反倾销协议英文版

烟台大学法学院法律硕士张川方中华人民共和国反倾销条例Regulations of the PRC on Anti-dumpingNo. 401 Decree of the State Council of the PRCThe Decision of the State Council on Revising the Regulations of the People’s Republic of China on Anti-dumping is hereby promulgated and shall become effective as of June 1st, 2004.Wen Jiabao, Premier of the State CouncilMarch 31st, 2004 Regulations of the PRC on Anti-dumping(Promulgated by No. 328 Decree of the State Council of the People’s Republic of China on November 26th, 2001Revised according to the Decision of the State Council on Revising the Regulations of the People’s Republic of China on Anti-dumping on March 31st, 2004)C-I General ProvisionsArticle 1 2013-1-17 17:08:55These Regulations are formulated in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China for the purpose of maintain ing the foreign trade order and fair competition(维护公平竞争).Article 2Where an imported product is dumped into the market of the People's Republic of China and causes material injury(实质损害) or threat of material injury to an established domestic industry, or causes material retardation(实质阻碍) of the establishment of such an industry, an anti-dumping investigation shall be initiated and anti-dumping measures applied in accordance with the provisions hereof(本条例的).C-II Dumping and InjuryArticle 3 中英文word版，1490850018@(1) The term "dumping" means that an imported product is introduced, in the ordinary course of trade, into(进入) the market of the People's Republic of China at an export price(出口价格) less than its normal value(正常价值).(2) The Ministry of Commerce (hereinafter referred to as "MOFCOM" shall be responsible for the investigation and determination(确定) of dumping.Article 4(1) The normal value of an imported product shall be determined according to the following methods by distinguishing among differing cases(区别不同情况):(a) where there is a comparable price for the like product of the imported product in the ordinary course of trade(在正常贸易过程中) in the domestic market of the exporting country (region), such comparable price shall be the normal value;(b) where there is no sale(没有销售) of the like product of the imported product in the ordinary course of trade in the domestic market of the exporting country (region), or the price and quantity ofthe like product do not permit(不能据以) a fair comparison, the normal value shall be the comparable price(可比价格) of the like product when exported to an appropriate third country (region), or the cost of production(生产成本) of the like product in the country (region) of origin plus reasonable expenses and profits.(2) Where a product is not imported directly from the country (region) of origin, its normal value shall be determined in accordance with Subparagraph (a) of the preceding paragraph. However, under the circumstances where the product is merely transshipped through(通过…转运) the exporting country(region), or the product is not produced(无生产) in the exporting country (region), or there is no comparable price for the said product in the exporting country (region), the price of the like product in the country (region) of origin may be taken as(以…为…) the normal value. Article 5The export price of an imported product shall be determined according to the following methods by distinguishing among differing cases(区别不同情况):(a) where there is a price actually paid or payable for the imported product, such a price(该价格) shall be the export price;(b) where there is no export price for the imported product or the price is unreliable, the export price may be fixed on the basis of the price at which the imported product is first resold(首次转售) to an independent buyer(独立购买人); however, if the imported product is not resold to an independent buyer, or not resold in the condition as imported, the export price may be determined on the basis of a reasonable price fixed(推定的价格) by MOFCOM.Article 6(1) The margin of dumping(倾销幅度) shall be the amount by which(幅度) the export price of an imported product is less than its normal value.(2) A fair and reasonable comparison shall be made between the export price and the normal value of an imported product with due consideration of various factors(各种因素) which may affect price comparability(可比性).(3) The margin of dumping shall be established on the basis of a comparison of the weighted average normal value(加权平均正常价值) with the weighted average price of all comparable export transactions(可比出口交易) or by a comparison of the normal value and the export price on a transaction-to-transaction basis(在逐笔交易的基础上).(4) Where the export prices differ significantly among different purchasers, regions or periods(时期), and therefore it is difficult to make comparisons through the methods(按照方法) prescribed in the preceding paragraph, a comparison may be made between the weighted average normal value and the price of each export transaction(单一出口交易).Article 7(1) The term “injury” means material injury or threat of material injury caused by a dumping to an established domestic industry(国内产业), or material retardation(阻碍) of the establishment of a domestic industry.(2) MOFCOM shall be responsible for the investigation and determination of injury. The anti-dumping investigation of injury(损害调查) to a domestic industry involving agricultural products shall be conducted by MOFCOM jointly with(会同) the Ministry of Agriculture.Article 8(1) The following factors shall be examined in the determination of injury caused by dumping toa domestic industry:(a) whether the volume of dumped imports(倾销进口产品), including the volume of dumped imports in absolute terms(绝对数量) and relative to the production or consumption of a similar domestic product(国内同类产品), has been increasing significantly, or the possibility of a significant increase(大量增加) in dumped imports;(b) the effects of dumped imports on prices, including the price cutting(价格削减) of the dumped imports, or the significant suppressing or depressing(抑制、压低的) effects on the price of a like domestic product(国内同类产品), etc.;(c) the impact of dumped imports on the relevant economic factors and indices(经济因素和指标) of a domestic industry;(d) the production capacity(生产能力) or export capacity of the exporting country (region) or the country (region) of origin, and the inventory(库存情况) of the product under investigation; and(e) other factors that have caused or may cause(造成) injury to a domestic industry.(2) The determination of threat of material injury shall be based on facts and not merely on(不得仅依据) allegation, conjecture(推测) or remote possibility(极小的可能性).(3) When determining the injury caused by a dumping to a domestic industry, the determination shall be based on positive evidence(肯定性证据), and the injury caused by factors other than dumping(非倾销因素) must not be attributed to the dumping.Article 9(1) Where dumped imports(倾销进口产品) from more than one country (region) simultaneously satisfy(同时满足) the following requirements, the effects of such dumped imports on a domestic industry may be cumulatively assessed(进行累积评估):(a) the margin of dumping established in relation to the dumped imports from each country (region) is not less than 2 percent, and the volume of such imports from each country is not negligible;(b) cumulative assessment of the effects of the dumped imports is appropriate in light of the conditions of competition(竞争条件) between the dumped imports and that between the dumped imports and the like domestic product(国内同类产品).(2) The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country (region) is found to account for less than 3 percent of the total imports of the like product, unless countries (regions) each of which accounts for less than 3 percent of the total imports of the like product collectively account for(若干国家总占) more than 7 percent thereof.Article 10The effects of dumped imports shall be assessed in relation to the separate identification of production(单独确定生产) of the like domestic product. If such separate identification of production is not possible, the effects of the dumped imports shall be assessed by examination(审查) of the production of the narrowest group or range of products(最窄产品组或者范围), including the like domestic product.(1) The term “domestic industry” means the domestic producers as a whole(全部) of the like product within the People's Republic of China or those whose collective output(总产量) constitutes a major proportion of the total production(总产量) of the like domestic products, except those whoare related to the exporters or importers or are themselves importers(本身为进口经营者) of the dumped products.(2) Under special circumstances, the producers within a regional domestic market(国内一个区域市场) may be regarded as a separate industry(一个单独产业) if the producers within the market sell all or almost all of the like products in that market, and the demand in that market is not to any substantial degree(主要不是) supplied by domestic producers of the like products located in other domestic regions.Article 12The term “like product” means the product that is identical to the dumped product(倾销进口产品), or in the absence of such a product, another product that has characteristics best resembling(最相似的) the dumped product.C-III Anti-dumping InvestigationArticle 13A domestic industry or a natural person, legal person or relevant organization on behalf of the domestic industry (hereinafter collectively referred to as “the applicant”) may make a written application to MOFCOM for an anti-dumping investigation(反倾销调查) in accordance with the provisions hereof.Article 14The application(申请书) shall contain the following information:(a) the name, address and other relevant information(及有关情况) of the applicant;(b) a complete description of the imported product in question(申请调查的), including the name of the product, the concerned exporting countries (regions) or countries (regions) of origin, the identity of known exporters(已知的出口经营者) or producers, information on the price of the product destined for consumption in the domestic market(定位于国内市场消费) of the exporting countries (regions) or the countries (regions) of origin, and information on the export price(出口价格), etc.; (c) a description of the volume and value(数量和价值) of domestic production of the like product(国内同类产品生产);(d) the effect of the volume and price of the imported product in question(申请调查进口产品) on the domestic industry; and(e) other information that the applicant considers as necessary to submit(需要说明的).Article 15The application shall be supported by(附具) the following evidence:(a) existence of a dumping to(对…的倾销) the imported product in question;(b) injury to the domestic industry; and(c) existence of a causal link(因果关系) between the dumping and the injury;Article 16(1) MOFCOM shall, within 60 days from the date of receipt of an application and the relevant evidence submitted by the applicant, examine whether the application is made by or on behalf of the domestic industry, the content of the application and the evidence attached thereto(所附具的), etc, and shall decide whether or not to initiate an investigation(立案调查).(2) Prior to the decision to initiate an investigation, the government of the exporting country (region) concerned shall be notified.Article 17Where an application is supported by those domestic producers whose collective output constitute s(占) more than 50% of the total production of the like product produced by those producers expressing either support for or opposition to(支持者和反对者) the application, the application shall be considered to have been made by or on behalf of the domestic industry, and an anti-dumping investigation may be initiated; but no investigation may be initiated when the output of those domestic producers expressly supporting the application account s for(占) less than 25% of the total production of the like domestic product(国内同类产品).Article 18If, in special circumstances, MOFCOM does not receive any written application(书面申请) for an anti-dumping investigation, but has sufficient evidence(充分证据) of a dumping, injury and causal link between the two, it may decide to initiate an investigation.Article 19(1) MOFCOM shall publish(公告) the decision to initiate an investigation and notify the applicant, the known exporters and importers, the government of the exporting country (region), and other interested organizations or individuals (hereinafter collectively referred to as the interested party(利害关系方)).(2) As soon as the decision to initiate an investigation has been published, MOFCOM shall provide the text of the application(申请书文本) to the known exporters and the government of the exporting country (region).Article 20(1) MOFCOM may conduct investigation and collect information from the interested party by send ing questionnaires(问卷), using samples, hold ing hearings(听证会) and making on-the-spot verification(现场核查),etc.(2) MOFCOM shall provide opportunities for the relevant interested party to present their views(陈述意见) and supporting arguments(论据).(3) MOFCOM may send its staff members(工作人员) to the countries (regions) concerned to carry out investigations(进行调查) if it deems necessary to do so, unless the countries (regions) concerned object to(提出异议) such investigations.Article 21When MOFCOM conducts an investigation, the interested party shall provide authentic information (如实反映情况) and relevant data. Where the interested party refuses to do so, or fails to provide necessary information within a reasonable time limit(在合理时间内), or significantly impede s(严重妨碍) the investigation by other means(以其他方式), MOFCOM may make decisions(作出裁定) on the basis of the facts already obtained(已经获得的事实) and the best information available(可获得的最佳信息).Article 22(1) The interested party may request MOFCOM to treat the information they provide asconfidential(按保密资料处理) if it considers that the disclosure of such information would create significant adverse effect(产生严重不利影响).(2) MOFCOM shall treat the information submitted by the interested party as confidential if it considers that the request for confidentiality(保密申请) is justifiable, and shall require the interested party to provide a non-confidential summary(一份非保密的概要) thereof.(3) The information treated as confidential(按保密资料处理的) shall not be disclosed without permission of the interested party submitting the information.Article 23MOFCOM shall allow the applicant and the interested party to have access to(查阅)the information relevant to the case(本案有关资料), unless the information has been treated as confidential.Article 24MOFCOM shall, on the basis of its findings(调查结果), make a preliminary determination on whether there exists(是否成立) a dumping, injury and causal link between the two, and announce the determination publicly.Article 25(1) Where the preliminary determination affirm s(确定成立) a dumping, injury and causal link between the two, MOFCOM shall conduct further investigations(继续进行调查) on the dumping and its margin, the injury and its degree and make a final determination(终裁决定) on the basis of its findings, and publish the determination.(2) Prior to the final determination, MOFCOM shall inform all the known interested parties(所有已知的利害关系方) of the essential facts(基本事实) on which the final determination is based.Article 26An anti-dumping investigation shall be concluded within 12 months from the date of publication(公告之日) of the determination to initiate the investigation; such period may be extended in special circumstances, but in no case(无论如何不)the extension period(延长期) shall be more than six months.Article 27 2013-1-17 21:58:20(1) In any of the following circumstances, an anti-dumping investigation shall be terminated and such termination shall be published by MOFCOM:(a) the applicant has withdrawn the application;(b) there is no sufficient evidence of the existence of a dumping, injury and causal link(因果关系) between the two;(c) the margin of dumping is less than 2 percent;(d) the actual or potential volume of or the injury caused by the dumped imported products is negligible(可忽略不计的);(e) other circumstances that MOFCOM considers inappropriate(不适宜的) to continue the anti-dumping investigation.(2) If the product under investigation(被调查产品) imported from one country (region) or some countries (regions) falls into one of the circumstances set forth in Subparagraph (b), (c) or (d) of thepreceding paragraph, the anti-dumping investigation on such product(针对所涉产品的) shall be terminated.C- IV Anti-dumping MeasuresSection 1 Provisional Anti-dumping MeasuresArticle 28 2013-1-18 15:15:15(1) The following provisional anti-dumping measures(临时措施) may be applied if the preliminary determination establish es the existence(确定成立) of dumping and the injury caused by dumping to a domestic industry:(a) imposition of a provisional anti-dumping duty;(b) provision of deposit, bond(保证金、保函) or other forms of security(担保).(2) The amount of the provisional anti-dumping duty, cash deposit(保证金), bond or other forms of security provided shall not exceed the margin of dumping established(确定的) in the preliminary determination.Article 29The proposal for imposing provisional anti-dumping duties shall be put forward by MOFCOM, on the basis of which the Tariff Commission(关税税则委员会) under the State Council shall make a decision thereon, which shall be published by MOFCOM. The decision on the provision of deposit, bond or other forms of security shall be made and published by MOFCOM. The Customs shall implement the decision from the effective date(实施之日) set forth in the public notice(公告).Article 30(1) The period for(实施期限) provisional anti-dumping measures shall not exceed 4 months from the effective date set forth in the public notice regarding the decision(决定公告) on provisional anti-dumping measures; under special circumstances, such period may be extended to 9 months. (2) No provisional anti-dumping measures may be taken within 60 days from the date of publication(公告之日) of the decision to initiate the anti-dumping investigation(立案调查决定). Section 2 Price UndertakingsArticle 31(1) The exporter of dumped imports, during the period of an anti-dumping investigation, may offer price undertakings(作出价格承诺) to MOFCOM to revise its prices(改变价格)or to cease exporting at dumped prices(倾销价格).(2) MOFCOM may suggest(提出建议) price undertakings to the exporter.(3) MOFCOM shall not force the exporter to enter into any price undertakings(作出价格承诺). Article 32The fact that the exporters do not offer price undertakings, or do not accept any suggestion concerning price undertakings, shall in no way prejudice(不妨碍) the investigation and determination of an anti-dumping case. MOFCOM shall have the right to determine that a threat of injury is more likely to be realized(出现) if the exporters continue dumping the imported products. Article 33(1) If MOFCOM considers that a price undertaking offered by the exporters is acceptable(能够接受的) and in conformity with the public interests, it may decide to suspend or terminate theanti-dumping investigation without taking provisional anti-dumping measures or impos ing anti-dumping duties(征收反倾销税). The decision to suspend or terminate the anti-dumping investigation shall be published by MOFCOM.(2) If MOFCOM does not accept a price undertaking, it shall explain the reasons therefor(说明理由) to the exporters concerned.(3) Price undertakings shall not be sought or accepted, unless MOFCOM has made the preliminary affirmative determination(肯定的初裁决定) of a dumping and the injury caused thereby. Article 34(1) MOFCOM shall, after suspending or terminating the investigation of a dumping according to the provisions of Paragraph (1) in Article 33 hereof, continue to investigate(继续进行调查) the dumping and the injury caused thereby at the request of(应…请求) the exporters or when it deems necessary.(2) On the basis of the findings of the investigation prescribed in the preceding paragraph, a price undertaking shall automatically lapse(自动失效) if the determination on the dumping and the injury caused thereby is negative(否定裁定), or shall remain in force(继续有效) if the determination thereon is affirmative.Article 35MOFCOM may require the exporters to provide periodically(定期提供) information and data relevant to the fulfillment of the price undertaking(履行其价格承诺) and make verifications(予以核实) on such information and data.Article 36Where the exporters violate the price undertaking, MOFCOM may decide immediately to resume(恢复) the anti-dumping investigation in accordance with the provisions hereof, or on the basis of the best information(最佳信息) available, decide to take provisional anti-dumping measures and levy an anti-dumping duty retroactively(追溯征收) on the products imported within 90 days prior to the adoption of such provisional anti-dumping measures, except the products imported before the violation of the price undertaking.Section 3 Anti-dumping DutiesArticle 37Where the final determination establishes the existence(确定成立) of a dumping and the injury caused thereby to a domestic industry, an anti-dumping duty may be imposed. Imposition(征收) of anti-dumping duties shall be in conformity with the public interests.Article 38The proposal for imposing an anti-dumping duty shall be put forward by MOFCOM, on the basis of which the Tariff Commission(关税税则委员会) under the State Council shall make a decision thereon, which shall be published by MOFCOM. The Customs shall implement the decision(执行) from the effective date(实施之日) set forth in the public notice.Article 39Anti-dumping duties shall be imposed on products imported after the date of publication(公告之日) of the final determination, with the exception of(除…以外)circumstances set forth(规定的情形) in Articles 36, 43 and 44 hereof.Article 40Anti-dumping duties shall be paid by importers of the dumped imported products(倾销进口产品).Article 41Anti-dumping duties shall be determined separately on the basis of the margin of dumping(倾销幅度)each exporter(不同出口经营者) has received. Where it is necessary to impose an anti-dumping duty on the dumped imported products of an exporter who did not fall into the scope of investigation, an anti-dumping duty applicable to the exporter(对其适用的) shall be determined in a reasonable way.Article 42No anti-dumping duties shall be levied in excess of(超过) the margin of dumping as established(确定的) in the final determination.Article 43(1) Where a final determination establishes the existence of material injury(实质损害), and provisional anti-dumping measures have been taken prior to the final determination, anti-dumping duties may be levied retroactively(追溯征收) for the period for which provisional anti-dumping measures have been taken.(2) Where a final determination establishes the existence of a threat of material injury(实质损害威胁), and provisional anti-dumping measures have been taken in the situation that(在…的情况下) the absence of such provisional anti-dumping measures would have led to a determination of material injury(实质损害裁定), anti-dumping duties may be levied retroactively for the period for which provisional anti-dumping measures have been taken.(3) Where the anti-dumping duty determined in a final determination is higher than the provisional anti-dumping duty paid or payable(已付或者应付的) or the amount estimated for the purpose of security(为担保目的), the difference shall not be collected; where the duty is lower than the provisional anti-dumping duty paid or payable or the amount estimated for the purpose of security, the excess amount(差额部分) shall be refunded or the duty recalculated, as the case may be(根据具体情况).Article 44(1) Where the following two circumstances exist simultaneously(并存), an anti-dumping duty may be retroactively levied on the imported products within 90 days prior to the date of adoption(实施) of provisional anti-dumping measures, except for the products imported before the initiation of the investigation(立案调查):(a) there is a dumping history(倾销历史) of the dumped imported products causing injury to the domestic industry, or the importers of the dumped imported products know or ought to know(知道或者应当知道) that the exporters practice dumping(实施倾销) and that such dumping would cause injury to the domestic industry;(b) the dumped imported products are massively imported(大量进口) in a short time and are likely to seriously undermine the remedial effect(补救效果) of the anti-dumping duty to be applied(即将实施的).(2) Where MOFCOM, after launch ing an investigation(发起调查), has sufficient evidence proving the existence of the two circumstances listed in the preceding paragraph, it may take necessary measures, such as making import registration on(进口登记) the relevant imported products, so as to levy retroactively(追溯征收) an anti-dumping duty.Article 45Where a final determination decides not to levy(确定不征收) an anti-dumping duty, or does not decide a retroactive levy(未确定追溯征收) of an anti-dumping duty, the provisional anti-dumping duty collected and the deposits made shall be refunded, and the bonds or other forms of security released.Article 46Where an importer of dumped imported products has evidence to prove that the anti-dumping duty already paid is higher than the margin of dumping, it can apply to MOFCOM for duty refund(退税申请). MOFCOM shall, upon examination and verification of the application, make a proposal, on the basis of which the Tariff Commission(关税税则委员会) under the State Council shall make a decision to refund the extra duty, which shall be implemented by the Customs.Article 47After an imported product has been subject to an anti-dumping duty, new exporters who have not exported the product in question(该产品) to the People's Republic of China within the period of investigation, may apply to MOFCOM for a separate determination(单独确定) of the margin of dumping, provided that they can prove that they are not related to the exporters who are subject to the anti-dumping duty. MOFCOM shall carry out a prompt review and make a final determination. During the period of review, no anti-dumping duties may be levied on the imported products, but measures may be taken(采取措施) as provided for in Paragraph (1) (b) of Article 28 of these Regulations.C-V Duration and Review of Anti-dumping Duties and Price UndertakingsArticle 48The duration for the levy of an anti-dumping duty and the fulfillment of a price undertaking shall not exceed five years. However, the duration for the levy of the anti-dumping duty may be extended appropriately(适当延长) if, as a result of review(经复审), it is determined that the termination of the anti-dumping duty would be likely to lead to continuation or recurrence(继续或再度发生) of the dumping and injury.Article 49(1) After an anti-dumping duty has taken effect, MOFCOM may decide, on justifiable grounds, to review the need for the continued imposition(继续征收) of the anti-dumping duty; such a review may also be conducted at the request of(应…的请求) an interested party after a reasonable period of time and on the basis of examination of the relevant evidence submitted by the interested party. (2) After a price undertaking has taken effect, MOFCOM may decide, on justifiable grounds(在有正当理由的情况下), to review the need for the continued fulfillment of the price undertaking; such areview may also be conducted at the request of(应…的请求) an interested party after a reasonable period of time and on the basis of examination of the relevant evidence submitted by the interested party..Article 50According to the findings of a review(复审结果), MOFCOM shall, in accordance with the provisions hereof, make a proposal on the retention(保留), revision, or termination of an anti-dumping duty, in light of which the Tariff Commission(关税税则委员会) under the State Council shall make a decision which shall be published by MOFCOM; or MOFCOM may, in accordance with the provisions hereof, make a decision on the retention, revision or termination of a price undertaking and publish(予以公告) the decision.Article 51(1) The review proceedings(复审程序) shall be conducted with reference to the relevant provisions hereof on anti-dumping investigation.(2) A review shall be concluded within 12 months from the date of decision on the initiation of the review(决定开始复审之日).Article 52During the period of review, the review proceedings shall not impede(妨碍) the implementation of anti-dumping measures.C-VI Supplementary ProvisionsArticle 53Where a party is not satisfied with a final determination made under Article 25 hereof, or not satisfied with a decision on whether or not to impose an anti-dumping duty, a decision on retroactive imposition(追溯征收) or refund of an anti-dumping duty, or a decision on imposition of an anti-dumping duty on new exporters made under C-IV hereof, or not satisfied with the review decision(复审决定) made under C-V hereof, it may apply for administrative reconsideration or file a lawsuit in the people's court in accordance with law.Article 54A public notice issued under these Regulations shall contain the important information(情况), facts, reasons, basis, findings(依据、结果) and conclusions, etc.Article 55MOFCOM may take appropriate measures to prevent the circumvention(规避) of anti-dumping measures.Article 56Where any country (region) discriminatorily imposes anti-dumping measures on exports from the People's Republic of China, the People's Republic of China may, on the basis of actual situations(根据实际情况), respond by taking corresponding measures(采取相应的措施) against that country (region).Article 57。

关于实施1994年关税与贸易总协定第6条的协定各成员特此协议如下：第一部分第1条原则反倾销措施仅应适用于GATT 1994第6条所规定的情况，并应根据符合本协定规定发起1和进行的调查实施。

GATT 1994第6条的适用按下列规定执行，但仅限于根据反倾销立法或法规所采取的行动。

第2条倾销的确定2.1 就本协定而言，如一产品自一国出口至另一国的出口价格低于在正常贸易过程中出口国供消费的同类产品的可比价格，即以低于正常价值的价格进入另一国的商业，则该产品被视为倾销。

2.2 如在出口国国内市场的正常贸易过程中不存在该同类产品的销售，或由于出口国国内市场的特殊市场情况或销售量较低2，不允许对此类销售进行适当比较，则倾销幅度应通过比较同类产品出口至一适当第三国的可比价格确定，只要该价格具有代表性，或通过比较原产国的生产成本加合理金额的管理、销售和一般费用及利润确定。

2.2.1同类产品以低于单位(固定和可变)生产成本加管理。

销售和一般费用的价格在出口国国内市场的销售或对一第三国的销售，只有在主管机关3确定此类销售属在一持续时间内4以实质数量5、且以不能在一段合理时间内收回成本的价格进行时，方可以价格原因将其视为未在正常贸易过程中进行的销售，且可在确定正常价值时不予考虑。

如在进行销售时低于单位成本的价格高于调查期间的加权平均单位成本，则此类价格应被视为能在一段合理时间内收回成本。

2.2.1.1就第2款而言，成本通常应以被调查的出口商或生产者保存的记录为基础进行计算，只要此类记录符合出口国的公认会计原则并合理反映与被调查的产品有关的生产和销售成本。

主管机关应考虑关于成本适当分摊的所有可获得的证据，包括出口商或生产者在调查过程中提供的证据，只要此类分摊方法是出口商或生产者一贯延续使用的，特别是关于确定资本支出和其他开发成本的适当摊销和折旧期限及备抵的证据。

除非根据本项己在成本分摊中得以反映，否则应对那些有利于将来和/或当前生产的非经常性项目支出或在调查期间支出受投产6影响的情况做出适当调整。

反倾销、反补贴、保障和特殊情况处理等（中英文对照）Anti-dumping, Subsidies, Safeguards,Contingencies, etc反倾销、反补贴、保障和特殊情况处理等英文来源：/english/thewto_e/whatis_e/tif_e/agrm8_e.htmBinding tariffs, and applying them equally to all trading partners (most-favoured-nation treatment, or MFN) are key to the smooth flow of trade in goods.约束关税及将其在全体贸易成员国之间平等地适用（即最惠国待遇，简称MFN）是保证商品交易过程畅通的关键。

The WTO agreementsuphold the principles, but they also allow exceptions — in some circumstances. Three of these issues are:世贸协议秉持着这些原则，但有时也有例外。

例如以下三种情况：actions taken against dumping (selling at an unfairly low price)1.反倾销（以不公平的低价出售商品的行为）措施；subsidies and special “countervailing” duties to offset the subsidies1.贸易补贴以及为抵消贸易补贴而征收的“反补贴”关税；emergency measures to limit imports temporarily, d esigned to “safeguard”domestic industries.1.为暂时限制进口以“保护”国内产业而采取的紧急应对措施。

Anti-dumping actions反倾销措施If a company exports a product at a price lower than the price it normally charges on its own home market, it is said to be “dumping” the product.如果某一公司以低于其在国内市场正常出售的价格出口某一产品，我们就称其“倾销”该产品。

WT（反倾销协议WTO反倾销协议各成员协议如下:第一部分第一条总则反倾销措施应仅在1994年关贸总协定第六条规定的情况下实施，并按照本协议的规定发起和进行调查。

根据反倾销法或者条例采取行动而适用1994年关贸总协定第六条时，适用下列规定：第二条倾销的确定1.本协议之目的，如果一项产品从一国岀口到另一国，该产品的岀口价格在正常的贸易过程中，低于岀口国旨在用于本国消费的同类产品的可比价格，也即以低于其正常价值进入另一国的商业，则该产品即被认为是倾销。

2.在岀口国国内市场在正常贸易过程中不存在该同类产品的销售时，或者该项销售由于该市场的特定情况，或在岀口国国内市场的销售量太少，而不能用于适当的比较时，则倾销幅度应通过与向一个合适的第三国岀口的同类产品的可比价格(如果该价格是有代表性的话)，进行比较而确定，或者与原产地国的生产成本，加上合理数额的管理费、销售费和一般成本并加利润进行比较而确定：(a)在岀口国国内市场上同类产品的销售，或者向一个第三国销售，其价格低于每单位(固定的和可变的) 生产成本加上行政管理费、销售费和一般费用，其销售可作为不是由于价格原因而处在正常贸易过程中，并且只有由当局决定该项销售的很大部分是在持续的长时期间内作岀的，且该项销售的价格未能预订可以在一段合理期间内收回其全部成本的，则在确定正常价值时可不予考虑。

如果在销售时，其价格低于单项成本；但高于其在调查期间的平均单项成本，则该价格应被认为是在一段合理的期间内收回了成本；(b)本条第2款规定的成本费用，通常应根据受调查的岀口商或生产商存有的记录计算，如果该记录是符合岀口国普遍接受的会计原则，合理反映与生产有关的成本以及有关产品的销售。

当局应考虑全部现有的成本适当分配的证据，包括出口商或生产商在调查过程中作出的分配证据，其前提是该分配在历史上一直被岀口商或生产商所使用，特别应对有关确立适当的分期付款和折旧期限、按资费用以及其它开发成本的补助费加以考虑，除非根据本款项规定已在成本分配中得到反映，否则成本应对那些有利于将来或当前生产的非经常性项目成本作岀适当的调整，或者对在调查期间成本费用因刚开始生产而受到影响的情况作岀适当的调整。

wto反倾销协议原文AGREEMENT ON IMPLEMENTATION OF ARTICLE AGREEMENT ON IMPLEMENTATION OF ARTICLEVI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 199Members hereby agree as follows:PART IArticle ArticlePrinciplesAn anti-dumping measure shall be applied only under the circumstancesprovided for in Article Article VI of GATT 1994 and pursuant toinvestigations initiat and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article andconducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far asaction is taken under anti-dumpg legislation or regulations.Article ArticleDetermination of Dumping2.1 For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exportedfrom one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country.2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when, because of theparticular market situation or the low volume of the sales in the domestic market of the exporting country, such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price ofthe like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits.2.2.1 Sales of the like product in the domestic market of the exporting country or sales to a third country at prices below per unit (fixed and variable) costs of production plus administrative, selling and general costs may be treated as not being in the ordinary course of trade by reason of price and may be disregarded in determining normal value only if the authorities determinethat such sales are made within an extended period of time in substantial quantities and are at prices which do not provide for the recovery of all costswithin a reasonable period of time. If prices which are below perunit costs at the time of sale are above weighted average per unit costs for the period of investigation, such prices shall be considered to provide for recovery ofcosts within a reasonable period of time.2.2.1.1 For the purpose of paragraph 2.2.1.1 For the purpose of paragraph2, costs shall normally be calculated on the basis of records keptby the exporter or oducer under investigation, provided that such records are in accordance withthe generally accepted accounting principles of the exportingcountry and reasonably reflect the costs associated with the production and sale of the product under consideration. Authorities shall consider all available evidenceon the proper allocation of costs, including that which is made available by the exporter or producer in the course of the investigation provided that such allocations have been historically utilized by the exporter or producer, in particular in relation to establishing appropriate amortization and depreciation periods and allowances for capital expenditures and other development costs. Unless already reflected in the cost allocations under this sub-paragraph, costs shall be adjusted appropriately for those non-recurringitems of cost which benefit future and/or current production, or for circumstances in which costs during the period of investigation are affected by start-up operations.2.2.2 For the purpose of paragraph 2, the amounts for administrative, selling and general costs and for profits shall be based on actual data pertaining to production and sales in the ordinary course of trade ofthe like product by the exporter or producer under investigation. When such amountscannot be determined on this basis, the amounts may be determined on the basis of:(i) the actual amounts incurred and realized by the exporter or producer in question in respect of production and sales in the domestic market of thecountry of origin of the same general category of products;(ii) the weighted average of the actual amounts incurred andrealized by other exporters or producers subject to investigation in respect of production and sales of the like product in the domestic market of the country of origin;(iii) any other reasonable method, provided that the amount forprofit so established shall not exceed the profit normally realized by other exporters or producers on sales of products of the same general category in the domesticmarket of the country of origin.2.3 In cases where there is no export price or where it appears to the authorities concerned that the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the conditionas imported, on such reasonable basis as the authorities may determine.2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, fordifferences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affectprice comparability. In the cases referred to in paragraph 3, allowances forcosts, including duties and taxes, incurred between impoation and resale, and for profits accruing, should also be made. If in these cases price comparability has been affected, the authorities shall establish the normal value at a levelof trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensurea fair comparison and shall not impose an unreasonable burden of proof on those parties.2.4.1 When the comparison under paragraph 4 requires a conversion of currencies, such conversion should be made using the rate of exchange on the date of sale, provided that when a sale of foreign currency on forward markets is directly linked to the export sale involved, the rate of exchange in theforward sale shall be used. Fluctuations in exchange rates shall be ignored and in an investigation the authorities shall allow exporters at least 60 ort saleinvolved, the rate of exchange in the forward sale shall be used. Fluctuationsin exchange rates shall be ignored and in an investigation the authorities shall allow exporters at least 60 days to have adjustedtheir export prices to reflect stained movements in exchange rates during the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph2.4.2 Subject to the provisions governing fair comparison in paragraph 4, theexistence of margins of dumping during the investigation phase shall normally be established on the basisf a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export prices on a transaction-to-transactionbasis. A normal value established on a weighted average basis may be comparedto prices of individual export transactions if the authorities find a patternof export prices which differ significantly among different purchasers, regions or time periods, and if an explanation is provided as to why such differencescannot be taken into account appropriately by the use of a weighted average-to-weighted average or transaction-to-transaction comparison.2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an intermediate country, the price at which the products are sold from the country of export to the importing Member shall normally be compared with the comparable price in the country of export. However, comparison may be made with the price in the countryof origin, if, for example, the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export.2.6 Throughout this Agreement the term "like product" ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.2.7 This Article is without prejudice to the second Supplementary Provision to paragraph 2.7 This Article is without prejudice to the second SupplementaryProvision to paragraph 1 of Article VI in Annex I to GATT 199Article ArticleDetermination of Injury3.1 A determination of injury for purposes of Article VI of GATT 1994shall be based on positive evidence and involve an objective examination ofbot(a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like products, and (b) the consequentimpact of these imports on domestic producers of such products.3.2 With regard to the volume of the dumped imports, theinvestigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms orrelative to production or consumption in the importing Member. With regard to the effect of the dumpedimports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, or whether the effect ofsuch imports is otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree. No one or several of these factors can necessarily give decisive guidance.3.3 Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the margin of dumping established in relation to the imports from each countryis more than de minimis as defined in paragraph 8 Article 5 and the volumeof imports from each country is not negligible an(b) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competitionbetween the imported products and the like domestic product.3.4 The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevanteconomic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, orutilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negative effectson cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of thesefactors necessarily give decisive guidance.3.5 It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth in paragraphs 2 and 4, causing injury within themeaning of this Agreement. The demonstration of a causalrelationship between the dumped imports and the injury to the domestic industry shall be based onan examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at thesame time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports. Factors which may be relevant in this respect include, inter inter al, the volume and pricesof imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade-restrictive practices of and competition between the foreign and domestic producers, developments in technology and the exportperformance and productivity of the domestic industry.3.6 The effect of the dumped imports shall be assessed in relationto the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the productionprocess, producers' sales and profits. If such separateidentification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products,which includes the like product, for which the necessary information can be provided.3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent. In making a determinationregarding the existence of a threat of material injury, the authorities should consider, inter inter al, such factors as:(i) a significant rate of increase of dumped imports into the domestic market indicating the likelihood of substantially increased importation;(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumped exports to the importing Member's market, taking into accountthe availability of other export markets to absorb any additional exports;(iii) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increasedemand for further imports; and(iv) inventories of the product being investigated.No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.3.8 With respect to cases where injury is threatened by dumped imports, the application of anti-dumping measures shall be considered and decided with special care.Article ArticleDefinition of Domestic Industry4.1 For the purposes of this Agreement, the term "domestic industry" shall be interpreted as referring to the domestic producers as a wholeof the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that:(i) when producers are related to the exporters or importers or are themselves importers of the allegedly dumped product, the term "domestic industry" may be interpreted as referring to the rest of the producers;(ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a)the producers within such market sell all or almost all of their production of the product in question in that market, and (b) (bthe demand in that marketis not to any substantial degree supplied by producers of theproduct in question located elsewhere in the territory. In such circumstances, injury may be found to exist even where a major portionof the total domestic industry is not injured, provided there is a concentration of dumped imports into such an isolated market and provided further that the dumped imports are causing injury tothe producers of all or almost all of the production within such market.4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, i.e. a market as defined in paragraph s definedin paragraph 1(ii), anti-dumping duties shall be levi only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member does not permit the levying of anti-dumping dutieson such a basis, the importing Member may levy the anti-dumping duties withoutlimitation only if (a) the exporters shall have been given an opportunity tocease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article the exporters shall have been given anopportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Articl8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied onlyon products of specific producers which supply the area in question.4.3 Where two or more countries have reached under the provisions ofparagraph graph 8(a) of Article XXIV of GATT 1994 such a level of integration that they have the characteristics of a single, unified market, the industry in the entire area of integration shall be taken to be the domestic industry referred to in paragraph4.4 The provisions of paragraph The provisions of paragraph 6 of Article3 shall be applicable to this ArticlArticle 5Initiation and Subsequent Investigation. 5.1 Except as provided for in paragraph 6, an investigation to determinethe existence, degree and effect of any alleged dumping shall be initiated upona written application by or on behalf of the domestic industry.5.2 An application under paragraph 1 shall include evidence o(a) dumping,(b) injury within the meaning of Article injury within the meaningof ArticleVI of GATT 1994 as interpreted by this Agrment and (c) a causal link betweenthe dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirementsof this paragraph. The application shall contain such information as is reasonably available to the applicant on the following:(i) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domesticindustry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted forby such producers;(ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing theproduct in question;(iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at whichthe product is sold from the country or countries of origin orexport to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product isfirst resold to an independent buyer in the territory of the importing Member;(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the importson the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those listed in paragraphs listed in paragraphs2 and 4 of Article5.3 The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.5.4 An investigation shall not be initiated pursuant to paragraph 1 unlessthe authorities have determined, on the basis of an examination of the degreeof support for, or opposition to, the application express by domestic producers of the like product, The application shall be considered to have been made "byor on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of thetotal production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expresssupporting the application account for less than 25 percent of total production of the like product produced by the domestic industry.5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the application for the initiation of an investigation. However, after receipt of a properly documented application and before proceeding to initiate an investigation, the authorities shall notify the government of the exporting Member concerned.5.6 in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph nt evidence of dumping, injury and a causallink, as described in paragraph 2, to justify the initiation of an investigatio5.7 The evidence of both dumping and injury shall be consideredsimultaneously (a) in the decision whether or not to initiate an investigation, and (b) thereafter, during the course of the investigation, starting on a date not later than the earliest date on which in accordance with the provisions ofthis Agreement provisional measures may be applied.5.8 An application under paragraph raph 1 shall be rejected and aninvestigation shall be terminated promptly as soon as theauthorities concerned are satisfied that there is not sufficient evidence of either dumping or ofinjury to justify proceeding with the case. There shall be immedie termination in cases where the authorities determine that the margin of dumping is de deminim, or that the volume of dumped imports, actual or potential, or the injury,is negligible. The margin of dumping shall be considered to be de de minimif this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligibleif the volume of dumped imports from a particular country is found to account for less than 3 per cent of ports of the like product in the importing Member, unless countries which individually account for less than 3 orts of the likeproduct in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing Member collectively account for more than 7 per cent of imports of the likeprodt in the importing Member.5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance.5.10 Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, after their initiation.Article 6Evidence6.1 All interested parties in an anti-dumping investigation shall be givennotice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.6.1.1 Exporters or foreign producers receiving questionnaires usedin an anti-dumping investigation shall be given at least 30 days for reply. Due consideration should be given to any request for an extension of the 30-dayperiod and, upon cause shown, such an extension should be granted whenever practicable.6.1.2 Subject to the requirement to protect confidential information, evidence presented in writing by one interested party shall be made available promptly to other interested parties participating in the investigation.6.1.3 As soon as an investigation has been initiated, theauthorities shall provide the full text of the written application received under paragraph 6.1.3As soon as an investigation has been initiated, the authoritiesshall providethe full text of the written application received under paragraph 1of Article5 to the known exporte and to the authorities of the exporting Member and shall make it available, upon request, to other interested parties involved. Due regard shall be paid to the requirement for the protection of confidential information, as provided for in paragraph ved. Due regard shall be paid to therequirement for the protection of confidential information, as provided for in paragraph6.2 Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. Tothis end, the authorities shall, on request, provide opportunities forall interested parties to meet those parties with adverse interests, so that opposing views may bepresented and rebuttal arguments offered. Provision of such opportunities must take account of the need to preserve confidentiality and of the convenience to the parties. There shall be no obligation on any party to attend a meeting, andfailure to do so shall not be prejudicial to that party's case. Interestedparties shall also have the right, on justification, to presentother information orally.6.3 Oral information provided under paragraph 6.3 Oral informationprovided under paragraph 2 shall beaken into account by theauthorities only in so far as it is subsequently reproduced in writingand made available to other interested parties, as provided for in subparagraph aken into account by theauthorities only in so far as it is subsequently reproduced inwriting and made available to other interested parties, as provided for in subparagraph 1.6.4 The authorities shall whenever practicable provide timely opportunities for all interested parties to see all information that is relevant to thepresentation of their cases, that is not confidential as defined in paragraphes for all interested parties to see all information that isrelevant to the presentation of their cases, that is not confidential as defined in paragraph5, and that is used by the authorities in an anti-dumping investigation, andto prepare presentatis on the basis of this information.6.5 Any information which is by nature confidential (for example, because its disclosure would be of significant competitive advantage to a competitoror because its disclosure would have a significantly adverse effect upon a person supplying the information or upon a person from whom that person acquired the information), or which is provided on a confidential basis by parties to an。

反倾销协议AGREEMENT ON IMPLEMENTATION OF ARTICLE VIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:PART IArticle 1PrinciplesAn anti-dumping measure shall be applied only under the circumstances provided for in 1Article VI of GATT 1994 and pursuant to investigations initiated and conducted in accordance with the provisions of this Agreement. The following provisions governthe application of Article VI of GATT 1994 in so far as action is taken under anti-dumping legislation or regulations.Article 2Determination of Dumping2.1 For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country.2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when,because of the particular market situation or the low volume 2of the sales in the domestic market of the exporting country, such sales do not permit a propercomparison, the margin of dumping shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits.2.2.1 Sales of the like product in the domestic market of the exporting country orsales to a third country at prices below per unit (fixed and variable) costs ofproduction plus administrative, selling and general costs may be treated asnot being in the ordinary course of trade by reason of price and may be 3disregarded in determining normal value only if the authorities determine 4that such sales are made within an extended period of time in substantial 5quantities and are at prices which do not provide for the recovery of all costswithin a reasonable period of time. If prices which are below perunit costs atthe time of sale are above weighted average per unit costs for the period ofinvestigation, such prices shall be considered to provide for recovery of costswithin a reasonable period of time.2.2.1.1 For the purpose of paragraph 2, costs shall normally be calculated on the basis ofrecords kept by the exporter or producer under investigation, provided that suchrecords are in accordance with the generally accepted accounting principles of theexporting country and reasonably reflect the costs associated with the production andsale of the product under consideration. Authorities shall consider all available1 The term "initiated" as used in this Agreement means the procedural action by which a Member formally commences an investigation as provided in Article 5.2 Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient quantity for the determination of the normal value if such sales constitute 5 per cent or more of the sales of the product under consideration to the importing Member, provided that a lower ratio should be acceptable where the evidence demonstrates that domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide for a proper comparison.3 When in this Agreement the term "authorities" is used, it shall be interpreted asmeaning authorities at an appropriate senior level. 4 The extended period of time should normally be one year but shall in no case be less than six months. 5 Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represents not less than 20 per cent of the volume sold in transactions under consideration for the determination of the normal value.evidence on the proper allocation of costs, including that which is made available bythe exporter or producer in the course of the investigation provided that suchallocations have been historically utilized by the exporter or producer, in particular inrelation to establishing appropriate amortization and depreciation periods andallowances for capital expenditures and other development costs. Unless alreadyreflected in the cost allocations under this sub-paragraph, costs shall be adjustedappropriately for those non-recurring items of cost which benefit future and/or currentproduction, or for circumstances in which costs during the period of investigation are 6 affected by start-up operations.2.2.2 For the purpose of paragraph 2, the amounts for administrative, selling andgeneral costs and for profits shall be based on actual datapertaining toproduction and sales in the ordinary course of trade of the like product by theexporter or producer under investigation. When such amounts cannotbedetermined on this basis, the amounts may be determined on the basis of:(i) the actual amounts incurred and realized by the exporter or producer inquestion in respect of production and sales in the domestic marketof thecountry of origin of the same general category of products;(ii) the weighted average of the actual amounts incurred andrealized by otherexporters or producers subject to investigation in respect of production andsales of the like product in the domestic market of the country of origin;(iii) any other reasonable method, provided that the amount forprofit soestablished shall not exceed the profit normally realized by other exporters or producers on sales of products of the same generalcategory in the domestic market of the country of origin.2.3 In cases where there is no export price or where it appears to the authorities concerned that the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the authorities may determine.2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which 7are also demonstrated to affect price comparability. In the cases referred to in paragraph 3,allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing, should also be made.If in these cases price comparability has been affected, the authorities shall establish the normal value at a level of trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.2.4.1 When the comparison under paragraph 4 requires a conversion of currencies,such conversion should be made using the rate of exchange on thedate of 8sale, provided that when a sale of foreign currency on forward markets isdirectly linked to the export sale involved, the rate of exchange in the forwardsale shall be used. Fluctuations in exchange rates shall be ignored and in an6 The adjustment made for start-up operations shall reflect thecosts at the end of the start-up period or, if that period extends beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during the investigation. 7 It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have been already made under this provision. 8 Normally, the date of sale would be the date of contract, purchase order, orderconfirmation, or invoice, whichever establishes the material terms of sale.investigation the authorities shall allow exporters at least 60 days to haveadjusted their export prices to reflect sustained movements in exchange ratesduring the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph 4, theexistence of margins of dumping during the investigation phase shall normally be established on the basis of a comparison of a weighted averagenormal value with a weighted average of prices of all comparable exporttransactions or by a comparison of normal value and export prices on atransaction-to-transaction basis. A normal value established on a weightedaverage basis may be compared to prices of individual export transactions ifthe authorities find a pattern of export prices which differ significantly amongdifferent purchasers, regions or time periods, and if an explanation isprovided as to why such differences cannot be taken into account appropriately by the use of a weighted average-to-weighted averageortransaction-to-transaction comparison.2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an intermediate country, the price at which the products are sold from the country of export to the importing Member shall normally be compared with the comparable price in the country of export. However, comparison may be made with the price in the country of origin, if, for example, the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export.2.6 Throughout this Agreement the term "like product" ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.2.7 This Article is without prejudice to the second Supplementary Provision to paragraph 1 of Article VI in Annex I to GATT 1994.Article 3 9Determination of Injury3.1 A determination of injury for purposes of Article VI of GATT 1994 shall be based on positive evidence and involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market forlike products, and (b) theconsequent impact of these imports on domestic producers of such products.3.2 With regard to the volume of the dumped imports, theinvestigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms or relative to production or consumption in the importing Member. With regard to the effect of the dumped imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, or whether the effect of such importsis otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree. No one or several of these factors can necessarily give decisive guidance.3.3 Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the margin of dumping established in relation to the importsfrom each country is more than de minimis as defined in paragraph 8 of Article 5 and the volume ofimports from each country is not negligible and (b) a cumulative assessment of the effects of theimports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.9 Under this Agreement the term "injury" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of this Article.3.4 The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, orutilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negativeeffects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.3.5 It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth in paragraphs 2 and 4, causing injurywithin the meaning of this Agreement. The demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports. Factors which may be relevant in this respect include, inter alia, the volume and prices ofimports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry.3.6 The effect of the dumped imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. If such separate identification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes the like product, for which the necessary information can be provided.3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a 10situation in whichthe dumping would cause injury must be clearly foreseen and imminent. In making a determination regarding the existence of a threat ofmaterial injury, the authorities should consider, inter alia, suchfactors as:(i) a significant rate of increase of dumped imports into the domestic market indicatingthe likelihood of substantially increased importation;(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of theexporter indicating the likelihood of substantially increased dumped exports to theimporting Member's market, taking into account the availability of other exportmarkets to absorb any additional exports;(iii) whether imports are entering at prices that will have a significant depressing orsuppressing effect on domestic prices, and would likely increase demand for furtherimports; and(iv) inventories of the product being investigated.No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.3.8 With respect to cases where injury is threatened by dumped imports, the application of anti-dumping measures shall be considered and decided with special care.Article 4Definition of Domestic Industry4.1 For the purposes of this Agreement, the term "domestic industry" shall be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that:10 One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the near future, substantially increased importation of the product at dumped prices.11 to the exporters or importers or are themselves importers (i) when producers are relatedof the allegedly dumped product, the term "domestic industry" may be interpreted asreferring to the rest of the producers;(ii) in exceptional circumstances the territory of a Member may, for the production inquestion, be divided into two or more competitive markets and the producers withineach market may be regarded as a separate industry if (a) the producers within suchmarket sell all or almost all of their production of the product in question in thatmarket, and (b) the demand in that market is not to any substantial degree supplied byproducers of the product in question located elsewhere in the territory. In suchcircumstances, injury may be found to exist even where a major portion of the totaldomestic industry is not injured, provided there is a concentration of dumped importsinto such an isolated market and provided further that the dumped imports are causinginjury to the producers of all or almost all of the productionwithin such market.4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, 12i.e. a market as defined in paragraph 1(ii), anti-dumping duties shall be levied only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member does not permit the levying of anti-dumping duties on such a basis, the importing Member may levythe anti-dumping duties without limitation only if (a) the exporters shall have beengiven an opportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.4.3 Where two or more countries have reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of integration that they have the characteristics of a single, unified market, the industry in the entire area of integration shall be taken to be the domestic industry referred to in paragraph 1.4.4 The provisions of paragraph 6 of Article 3 shall be applicableto this Article.Article 5Initiation and Subsequent Investigation5.1 Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within themeaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link betweenthe dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant on the following:(i) the identity of the applicant and a description of the volume and value of the domesticproduction of the like product by the applicant. Where a written application is madeon behalf of the domestic industry, the application shall identify the industry onbehalf of which the application is made by a list of all known domestic producers ofthe like product (or associations of domestic producers of the like product) and, to theextent possible, a description of the volume and value of domestic production of thelike product accounted for by such producers;11 For the purpose of this paragraph, producers shall be deemed tobe related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectlycontrolled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds forbelieving or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter. 12 As used in this Agreement "levy" shall mean the definitive or final legal assessment or collection of a duty or tax.(ii) a complete description of the allegedly dumped product, the names of the country orcountries of origin or export in question, the identity of each known exporter orforeign producer and a list of known persons importing the product in question;(iii) information on prices at which the product in question is sold when destined forconsumption in the domestic markets of the country or countries of origin or export(or, where appropriate, information on the prices at which the product is sold from thecountry or countries of origin or export to a third country or countries, or on theconstructed value of the product) and information on export prices or, whereappropriate, on the prices at which the product is first resold toan independent buyerin the territory of the importing Member;(iv) information on the evolution of the volume of the allegedly dumped imports, theeffect of these imports on prices of the like product in the domestic market and theconsequent impact of the imports on the domestic industry, as demonstrated byrelevant factors and indices having a bearing on the state of the domestic industry,such as those listed in paragraphs 2 and 4 of Article 3.5.3 The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.5.4 An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the 13application expressed by domestic producers of the like product, that theapplication has been made 14by or on behalf of the domestic industry. The application shall be considered to have been made"by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by thatportion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry.5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the application for the initiation of an investigation. However, after receipt of a properly documented application and before proceeding to initiate an investigation, the authorities shall notify the government of the exporting Member concerned.5.6 If, in special circumstances, the authorities concerned decideto initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation.5.7 The evidence of both dumping and injury shall be considered simultaneously (a) in thedecision whether or not to initiate an investigation, and (b) thereafter, during the course of theinvestigation, starting on a date not later than the earliest dateon which in accordance with the provisions of this Agreement provisional measures may be applied.5.8 An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volumeof dumped imports, actual or potential, or the injury, is negligible. The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of13 In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques. 14 Members are aware that in the territory of certain Members employees of domestic producers of the like product or representatives of those employees may make or support an application for an investigation under paragraph 1.the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing Member collectively account for more than 7 per cent of imports of the like product in the importing Member.5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance.5.10 Investigations shall, except in special circumstances, be concluded within one year, and in nocase more than 18 months, after their initiation.Article 6Evidence6.1 All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.6.1.1 Exporters or foreign producers receiving questionnaires usedin an anti-dumping 15investigation shall be given at least 30 days for reply. Due consideration should be given to anyrequest for an extension of the 30-day period and, upon cause shown, such an extension should be granted whenever practicable.6.1.2 Subject to the requirement to protect confidential information, evidencepresented in writing by one interested party shall be made available promptlyto other interested parties participating in the investigation.6.1.3 As soon as an investigation has been initiated, theauthorities shall provide。

AGREEMENT ON IMPLEMENTATION OF ARTICLE VIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:PART IArticle 1PrinciplesAn anti-dumping measure shall be applied only under the circumstances provided for in Article VI of GATT 1994 and pursuant to investigations initiated1and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far as action is taken under anti-dumping legislation or regulations.Article 2Determination of Dumping2.1 For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country.2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when, because of the particular market situation or the low volume of the sales in the domestic market of the exporting country2, such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits.2.2.1 Sales of the like product in the domestic market of the exporting country orsales to a third country at prices below per unit (fixed and variable) costs ofproduction plus administrative, selling and general costs may be treated asnot being in the ordinary course of trade by reason of price and may bedisregarded in determining normal value only if the authorities3determine1The term "initiated" as used in this Agreement means the procedural action by which a Member formally commences an investigation as provided in Article 5.2Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient quantity for the determination of the normal value if such sales constitute 5 per cent or more of the sales of the product under consideration to the importing Member, provided that a lower ratio should be acceptable where the evidence demonstrates that domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide for a proper comparison.3When in this Agreement the term "authorities" is used, it shall be interpreted as meaning authorities at an appropriatethat such sales are made within an extended period of time4in substantialquantities5and are at prices which do not provide for the recovery of all costswithin a reasonable period of time. If prices which are below per unit costs atthe time of sale are above weighted average per unit costs for the period ofinvestigation, such prices shall be considered to provide for recovery of costswithin a reasonable period of time.2.2.1.1 For the purpose of paragraph 2, costs shall normally be calculated onthe basis of records kept by the exporter or producer underinvestigation, provided that such records are in accordance withthe generally accepted accounting principles of the exportingcountry and reasonably reflect the costs associated with theproduction and sale of the product under consideration.Authorities shall consider all available evidence on the properallocation of costs, including that which is made available by theexporter or producer in the course of the investigationprovided that such allocations have been historically utilized bythe exporter or producer, in particular in relation toestablishing appropriate amortization and depreciation periodsand allowances for capital expenditures and otherdevelopment costs. Unless already reflected in the costallocations under this sub-paragraph, costs shall be adjustedappropriately for those non-recurring items of cost whichbenefit future and/or current production, or for circumstancesin which costs during the period of investigation are affected bystart-up operations.62.2.2 For the purpose of paragraph 2, the amounts for administrative, selling andgeneral costs and for profits shall be based on actual data pertaining toproduction and sales in the ordinary course of trade of the like product by theexporter or producer under investigation. When such amounts cannot bedetermined on this basis, the amounts may be determined on the basis of:(i) the actual amounts incurred and realized by the exporter or producer inquestion in respect of production and sales in the domestic market ofthe country of origin of the same general category of products;(ii) the weighted average of the actual amounts incurred and realized byother exporters or producers subject to investigation in respect ofproduction and sales of the like product in the domestic market of thecountry of origin;(iii) any other reasonable method, provided that the amount for profit sosenior level.4The extended period of time should normally be one year but shall in no case be less than six months.5Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represents not less than 20 per cent of the volume sold in transactions under consideration for the determination of the normal value.6The adjustment made for start-up operations shall reflect the costs at the end of the start-up period or, if that period extends beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during the investigation.established shall not exceed the profit normally realized by otherexporters or producers on sales of products of the same generalcategory in the domestic market of the country of origin.2.3 In cases where there is no export price or where it appears to the authorities concerned that the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the authorities may determine.2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability.7In the cases referred to in paragraph 3, allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing, should also be made. If in these cases price comparability has been affected, the authorities shall establish the normal value at a level of trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.2.4.1 When the comparison under paragraph 4 requires a conversion of currencies,such conversion should be made using the rate of exchange on the date ofsale8, provided that when a sale of foreign currency on forward markets isdirectly linked to the export sale involved, the rate of exchange in the forwardsale shall be used. Fluctuations in exchange rates shall be ignored and in aninvestigation the authorities shall allow exporters at least 60 days to haveadjusted their export prices to reflect sustained movements in exchange ratesduring the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph 4, theexistence of margins of dumping during the investigation phase shall normallybe established on the basis of a comparison of a weighted average normal valuewith a weighted average of prices of all comparable export transactions or by acomparison of normal value and export prices on a transaction-to-transactionbasis. A normal value established on a weighted average basis may becompared to prices of individual export transactions if the authorities find apattern of export prices which differ significantly among different purchasers,regions or time periods, and if an explanation is provided as to why suchdifferences cannot be taken into account appropriately by the use of a weightedaverage-to-weighted average or transaction-to-transaction comparison.2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an intermediate country, the price at which the7It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have been already made under this provision.8Normally, the date of sale would be the date of contract, purchase order, order confirmation, or invoice, whichever establishes the material terms of sale.products are sold from the country of export to the importing Member shall normally be compared with the comparable price in the country of export. However, comparison may be made with the price in the country of origin, if, for example, the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export.2.6 Throughout this Agreement the term "like product" ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.2.7 This Article is without prejudice to the second Supplementary Provision to paragraph 1 of Article VI in Annex I to GATT 1994.Article 3Determination of Injury93.1 A determination of injury for purposes of Article VI of GATT 1994 shall be based on positive evidence and involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like products, and (b) the consequent impact of these imports on domestic producers of such products.3.2 With regard to the volume of the dumped imports, the investigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms or relative to production or consumption in the importing Member. With regard to the effect of the dumped imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, or whether the effect of such imports is otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree. No one or several of these factors can necessarily give decisive guidance.3.3 Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the margin of dumping established in relation to the imports from each country is more than de minimis as defined in paragraph 8 of Article 5 and the volume of imports from each country is not negligible and (b)a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.3.4 The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential9Under this Agreement the term "injury" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of this Article.negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.3.5 It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth in paragraphs 2 and 4, causing injury within the meaning of this Agreement. The demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports. Factors which may be relevant in this respect include, inter alia, the volume and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and productivity of the domestic industry.3.6 The effect of the dumped imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. If such separate identification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes the like product, for which the necessary information can be provided.3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent.10 In making a determination regarding the existence of a threat of material injury, the authorities should consider, inter alia, such factors as:(i) a significant rate of increase of dumped imports into the domestic marketindicating the likelihood of substantially increased importation;(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumpedexports to the importing Member's market, taking into account the availabilityof other export markets to absorb any additional exports;(iii) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand forfurther imports; and(iv) inventories of the product being investigated.No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.3.8 With respect to cases where injury is threatened by dumped imports, the application of10One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the near future, substantially increased importation of the product at dumped prices.anti-dumping measures shall be considered and decided with special care.Article 4Definition of Domestic Industry4.1 For the purposes of this Agreement, the term "domestic industry" shall be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that:(i) when producers are related11to the exporters or importers or are themselvesimporters of the allegedly dumped product, the term "domestic industry" maybe interpreted as referring to the rest of the producers;(ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and theproducers within each market may be regarded as a separate industry if (a) theproducers within such market sell all or almost all of their production of theproduct in question in that market, and (b) the demand in that market is not toany substantial degree supplied by producers of the product in questionlocated elsewhere in the territory. In such circumstances, injury may be foundto exist even where a major portion of the total domestic industry is not injured,provided there is a concentration of dumped imports into such an isolatedmarket and provided further that the dumped imports are causing injury to theproducers of all or almost all of the production within such market.4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, i.e. a market as defined in paragraph 1(ii), anti-dumping duties shall be levied12 only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member does not permit the levying of anti-dumping duties on such a basis, the importing Member may levy the anti-dumping duties without limitation only if (a) the exporters shall have been given an opportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.4.3 Where two or more countries have reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of integration that they have the characteristics of a single, unified market, the industry in the entire area of integration shall be taken to be the domestic industry referred to in paragraph 1.4.4 The provisions of paragraph 6 of Article 3 shall be applicable to this Article.11For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter.12As used in this Agreement "levy" shall mean the definitive or final legal assessment or collection of a duty or tax.Article 5Initiation and Subsequent Investigation5.1 Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry.5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within the meaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link between the dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant on the following:(i) the identity of the applicant and a description of the volume and value of thedomestic production of the like product by the applicant. Where a writtenapplication is made on behalf of the domestic industry, the application shallidentify the industry on behalf of which the application is made by a list of allknown domestic producers of the like product (or associations of domesticproducers of the like product) and, to the extent possible, a description of thevolume and value of domestic production of the like product accounted for bysuch producers;(ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each knownexporter or foreign producer and a list of known persons importing theproduct in question;(iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of originor export (or, where appropriate, information on the prices at which theproduct is sold from the country or countries of origin or export to a thirdcountry or countries, or on the constructed value of the product) andinformation on export prices or, where appropriate, on the prices at which theproduct is first resold to an independent buyer in the territory of the importingMember;(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic marketand the consequent impact of the imports on the domestic industry, asdemonstrated by relevant factors and indices having a bearing on the state ofthe domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.5.3 The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation.5.4 An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the application expressed13by domestic producers of the like product, that the application has been made by or on behalf of the domestic industry.14The application shall be considered to have been made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry.5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the application for the initiation of an investigation. However, after receipt of a properly documented application and before proceeding to initiate an investigation, the authorities shall notify the government of the exporting Member concerned.5.6 If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation.5.7 The evidence of both dumping and injury shall be considered simultaneously (a) in the decision whether or not to initiate an investigation, and (b) thereafter, during the course of the investigation, starting on a date not later than the earliest date on which in accordance with the provisions of this Agreement provisional measures may be applied.5.8 An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing Member collectively account for more than 7 per cent of imports of the like product in the importing Member.5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance.5.10 Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, after their initiation.13In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques.14Members are aware that in the territory of certain Members employees of domestic producers of the like product or representatives of those employees may make or support an application for an investigation under paragraph 1.Article 6Evidence6.1 All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question.6.1.1 Exporters or foreign producers receiving questionnaires used in ananti-dumping investigation shall be given at least 30 days for reply.15Dueconsideration should be given to any request for an extension of the 30-dayperiod and, upon cause shown, such an extension should be granted wheneverpracticable.6.1.2 Subject to the requirement to protect confidential information, evidencepresented in writing by one interested party shall be made availablepromptly to other interested parties participating in the investigation.6.1.3 As soon as an investigation has been initiated, the authorities shall provide thefull text of the written application received under paragraph 1 of Article 5 tothe known exporters16and to the authorities of the exporting Member andshall make it available, upon request, to other interested parties involved.Due regard shall be paid to the requirement for the protection of confidentialinformation, as provided for in paragraph 5.6.2 Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. To this end, the authorities shall, on request, provide opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. Provision of such opportunities must take account of the need to preserve confidentiality and of the convenience to the parties. There shall be no obligation on any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case. Interested parties shall also have the right, on justification, to present other information orally.6.3 Oral information provided under paragraph 2 shall be taken into account by the authorities only in so far as it is subsequently reproduced in writing and made available to other interested parties, as provided for in subparagraph 1.2.6.4 The authorities shall whenever practicable provide timely opportunities for all interested parties to see all information that is relevant to the presentation of their cases, that is not confidential as defined in paragraph 5, and that is used by the authorities in an anti-dumping investigation, and to prepare presentations on the basis of this information.6.5 Any information which is by nature confidential (for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would15As a general rule, the time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the date on which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the exporting Member or, in the case of a separate customs territory Member of the WTO, an official representative of the exporting territory.16It being understood that, where the number of exporters involved is particularly high, the full text of the written application should instead be provided only to the authorities of the exporting Member or to the relevant trade association.。

反倾销条例（英文版）Anti-dumping Regulation of T he People’s Republic of ChinaDecree [2001] No.328 of the state CouncilThe Anti-Dumping Regulation of the People’’s Republic of China, which were adopted at the 46th executive meeting of the State Council on October 31, 2001, are hereby promulgated, and shall come into force on January 1, 2001. Premier of the State Council: Zhu RongjiNovember 26, 2001Attachment:Anti-dumping Regulation of the People’’s Republic of ChinaChapter I General ProvisionsArticle 1The present Regulation has been enacted in accordance with the relevant provisions of the Foreign Trade Law of the People’’s Republic of China with a view to maintaining foreign trade order and fair competition.Article 2In case that imported products enter the market of the People’’s Republic of China by way of dumping, and cause material damage or constitute a threat of material damage to an already established domestic industry, or cause a material impediment to the establishment of a domestic industry, an investigation shall be conducted and anti-dumping measures shall be taken in accordance with the present Regulation.Chapter II Dumping and DamageArticle 3The term "dumping" shall refer to the entry of imported products into the market of the Peo ple’’s Republic of China, in the ordinary course of trade, with their export price lower than their normal value. The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) shall be responsible for the investigation on and determination of dumping.Article 4The normal value of imported products shall be determined in the following ways on the basis of different circumstances: (1) in case that the products of the same category as that of the imported products have a comparable price in the domestic market of the exporting country (region) in the ordinary course of trade, that comparable price shall be the normal value;(2) in case that the products of the same category as that of the imported products are not sold on the domestic market of the exporting country (region) in the ordinary course of trade, or the price or quantity of the products of the same category cannot be used as a basis for fair comparison, the normal value shall be the comparable price at which the products of the same category are exported to a proper third country (region) or shall be the production cost of the products of the same category in the country (region) of origin plus reasonable expenses and profits.Where the imported products do not directly come from the country (region) of origin, the normal value shall be determined in accordance with Item (1) of the preceding paragraph; however, if the products are transported only through the exporting country (region) or the products are not produced in the exporting country (region) or no comparable price exists in the exporting country (region), etc., the price of the said products of the same category in the country (region) of origin may be regarded as the normal value.Article 5The export price of the imported products shall be determined in the following ways according to different circumstances: (1) in case the imported products have an actual payment price or a payable price, such price shall be the export price;(2) in case the imported products do not have an export price or its price is not reliable, the price presumed on the basis of the price at which the imported products are re-sold for the first time to an independent buyer shall be regarded as the export price; however, if the imported products are not re-sold to an independent buyer or not re-sold in the status when they are imported, the price presumed by the MOFTEC on a reasonable basis may be regarded as the export price. Article 6The margin between the export price of imported products which is lower than their normal value shall be the dumping margin.The export price of the imported products and the normal value shall be compared in a fair and reasonable manner by taking the various comparable factors which may impact the price into consideration.The dumping margin shall be determined with the weighted average normal value and the weighted average price of all the comparable export transactions being compared, or with the normal value and the export price being compared transaction by transaction.Where the export prices are considerably different between different buyers, regions or periods, and thus are difficult to be compared in the ways provided in the preceding paragraph, the weighted average normal value may be compared with the price of a single export transaction.Article 7The term "damage" shall refer to the fact that dumping has caused material damage or constitute a threat of material damage to an already established domestic industry, or caused a material impediment to the establishment of a domestic industry.The State Economic and Trade Commission (hereinafter referred to as the SETC) shall be responsible for the investigation on and determination of damage; while the anti-dumping investigation on the damage to a domestic industry relating to agricultural products shall be conducted by the SETC in collaboration with the Ministry of Agriculture.Article 8When determining the damage caused to a domestic industry by dumping, the following items shall be examined:(1) the quantity of the dumped imports, including a sharp increase in the absolute quantity of the dumped imports or the quantity as compared with the production or consumption of the domestic products of the same category, or the possibility of a sharp increase in the quantity of the dumped imports;(2) the price of the dumped imports, including the price cuts of the dumped imports or the impacts such as great restraint or reduction, etc. to the price of the domestic products of the same category;(3) the impacts of the dumped imports upon the relevant economic factors and targets of the domestic industry;(4) the production capacity, export capability of the exporting country (region) and the country (region) of origin on the dumped imports as well as the inventory of the investigated products;(5) other factors which cause damage to the domestic industry. The threat of material damage shall be determined on the basis of the facts instead of the accusation, presumption or minor possibility.The damage caused by dumping to a domestic industry shall be determined on the basis of affirmative evidence, and no factor other than dumping which causes damage shall be attributed to dumping.Article 9Where the dumped imports come from two or more countries (regions), and meanwhile meet the following conditions, a cumulative evaluation may be conducted upon the impacts caused by the dumped imports to a domestic industry:(1) the dumping margin of the dumped imports from each country (region) shall be no lower than 2%, and the import volume of the products may not be negligible;(2) it is proper to conduct a cumulative evaluation on the basis of the competition conditions between the dumpedimports as well as between the dumped imports and the domestic products of the same category.The term "to be negligible" shall refer to the fact that the proportion of the quantity of the dumped imports from a country (region) to the total import volume of products of the same category shall be lower than 3%; except where the total import volume lower than 3% from some countries (regions) exceeds 7% of the total import volume of the products of the same category.Article 10The evaluated impacts on the dumped imports shall be separately determined with regard to the production of the domestic products of the same category; where they may not be separately determined with regard to the production of the domestic products of the same category, the production of the narrowest product group or scope which includes the products of the same category shall be examined.Article 11Th e term "domestic industry" shall refer to all the manufacturers within the People’’s Republic of China of the domestic products of the same category or the manufacturers within the People’’s Republic of China whose total output accounts for the major part of the aggregate output of the domestic products of the same category; however, if a domestic manufacturer is associated with an export business operator or import business operator, or he himself is an import business operator of the dumped imports, he may be excluded from the domestic industry.Where, under particular circumstances, the domestic manufacturers in a regional market sell the whole or nearly the whole of the products of the same category in the said market, and the products of the same category in the said market are not mainly supplied by the domestic manufacturers of other places, they may be regarded as a separate industry. Article 12The term "products of the same category" shall refer to the products identical to the dumped imports; where there are no identical products, the products which are most similar to the features of the dumped imports shall be the products of the same category.Chapter III Anti-Dumping InvestigationsArticle 13A domestic industry or a natural person, legal person or relevant organization representing a domestic industry (hereinafter uniformly referred to as the applicant) may file a written application on anti-dumping investigation to the MOFTEC in accordance with these Rules.Article 14The application letter shall contain the following contents:(1) name, address and relevant information of the applicant;(2) complete specifications on the imported products under application for investigation, including product name, the exporting country (region) or country (region) of origin involved, the known export business operator or manufacturer, information on the price of the products when they are consumed in the domestic market of the exporting country (region) or country (region) of origin, information on export price, etc.;(3) a statement on the quantity and value of the domestic products of the same category;(4) the impacts of the quantity and price of the imported products under application for investigation on the domestic industry;(5) other contents which the applicant considers it necessary to state.Article 15The application letter shall be attached with the following evidence:(1) the existence of dumping of the imported products under application for investigation;(2) the damage to domestic industry;(3) the causal link between the dumping and damage.Article 16The MOFTEC shall, within 60 days as of its receipt of the application letter and the relevant evidence submitted by the applicant, examine whether the application is filed by the domestic industry or filed by representing the domestic industry, the contents of the application letter and the evidence attached to it, etc., and shall, upon consultation with the SETC, decide to initiate an investigation or not.The MOFTEC shall, before deciding to initiate an investigation, notify the government of the relevant exporting country (region).Article 17Where, among the manufacturers in a domestic industry who are in favor or disfavor of the application, the output of those who are in favor accounts for 50% or more of the total output of those who are in favor and disfavor, it shall be deemed that the application is filed by the domestic industry or filed by representing the domestic industry, and the anti-dumping investigation may be initiated; however, if the output of the domestic manufacturers who support the application is less than 25% of the total output of the domestic products of the same category, the anti-dumping investigation shall not be initiated.Article 18Where, under particular circumstances, the MOFTEC does not accept the written application for anti-dumping investigation, but has sufficient evidence to believe that there exist a dumping and damages and there is a causal link between the dumping and damages, it may, upon consultation with the SETC, decide to initiate an investigation.The MOFTEC or the SETC is hereinafter uniformly referred to as the investigation organ.Article 19The decisions on initiating an investigation shall be announced by the MOFTEC, and shall be notified to the applicant, the known export business operators and import business operators, the government of the exporting country (region) as well as other interested organizations or individuals (hereinafter uniformly referred to as the interested parties).Once the decisions on initiating an investigation is announced, the MOFTEC shall provide the known export business operators and the government of the exporting country (region) with a copy of the application letter.Article 20The investigation organ may obtain information from the interested parties and conduct the investigation by means of questionnaires, samples, hearings and on-the-spot checks, etc..The investigation organ shall provide the relevant interested parties with opportunities for stating their viewpoints and grounds of argument.The MOFTEC may, when considering it necessary, send functionaries to the relevant country (region) for conducting the investigation, except where the relevant country (region) concerned objects to the investigation.Article 21When the investigation organ is conducting an investigation, the interested parties shall tell the truth and provide relevant materials. Where the interested parties fail to tell the truth or fail to provide relevant materials, or fail to provide necessary information within a reasonable time limit, or seriously hamper the investigation in other forms, the investigation organ may make an adjudication on the basis of the already obtained facts and the best available information.Article 22Where the interested parties consider that the divulgence of the materials provided by them will cause seriously bad effects, they may apply to the investigation organ for treating the materials as confidential.Where the investigation organ considers the application for confidentiality is justified, it shall treat the materialsprovided by the interested parties as confidential, and meanwhile request the interested parties to provide a copy of non-confidential outline of the materials.The materials treated as confidential materials shall not be divulged without the consent of the interested parties who provide them.Article 23The investigation organ shall permit the applicant and the interested parties to have access to the relevant materials of the case, except where the materials are treated as confidential.Article 24The MOFTEC and the SETC shall, upon the investigation result, make separate an initial award on dumping and damage as well as on whether the causal link between the dumping and damage is tenable, which shall be announced by the MOFTEC.Article 25Where the initial award affirms the dumping and damage as well as the causal link between the dumping and damage, the MOFTEC and the SETC shall continue the investigation on the dumping, the dumping margin, the damage and its extent, and shall make separate a final award upon the investigation result, which shall be announced by the MOFTEC.Before the making of the final award, the MOFTEC shall notify all the known interested parties of the basic facts upon which the final award is made.Article 26An anti-dumping investigation shall be ended within 12 months as of the date of announcement of the decision on initiating the investigation; under particular circumstances, the time limit may be extended, provided that the extension shall not exceed 6 months.Article 27Under any of the following circumstances, the anti-dumping investigation shall be terminated and be announced by the MOFTEC:(1) the applicant revokes the application;(2) there is not enough evidence to prove the existence of dumping, damage or the causal link between the dumping and damage;(3) the dumping margin is lower than 2%;(4) the actual or potential import volume of the dumped imports or the damage is negligible;(5) the MOFTEC and the SETC both consider it is not appropriate to continue the anti-dumping investigation.Where the investigated products from one or more countries (regions) are under any of the circumstances listed in Items (2), (3), and (4) of the preceding paragraph, the anti-dumping investigation with regard to the involved products shall be terminated.Chapter IV Anti-Dumping MeasuresSection 1 Provisional Anti-Dumping MeasuresArticle 28Where the initial award affirms the dumping and the consequent damage to a domestic industry, the following provisional anti-dumping measures may be taken:(1) to levy provisional anti-dumping tariffs;(2) to request the provision of cash deposits, guaranty letter or other forms of guaranty. The amount of the provisional anti-dumping tariffs, the cash deposits, the guaranty letter and other forms of guaranty shall not exceed the dumping margin ascertained in the initial awards.Article 29The levy of the provisional anti-dumping tariffs shall be proposed by the MOFTEC and be decided on by the Tariff Policy Committee under the State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The request for the provision of cash deposits, guaranty letter or other forms of guaranty shall be decided on and announced by the MOFTEC. The customs shall implement the decision as of the date provided in the announcement. Article 30The time limit for the provisional anti-dumping measures shall not exceed 4 months as of the date of entry into force of the announcement of the decisions on provisional anti-dumping measures; however, such time limit may be extended to 9 months under particular circumstances.No provisional anti-dumping measure shall be taken within 60 days as of the date when the decisions on initiating an anti-dumping investigation is announced.Section 2 Pricing CommitmentsArticle 31The export business operators of the dumped imports may, during the period of anti-dumping investigation, make pricing commitments to the MOFTEC on changing the price or ceasing export at a dumping price.The MOFTEC may propose suggestions on pricing commitments to the export business operators.The investigation organ may not force the export business operators to make pricing commitments.Article 32The export business operators’’ refusal to make pricing commitments or to accept the suggestions on pricing commitments shall not hamper the investigation of and determination on the anti-dumping cases. Where the export business operators continue dumping the imported products, the investigation organ shall have the right to determine that the threat of damage is more possible to arise.Article 33Where the MOFTEC considers the pricing commitments made by the export business operators are acceptable, it may, upon consultation with the SETC, decide to suspend or terminate the anti-dumping investigations, instead of taking any provisional anti-dumping measure or levying anti-dumping tariffs. The decisions on suspending or terminating the anti-dumping investigation shall be announced by the MOFTEC.Where the MOFTEC does not accept the pricing commitments, it shall state the reason to the relevant export business operators.The investigation organ shall not, before making an affirmative initial award on dumping and damage caused therefrom, seek or accept pricing commitments.Article 34After suspending or terminating the anti-dumping investigation in accordance with Paragraph 1 ofArticle 33 of the present Regulation, the investigation organ may, upon request by the export business operators or if considering it necessary, continue investigating the dumping and damage.Upon the investigation result as mentioned in the preceding paragraph, if a negative award on dumping or damageis made, the pricing commitments shall automatically become invalid; while if an affirmative award on dumping or damage is made, the pricing commitments shall continue to be valid.Article 35The MOFTEC may require the export business operators to regularly provide the relevant information and materials for implementing the pricing commitments, and may verify such information and materials.Article 36In case any export business operator violates its pricing commitments, the MOFTEC may, upon consultation with the SETC, immediately decide to resume the anti-dumping investigation in accordance with the present Regulation; and may,upon the best available information, decide to take the provisional anti-dumping measures, as well as retrospect to the levy of the anti-dumping tariffs on the products imported within 90 days before the provisional anti-dumping measures were taken, except where the products were imported before the pricing commitments are violated.Section 3 Anti-dumping tariffsArticle 37Where the final adjudication decisions establish the dumping and the consequent damage caused to the domestic industry, the anti-dumping tariffs may be levied.Article 38The levy of the anti-dumping tariffs shall be proposed by the MOFTEC and be decided on by the Tariff Policy Committee under the State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The customs shall execute such levy as of the date provided in the announcement.Article 39The anti-dumping tariffs shall be applicable to the products imported after the final award has been announced, exceptfor the circumstances provided inArticle s 36, 43 and 44 of the present Regulation.Article 40The taxpayers of the anti-dumping tariffs shall be the import business operators of the dumped imports.Article 41The anti-dumping tariffs shall be separately determined on the basis of the dumping margins of different export business operators. Where the anti-dumping tariffs needs to be levied upon the dumped imports of the export business operators beyond the scope of examination, the applicable anti-dumping tariffs shall be determined in a reasonable method.Article 42The amount of anti-dumping tariffs shall not exceed the dumping margin determined in the final adjudication decision. Article 43Where the final award affirms the existence of the material damage, and prior to which a provisional anti-dumping measure has been taken, the anti-dumping tariffs may be levied in retrospect to the period of the provisional anti-dumping measure.Where the final award affirms the existence of the threat of material damage, and a provisional anti-dumping measure has been taken under the circumstance that an adjudication of material damage will be made if no provisional anti-dumping measure has been taken in advance, the anti-dumping tariffs may be levied in retrospect to the period of the provisional anti-dumping measure.Where the anti-dumping tariffs determined in the final award is higher than the paid or payable provisional anti-dumping tariffs or the amount valuated for the sake of guaranty, the difference shall not be collected; where it is lower than the paid or payable provisional anti-dumping tariffs or the amount valuated for the sake of guaranty, the difference shall be refunded upon the specific circumstance or the amount of the duty shall be re-calculated.Article 44Where the following two circumstances coexist, the anti-dumping tariffs may be retrospectively levied upon the products imported within 90 days before the provisional anti-dumping measures were taken, except for the products imported prior to the initiation of the investigation:(1) the dumped imports has a record of dumping causing damage to the domestic industry, or the import business operators of the products know or ought to know that the export business operators are dumping products and that dumping would lead to damage to domestic industry;(2) the dumped imports are massively imported within a short period, and are possible to seriously destroy the remedialeffect of the anti-dumping tariffs to be levied immediately.Article 45Where the final award determines not to levy the anti-dumping tariffs or not to retrospectively levy the anti-dumping tariffs, the levied provisional anti-dumping tariffs and the collected cash deposits shall be refunded, and the guaranty letter or other forms of guaranty shall be cancelled.Article 46Where an import business operator of dumped imports has evidence to prove that the amount of paid anti-dumping tariffs exceeds the dumping margin, he may apply to the MOFTEC for refund of the tariffs levied; after the MOFTEC has examined and verified the application and proposed the refund, the Tariff Policy Committee under the State Council may, upon the proposition of the MOFTEC, make the decision on the refund, and the customs shall execute the refund. Article 47Where, after the anti-dumping tariffs has been levied upon the imported products, a new export business operator who has not exported such products to the People’’s Republic of China within the period of investigation but could prove the irrelevance between he himself and the export business operator against who anti-dumping tariffs were levied, he may apply to the MOFTEC for separate determination of the dumping margin. The MOFTEC shall make a rapid examination and make a final award. It may, during the period of examination, take the measures provided in Item (2) of Paragraph 1 ofArticle 28 of the present Regulation, provided it shall not levy the anti-dumping tariffs upon these products.Chapter V Time Limit for and Re-examination of Anti-dumping tariffs and Pricing CommitmentsArticle 48Neither the time limit for levying the anti-dumping tariffs nor that for implementing the pricing commitments shall exceed 5 years; however, where it is re-examined and determined that the termination of the levy of the anti-dumping tariffs is possible to lead to the continuance or re-occurrence of the dumping or damage, the time limit for levying the anti-dumping tariffs may be appropriately extended.Article 49After the anti-dumping tariffs has taken effect, the MOFTEC may, with a justifiable reason and upon consultation with the SETC, decide to re-examine the necessity of continuing the levying of anti-dumping tariffs; it may also, after a reasonable period of time, upon the request of the interested parties and after having examined the corresponding evidence provided by the interested parties, decide to re-examine the necessity of continuing the levying of anti-dumping tariffs.After the pricing commitments have taken effect, the MOFTEC may, with a justifiable reason, decide to re-examine the necessity of continuing to implement the pricing commitments; it may also, after a reasonable period of time, upon the request of the interested parties and after having examined the corresponding evidence provided by the interested parties, decide to re-examine the necessity of the continuing to implement the pricing commitments.Article 50The reservation, amendment or cancellation of the anti-dumping tariffs shall be proposed by the MOFTEC upon the re-examination result and in accordance with the present Regulation, shall be decided by the Tariff Policy Committee under the State Council upon the proposition of the MOFTEC, and shall be announced by the MOFTEC. The MOFTEC may also, in accordance with the present Regulation and upon consultation with the SETC, make the decision on reserving, amending or canceling the pricing commitments and shall announce such decision.Article 51The re-examination procedures shall be followed with reference to the relevant provisions in the present Regulation on anti-dumping investigations.The time limit for re-examination shall not exceed 12 months, commencing from the date when the re-examination。