumping cases against China by foreign counties that might newly happen, and promptly notify the MOFTEC and the relevant units organizing action responding of it;3)promptly collecting the information of the investigation and adjudication of the antidumping cases involving China;4)assisting the lawyers retained in the country or region conducting the investigation in their defense work; and5)directing the work of the unit organizing action responding who participates in the hearing held in the country or region conducting the investigation and providing the necessary services.Article 27 The departments in charge of foreign trade and economic cooperation of the localities shall assign special agencies and personnel to be responsible for the work of antidumping action responding, the specific functions and duties of the special agencies and personnel are as follows:1)cooperating with the import and export chambers of commerce and associations in their work of organizing antidumping action responding, especially, mobilize the enterprises involved in the case of their respective localities to respond to the action actively;2)exercising the functions and duties of the unit organizing action responding after accepting the entrustment of the MOFTEC;3)doing a good job in the early caution of antidumping of export products within the areas under their administration;4)doing a good job in the statistics of the antidumping cases of the enterprises of their respective localities and the analysis of the impact on the export trade of their respective localities; and5)publicizing and spreading the knowledge of antidumping to the enterprises of their respective localities, and organizing the enterprises to exchange their experiences in antidumping action responding so as to improve the quality of action responding.Chapter 5 Supplementary ProvisionsArticle 28 These Provisions shall be referred to in the action responding of the investigation cases such as anti-subsidy investigation, market disturbing investigation, guarantee measures investigation conducted to the products of China by foreign countries.Article 29 The power to interpret these Provisions shall remain with the MOFTEC.Article 30 These Provisions shall come into force on the day of promulgation.The Provisions on Responding to Actions of Antidumping against Chinese Export Products Occurring Abroad (Decree [1994] No.1 of the Ministry of Foreign Trade and Economic Cooperation), the Several Provisions on Import and Export Chambers of Commerce and Enterprises with Foreign Investment Associations Organizing Groups to Participating in Hearings of Antidumping Action Held Abroad (FaFa [1995] No.223 of the Ministry of Foreign Trade and Economic Cooperation), and the Interim Provisions on Retaining Lawyers in the Actions of Export Antidumping (FaFa [1995] No.380 of the Ministry of Foreign Trade and Economic Cooperation) shall be nullified simultaneously. |
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/portaoaoep746