Ministry of Foreign Trade and Economic Cooperation, Response to Anti-dumping Actions Against Exports Provisions

Promulgated: 11 October 2001
Effective: as of date of promulgation
Interpreting authority: Ministry of Foreign Trade and Economic Cooperation (MOFTEC)
Applicability: These Provisions apply to the forewarning of, response to and review of anti-dumping investigations against Chinese exports (Article 2).

Main contents: The Provisions provide that when any Chinese exports are subject to an anti-dumping investigation, the manufacturers and exporters of such products shall actively participate in the response to such investigations (Article 3). Relevant local foreign trade authorities, chambers of importers and exporters and associations of foreign investment enterprises shall provide organizational and coordinating assistance in such responses, including assisting the enterprises in retaining legal advisors to attend hearings held by foreign investigators, to present defences in the hearings, to deal with on-site inspections by foreign investigators, submitting proposals to MOFTEC on implementing the principle of "those who participate in the response benefit", and monitoring and analyzing the change in the export of products subject to anti-dumping investigations (Articles 4 and 5). Legal advisors to be retained for responses to anti-dumping investigations may not have acted for the investigating country or territory against Chinese exports in the last three years (Article 15). If the products being investigated exceed US$50 million in export value or are a major export item of China, or if the cost involves many enterprises, the entities preparing the response shall consult MOFTEC on the selection of legal advisors (Article 18). The Provisions also specify the duties of China's foreign trade representatives stationed abroad in responses to anti-dumping investigations (Article 26).

Related legislation: PRC, Foreign Trade Law, May 12 1994, CLP 2004 No.4 p34