MOFCOM Decree No.3 of 2018 Rules for Anti-dumping Investigations by Questionnaires

Date: 2018-04-20 07:18:03, Source: MOFCOM , Today/Total Visits : 0/52

The Rules for Anti-dumping Investigations by Questionnaires, which have been examined and adopted during the 111th Administrative Meeting of the Ministry of Commerce on March 14, 2018, are hereby published and shall take effect as of May 4, 2018.

Minister of Commerce of PRC: Zhong Shan
April 4, 2018

Rules for Anti-dumping Investigations by Questionnaires

Article 1 The Rules are formulated in accordance with the Anti-dumping Regulations of the People's Republic of China, in order to ensure a standardized and orderly use of questionnaires in anti-dumping investigations.

Article 2 The Rules shall apply to anti-dumping investigations conducted by the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") by means of questionnaires.

Article 3 During an anti-dumping investigation, the Investigation Authority may distribute questionnaires to manufacturers and exporters of any country (region) subject to investigation, Chinese domestic manufacturers, importers, and downstream users, and other organizations and individuals that have an interest in the investigation (hereinafter referred to collectively as the "interested parties").

Article 4 An interested party shall fill out completely and accurately the questionnaire sent to it and submit corresponding evidence and materials as required by the Investigation Authority.

Article 5 Within twenty days from the date of announcement on the case-filing of anti-dumping investigation, an interested party shall register for participating in the anti-dumping investigation with the Investigation Authority according to the requirements in the announcement.

Article 6 When registering with the Investigation Authority, an interested party shall state its intention to participate in the anti-dumping investigation in writing, indicating its name, address, contact information, and contact person, and submit information according to the following requirements:

(1) A manufacturer or exporter of a country (region) being investigated shall submit information on the quantity and value of the products under investigation, which were exported by it to China during the investigation period in the anti-dumping investigation;
(2) A Chinese domestic manufacturer shall submit information on its production capacity, output, sales volume and sales amount during the investigation period;
(3) A Chinese domestic importer shall submit information on the import quantity and value of the products under investigation during the investigation period; and
(4) Other information explicitly required by the Investigation Authority.
The interested party, its legal representative, or its legally authorized person shall affix its stamp and (or) the person's signature to its registration document.

Article 7 The Investigation Authority shall publish questionnaires on its official website and notify the interested parties registered and the government of any exporting country (region) concerned within 10 working days from the registration deadline.

Article 8 Where the Investigation Authority decides to conduct an anti-dumping investigation by sampling, it may appropriately extend the deadline for sending out questionnaires.

Article 9 Where an interested party has any question regarding the questionnaire that it is to complete, it may consult with the investigator named on the questionnaire.

Where an interested party not registered submit a questionnaire answer sheet before deadline, the Investigation Authority may choose not to separately check its answer.

Article 10 A questionnaire answer sheet shall be filled out in standard Chinese characters as well as numbers and symbols conforming to national standards, and the relevant evidence and materials shall be submitted as required. All evidence and materials shall indicate their origins and sources. Where any original evidence or material is made out in a foreign language, a Chinese translation of such evidence or material shall be provided in the same format as that of the original, with the original or a photocopy thereof attached thereto.

Article 11 Any sales documents, accounting records, financial statements or other documents to be submitted according to the requirements stated on a questionnaire shall be submitted alongside the questionnaire answer sheet.

Article 12 Where an interested party copies and forwards a questionnaire to any of its associated trade company or any other company to complete an answer sheet pursuant to the requirements stated on the questionnaire, such associated company or the other company shall separately submit the questionnaire answer sheet according to the requirements stated on the questionnaire.

Article 13 A questionnaire answer sheet shall be delivered to the Investigation Authority within thirty-seven days from the date of sending out the questionnaire.

Where an interested party is unable to complete an answer sheet before deadline with justifiable reasons, it shall file a written application for extension on the submission of the answer sheet with reasons stated for such extension seven days before the submission deadline.

The Investigation Authority shall give a written reply to the application for extension four days before the expiry of the submission deadline on the basis of the actual situation of the interested party. If the Investigation Authority decides to grant an extension, such extension shall generally not exceed fourteen days.

Article 14 Where an interested party believes that there is confidential information in its questionnaire answer sheet, it shall file an application for confidential treatment, stating the reasons for such treatment.

For information requiring confidential treatment, an interested party shall provide a non-confidential summary, which includes sufficient and meaningful information to enable other interested parties to acquire a reasonable understanding of the confidential information. Where an interested party is unable to provide such non-confidential summary in special circumstances, it shall state its reasons for such inability in writing.

Article 15 The Investigation Authority shall review applications for confidential treatment. Where the reasons stated for confidentiality are not adequate, or the non-confidential summary provided fails to comply with Paragraph 2 of Article 14 hereof, or the reasons for not providing a non-confidential summary stated by an interested party are not adequate, the Investigation Authority may demand the interested party to make corrections or submit supplementary materials before a prescribed deadline.

Where an interested party fails to make corrections or submit supplementary materials within the prescribed period, or the materials corrected or supplemented fail to comply with Paragraph 2 of Article 14 hereof, the Investigation Authority may choose not to consider the information requiring confidential treatment unless such information can be proven, on the basis on any appropriate source, to be accurate.

Article 16 An interested party shall make two types of questionnaire answer sheets, one containing confidential information and one only containing non-confidential information, and respectively indicate "Confidential" and "Non-confidential" on the first page of the sheets. Square brackets ([ ]) shall be used where a non-confidential answer sheet involves confidential information, with the corresponding reference number indicated on the non-confidential summary.

Article 17 An interested party shall submit a confidential answer sheet and a non-confidential answer sheet, each with one original and two duplicate copies.

An answer sheet shall be properly bound into book form. The text of the answer sheet and the evidence and materials attached thereto shall be numbered on the page in order. The answer sheet shall include a table of contents and a list of attachments, with each attachment expressly numbered.

Article 18 An interested party answering to an questionnaire shall provide a letter of statement in compliance with the requirements on the questionnaire, to state that the information provided by it is accurate and complete, and such letter of statement shall be signed by the interested party, its legal representative, or its legally authorized person.

The Investigation Authority will not accept any questionnaire answer sheet without the attached letter of statement.

Article 19 Where an interested party is to provide a written answer and data sheet, it shall provide such on a disk or any other electronic data carrier acceptable by the Investigation Authority in compliance with the requirements on the questionnaire.

The content and format of the answer on an electronic data carrier shall be completely consistent with those of the questionnaire answer sheet. Where the data on the data sheet involve any calculation, the calculation formula shall be retained.

Article 20 An interested party shall guarantee that the electronic data carrier submitted by it does not carry any virus. If the electronic data carrier carries any virus, it shall be deemed as obstructing investigations, and the Investigation Authority shall make a ruling on the basis of the facts already obtained as well as the best information available.

Article 21 In normal circumstances, if an interested party required to answer a questionnaire refuses to provide answer on an electronic data carrier, especially transaction data and financial data on an electronic data carrier, it shall be deemed as refusing to cooperate.

Where an interested party is unable to provide an electronic data carrier, or the electronic data carrier required to be provided by these Rules causes unreasonable, additional burden to an interested party, the interested party may submit a written application to the Investigation Authority within fifteen days from the date when the questionnaire was sent out and state the reasons for its inability to provide the electronic data carrier as required. The Investigation Authority shall give a written reply on whether to grant the application within five days after the received date.

Article 22 Where an interested party is to have an authorized attorney to submit a questionnaire answer sheet on its behalf, it shall authorize a practicing Chinese lawyer to submit the questionnaire answer sheet and to deal with the relevant matters on its behalf, and shall include a valid power of attorney and a copy of a valid practicing certificate of such authorized lawyer in the answer sheet.

Article 23 The answer sheet to a questionnaire shall be delivered by mail or by hand to the address listed on the same questionnaire by 17:00 on the expiry date of submission deadline subject to the actual time of receipt by the Investigation Authority.

Article 24 The Investigation Authority may issue a supplementary questionnaire to an interested party requiring it to provide supplementary information and materials, and the interested party shall in turn submit its answer to the supplementary questionnaire according to the requirements stated on the supplementary questionnaire.

Article 25 Where an interested party fails to submit any necessary information as required within a prescribed period or significantly obstructs an investigation, the Investigation Authority may make a preliminary ruling or a final ruling based on the facts already obtained and the best information available.

Article 26 Where any information submitted by an interested party is not accepted, the Investigation Authority shall notify the interested party of the rejection, state the reasons, and offer an opportunity to provide further explanations within a reasonable period. If the Investigation Authority considers any such further explanations provided not adequate, it shall include the reasons for rejection in the ruling made.

Article 27 A "day" mentioned herein shall refer to a natural day. If a deadline falls on a Chinese statutory holiday, the deadline will then become the first day immediately after such holiday.

Article 28 The Rules shall be interpreted by the Ministry of Commerce.

Article 29 The Rules shall come into force as of May 4, 2018. The Interim Rules for Anti-dumping Investigations by Questionnaires (Order of the Ministry of Trade and Economic Cooperation [2002] No.14) shall be repealed simultaneously.

Approved by: Department of Commerce of Shandong Province Tel: +86-531-89013333

Supported by:Jinan Maocheng Information Technology Co., Ltd.

Shandong ICP Registered No. 12013505