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Article 1. These Rules are hereby formulated by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to Moftec) to safeguard the legitimate interests of Chinese production and export enterprises, maintain the market of Chinese export commodities, and help efforts in responding to anti-dumping charges raised by foreign countries against Chinese export commodities. Article 2. Once anti-dumping charges against Chinese export commodities are raised by a foreign country, the response to these charges shall be made by: (1) Enterprises that have the right to handle foreign trade and that have exported (or re-exported) the said commodities to the country or region during the period of investigation; and (2) Enterprises that produce export products specified in Clause (1). Article 3. Chambers of importers and exporters and associations of foreign-invested enterprises (hereinafter referred to the chambers or the associations) shall organize and coordinate efforts of response to anti-dumping charges and assign special persons to take charge of the work. If the products against which anti-dumping charges are raised are produced or exported by only a small number of enterprises, the chambers or the associations can appoint any one of these enterprises to organize and coordinate efforts of response. The chambers or associations shall, however, closely follow the progress of these cases and establish necessary files. Article 4. Once anti-dumping charges are raised against a certain product, the chambers or the associations shall timely publish a notice on the International Business newspaper, and the respondents shall immediately register themselves with local foreign trade and economic cooperation bureaus at the provincial, autonomous regional, and municipal level or foreign trade and economic cooperation bureaus of cities listed separately in State plans (hereinafter referred to local foreign trade commissions) or relevant chambers or associations for making responses. Article 5. Respondents shall timely provide, required in investigation questionnaires, data and other reference materials concerning the price, production, exported quantities, and production costs of the relevant products during the period of investigation, and assign special persons to take charge of response, check, and re-examination. Article 6. Respondents shall subject themselves to the coordination and arrangements by local foreign trade commissions, the chambers, or the associations during the period of response. Article 7. The chambers or the associations shall timely inform Moftec of the titles, telephone numbers, addresses, fax numbers and contract persons of the respondents. Article 8. Respondents shall timely pay lawyers costs and relevant response fees according to the export proportions of the products under investigation during the period of investigation. Article 9. With authorization by respondents, the chambers or the associations shall take charge of the organization of responses, and can invite foreign lawyers well informed of China's situation and with comparatively strong professional abilities to handle responses. Article 10. The chambers or the associations can invite Chinese lawyers specialized in the handling of anti-dumping cases to take part in response efforts including the filling of questionnaires and preparation of relevant legal documents and evidences. Article 11. When necessary, the chambers or the associations can organize respondents to take part in hearings or specific discussions of cases held in foreign countries. They can do so, however, only after beforehand solicitation of opinions from anti-dumping departments under Moftec. Article 12. Respondents can hold negotiations and sign "price pledges" or "termination agreements" with foreign responsible departments, and implement these pledges or agreements conscientiously. Respondents shall report, at any time or regularly, their implementation of agreements to the chambers or the associations. The chambers or the associations shall supervise and check the implementation of agreements. Article 13. The chambers or the associations shall keep Moftec timely informed of the progresses of responses to anti-dumping charges and the problems that have arisen. Article 14. The chambers or the associations and respondents shall establish files for anti-dumping cases, keep all reference materials, and monitor changes in the export of each kind of export products that have been put under investigation. The chambers or the associations shall summarize responses to anti-dumping charges once every six months and report these summaries to Moftec. Article 15. The chambers or the associations shall timely put forward to Moftec suggestions, such as proposals on the imposition of export quotas or licenses, on the export management of export products which may, as evidences show, lead to anti-dumping charges and which can still be exported after such charges have been raised so as to avoid possible anti-dumping charges or renewal of anti-dumping charges. Moftec shall give priority consideration, when distributing quotas and issuing licenses, to enterprises with the right to handle foreign trade that have done a good job in controlling export prices and taken the initiative to respond to anti-dumping charges, as recommended by the chambers or the associations. Article 16. The chambers or the associations shall do a good job in market investigations and take necessary measures to prevent lodging of anti-dumping lawsuits by foreign countries. Article 17. When entrusted by the chambers or the associations to organize responses, local foreign trade commissions shall cooperate with the chambers or the associations in coordinating local efforts of response to anti-dumping charges including urging local respondents to make responses in good time and pay response costs. Under special circumstances, local foreign trade commissions can also be appointed to take charge of the organization of response efforts. Local foreign trade commissions shall also investigate to learn the reason leading to anti-dumping charges involving enterprises under their administration, analyze the influences of these charges upon their export trade, and take measures accordingly. Article 18. Chinese business organizations stationed in foreign countries shall investigate and learn the anti-dumping laws and regulations of the countries where are they stationed and investigations into and rulings on anti-dumping cases involving China, and report timely to Moftec their findings, problems that exist, and suggestions on the improvement of trade management and methods of response to anti-dumping charges. They shall timely inform Moftec and relevant chambers or associations of possible and new anti-dumping cases. These business organizations stationed in foreign countries can propose invitation of lawyers and monitor their defences. Delegations sent abroad to make responses or to take part in hearings shall subject themselves to the guidance of and timely report their work to these business organizations. Article 19. Moftec shall provide guidance to efforts across the whole country in the making of responses to anti-dumping charges, formulate and revise methods for the management of responses to anti-dumping charges, and be responsible for discussions with importing countries about the handling of anti-dumping cases so as to guarantee that Chinese export products receive just treatment. Article 20. In case any companies or enterprises that are clearly aware of the fact that anti-dumping charges have been raised against the products they manage or produce fail to take part in responses, refuse to pay lawyers' expenses or other response costs, or refuse to cooperate with the chambers or the associations, the chambers or the associations shall timely report the cases to Moftec and have the right to criticize or circulate a notice of criticism of these companies or enterprises. Article 21. Moftec shall circulate a notice of criticism of enterprises with the right to handle foreign trade if these enterprises fail to make timely responses to anti-dumping charges, refuse to pay lawyers' expenses or other response costs, or refuse to cooperate during anti-dumping investigations, deprive them of the right to apply for some or all export quotas and licenses, or take back from them part or all the right to handle foreign trade and impose fines upon them if their cases are serious. Article 22. The relevant clauses in the Rules are also applicable to investigation cases raised by foreign governments in line with "anti- subsidization, "market disturbance," "protective measure," and other laws. Article 23. Moftec appoints its Department of Treaties and Laws as the department to take charge of anti-dumping efforts. Article 24. The Rules shall take effect on the date of their promulgation. |
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