MOFCOM Decree No.4 of 2018 Rules for Interim Reviews of Dumping and Dumping Margin

Date: 2018-04-20 07:19:14, Source: MOFCOM, Today/Total Visits : 1/27

The Rules for Interim Reviews of Dumping and Dumping Margin, 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 Interim Reviews of Dumping and Dumping Margin

Article 1 The Rules are formulated in accordance with the Anti-dumping Regulations of the People's Republic of China, in order to ensure fairness, impartiality, and transparency in the interim review of anti-dumping measures.

Article 2 The Rules shall apply to reviews conducted by the Ministry of Commerce (the "Investigation Authorities") on the necessity of continuing the imposition of any anti-dumping measure in the previous form and at the previous level during the effective period of such anti-dumping measure, on the basis of the changes in normal value and in export price after the said anti-dumping measure takes effect (hereinafter referred to as the "interim review").

Article 3 The Investigation Authority may file a case for an interim review upon an application made by the original applicant in the case, or a natural person, legal person or any relevant organization involved in or representing a Chinese domestic industry (hereinafter collectively referred to the "domestic industry"), or an exporter or manufacturer of a country (region) involved in the case, or a Chinese domestic importer importing from a country (region) involved in the case.

The Investigation Authority may file a case for an interim review at its own discretion if there is any justifiable reason.

Article 4 An interim review application shall be made within 30 days from the expiry date of each period of 12 months since the anti-dumping measure under application takes effect.

An application for an interim review of an anti-dumping measure previously reviewed shall be made within 30 days from the expiry date of each period of 12 months since the determination of the previous review takes effect.

In special circumstances, an interim review application may be made in other times beyond the time periods prescribed in the preceding paragraphs subject to the approval of the Investigation Authority.

Article 5 An interim review application shall be made in writing and signed by the applicant, its legal representative, or its legally authorized person.

An interim review application shall be made in a confidential version (if the applicant files for confidential treatment) and a non-confidential version, with each provided in the form of written texts with one original copy and two duplicate copies. In addition to the written texts, an application shall be provided at the same time on an electronic data carrier.

Article 6 An exporter or manufacturer making an interim review application shall submit the following evidence and materials:

(1) Name, address and other relevant information of the applicant;
(2) Domestic sales data of the applicant in 12 months prior to the application;
(3) Data on the applicant's export to China in 12 months prior to the application; 
(4) Various necessary adjustments made for calculating the dumping margin, and the preliminary calculation result of the dumping margin;
(5) Reasons why any material changes in normal value, export price, and dumping margin will continue;
(6) Other information deemed by the applicant as necessary.

The materials listed in items (1) through (5) of the preceding paragraphs shall be submitted in compliance with the content and format requirements stated on the original anti-dumping investigation questionnaire.

Article 7 Where an original anti-dumping measure is to impose an anti-dumping duty, any export not subject to the anti-dumping duty shall not be used as the basis for applying for an interim review.

Article 8 The Investigation Authority shall notify the original applicant in an anti-dumping investigation case within 7 working days upon receipt of an application for an interim review of the same case filed by an exporter or manufacturer, and the original applicant may in turn give its opinions on whether the case should be filed for a review within 21 days upon receipt of the notice.

Article 9 A domestic industry making an interim review application shall submit the following evidence and materials:

(1) Name, address, and relevant information of the applicant;
(2) Changes in normal value, export price, and dumping margin as compared to the original levels prior to the imposition of the anti-dumping measure under application; and
(3) Other information deemed by the applicant necessary.

Where a domestic industry makes an interim review application, the provisions in Article 17 of the Anti-dumping Regulations of the People's Republic of China on industry representativeness shall apply, and where the original applicant in an anti-dumping investigation case makes an interim review application, it is not required to -prove the evidence on industry representativeness for a second time.

Article 10 The interim review application made by a domestic industry may be directed at all exporters or manufacturers of all or some of the countries (regions) involved in the original anti-dumping investigation, or restrict the scope of the review to some of the exporters or manufacturers as specified.

Article 11 The Investigation Authority shall deliver the non-confidential version of an interim review application and the non-confidential summary of the confidential materials therein to the government of an exporting country (region) concerned within 7 working days upon receipt of the application made by a domestic industry.

Article 12 An exporter or manufacturer may give opinions on whether the case should be filed for an interim review within 21 days from the date when the Investigation Authority submits the non-confidential text and non-confidential summary of confidential materials, of a review application made by a domestic industry, to the government of the country (region) concerned.

Article 13 An importer making an interim review application shall submit the evidence and materials that an importer or manufacturer is required to provide as prescribed by Article 6 hereof.

Article 14 Where an importer has no associated relations with an exporter or manufacturer and therefore is unable to directly provide the required evidence and materials on normal value and export price by Article 6 hereof, or an exporter or manufacturer is not willing to provide the above-mentioned evidence and materials to the importer, the importer shall provide a statements issued by the exporter or manufacturer, expressly stating that the dumping margin in question has been reduced or eliminated and the relevant evidence and materials in compliance with the content and format requirements will be directly submitted to the Investigation Authority within 30 days from the date of the interim review application made by the importer.

Article 15 The evidence and materials provided by an exporter or manufacturers under Article 14 hereof shall comply with Paragraph 2 of Article 5 hereof.

Article 16 The Investigation Authority shall notify the original applicant in an anti-dumping investigation case within 7 working days upon receipt of an application for an interim review of the case filed by an importer, and the original applicant may in turn give opinions on whether the case should be filed for an interim review within 21 days upon receipt of such notice.

Article 17 The Investigation Authority shall in general make a decision on whether or not to file a case for an interim review within 60 days upon receipt of the application for an interim review of the case.

Article 18 Where it is found by the Investigation Authority upon examination that, an interim review application or its attached evidence and materials fails to meet the requirements of the Rules, it may require the applicant to make corrections or submit supplementary materials before a prescribed deadline. If the applicant fails to do so before the deadline or the corrected or supplemented documents still fail to meet the requirements of the Rules, the Investigation Authority may reject the application and notify the applicant of the rejection in writing, stating reasons.

Article 19 Where the Investigation Authority decides to file a case for an interim review, it shall issue a public announcement, which shall contain the following:

(1) Description of the products under investigation;
(2) Name of any exporter or manufacturer under investigation and its native country (region);
(3) Date of filing the case for an interim review;
(4) Period of the review investigation;
(5) Summary of the basis for alleging an increase, reduction or elimination of dumping margin;
(6) Deadlines for expression of opinions and submission of relevant materials by interested parties;
(7) Intent of the Investigation Authority to conduct an on-site verification inspection;
(8) Consequences to be borne by interested parties that refuse to cooperate; and
(9) Contact information of the Investigation Authority.

Article 20 Where an exporter or manufacturers makes an interim review application, the Investigation Authority will conduct an investigation only into the normal value, export price and dumping margin of the product under investigation exported or manufactured by the exporter or manufacturer.

Article 21 Where a domestic industry makes an interim review application, the Investigation Authority shall conduct an investigation into the normal value, export price and dumping margin of the product under investigation exported or manufactured by all exporters or manufacturers of the country (region) against which the application is filed.

Where a domestic industry makes an interim review only against certain individual exporters or manufacturers of a country (region) involved in the original anti-dumping investigation, the Investigation Authority shall conduct an investigation only into the normal value, export price and dumping margin of the product under investigation exported or manufactured by such individual exporters or manufacturers as specified.

Where the dumping margin is determined to be zero or de minimis in the original anti-dumping investigation, the Investigation Authority shall not launch a review investigation but may launch the other anti-dumping investigation into the case according to the law. Where a review investigation determines the dumping margin to be zero or de minimis, there can still be a review investigation into the case.

Article 22 Where an importer makes an interim review application, the Investigation Authority shall conduct an investigation only into the normal value, export price, and dumping margin of the product under investigation exported or manufactured by any exporter or manufacturer that has stated that it will submit to the Investigation Authority the relevant evidence and materials.

Article 23 The period to be investigated in an interim review shall be 12 months prior to the submission of the interim review application.

Article 24 Where a large number of importers or manufacturers or too many product models are involved, which imposes undue burdens on, and hinders the timely conclusion of an anti-dumping investigation if the dumping margin of each importer or manufacturer is to be separately determined or all the models or transactions are to be investigated, the Investigation Authority may conduct an investigation by sampling in accordance with the relevant rules for anti-dumping investigations by sampling.

Article 25 The determination, adjustment, and comparison of normal values and export prices and the computation of dumping margins in an interim review investigation shall comply with Articles 4 through 6 of the Anti-dumping Regulations of the People's Republic of China.

Article 26 In an interim review investigation, the export price shall be constructed based on the price at which the imported product is first resold to an independent buyer. If an exporter or manufacturer provides sufficient evidence to prove that an anti-dumping duty has been properly reflected in the price at which the imported product is first resold to an independent buyer as well as the subsequent selling price of the product in China, the Investigation Authority shall not deduct an anti-dumping duty already paid when calculating and constructing the export price.

Article 27 The Investigation Authority may conduct an on-site verification of the accuracy and integrity of the relevant information and materials provided by an importer or manufacturer in accordance with the relevant rules for on-site verification in anti-dumping investigations.

Article 28 A preliminary ruling is not required in an interim review, but before making a final ruling, the Investigation Authority shall disclose the basic facts which are being taken into consideration and form the basis for determining whether or not to impose a final measure as required by Paragraph 2 of Article 25 of the Anti-dumping Regulations of the People's Republic of China and the relevant rules for information disclosure in anti-dumping investigations, as well as allow a period of not less than ten days for interested parties to give comments.

Article 29 Once the disclosure required by Article 28 of the Rules is made, the applicant shall not withdraw an interim review application.

Article 30 An exporter or manufacturer may file an application for a price undertaking within 15 days upon the disclosure made under Article 28 of the Rules.
Where the Ministry of Commerce decides to accept a price undertaking, it shall make a suggestion to the Customs Tariff Commission of the State Council as required by Article 33 of the Anti-dumping Regulations of the People's Republic of China, and the Customs Tariff Commission of the State Council shall make a decision based on the suggestion from the Ministry of Commerce, which is to be announced by the Ministry of Commerce in a public announcement.

Article 31 An interim review shall be completed within 12 months from the date of filing the case for a review.

Article 32 The Ministry of Commerce shall make suggestions on continuing, adjusting or canceling an anti-dumping duty under review to the Customs Tariff Commission of the State Council 15 days prior to the expiry date of the review period and issue a public announcement based on the decision made by the Commission prior to the expiry date of the review period.

Article 33 An original anti-dumping measure shall continue to be effective during the period of an interim review of such measure, and the review determination shall come into effect as of the date of the public announcement of such determination and may be not applied retroactively.

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

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Shandong ICP Registered No. 12013505