中华人民共和国反倾销条例（修正） State Council, PRC Anti-dumping Regulations (Revised)1

国务院令第401号

（Promulgated by the State Council on 26 November 2001， revised according to the > Decision> on 31 March 2004， and effective as of 1 June 2004.）

颁布日期：20040331 　实施日期：20040601 　颁布单位：国务院

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the relevant provisions of the PRC， Foreign Trade Law to maintain order in foreign trade activities and to safeguard fair competition.

　　Article 2　Where products imported into the market of the People's Republic of China by way of dumping result in substantial injury or the threat of substantial injury to a related domestic industry that has already been established， or substantially impede the establishment of a related domestic industry， investigations shall be conducted and anti-dumping measures taken in accordance with these Regulations.

　　PART TWO　DUMPING AND INJURY

　　Article 3　Dumping means the entrance into the market of the People's Republic of China of an imported product at an export price lower than its normal value in the ordinary course of trade.

　　The Ministry of Commerce shall be responsible for the investigation and determination of dumping.

　　Article 4　The normal value of an imported product shall be determined in accordance with the following methods：

　　1. where there is a comparable price for a product that is the same as the imported product in the market of the country （region） of export in the ordinary course of trade， that comparable price shall be the normal value； or

　　2. where there are no sales of the product that is the same as the imported product in the market of the country （region） of export in the ordinary course of trade， or the price or quantity of such product cannot be compared with that of the imported product on a fair basis， the comparable price for export of the product to a proper third country （region）， or the cost of the same product in the original country （region） of its production plus reasonable expenses and profit， shall be the normal value.

　　If a product is not imported directly from its country （region） of origin， its normal value shall be determined in accordance with the provisions of Item one of the preceding paragraph； where the imported product is only in transit through the country （region） of export and there is no production of the product， nor a comparable price in the country （region） of export， the price of the same product in its country （region） of origin shall be the normal value.

　　Article 5　The export price of an imported product shall， in the light of different circumstances， be determined in accordance with the following methods：

　　1. where there is a purchase price that has been paid or a purchase price that is payable for the imported product， that price shall be the export price； or

　　2. where there is no export price to be found for the imported product or the export price is not reliable， the price inferred from the first resale price to an independent purchaser shall be the export price； where the imported product is not resold to an independent purchaser or it is not sold in its original form when it is imported， the price inferred on a reasonable basis by the Ministry of Commerce shall be the export price.

　　Article 6　The margin by which the export price for an imported product is lower than its normal value shall be the dumping margin.

　　The export price and normal value of an imported product shall be compared on a reasonable and fair basis， taking into account all the comparable factors that may have effects on the price.

　　In determining the dumping margin， the weighted average normal value shall be compared with the weighted average price of the product in all the export transactions involving the product， or the average value shall be compared with the export price

on a transaction-by-transaction basis.

　　Where the export price varies significantly for different purchasers， in different districts or in different periods and a comparison in accordance with the method specified in the above paragraph is not possible， the weighted average normal value may be compared with the price for individual export transactions.

　　Article 7　Injury means substantial injury or the threat of substantial injury to a related domestic industry that has already been established caused by dumping or substantial impediment to the establishment of a related domestic industry because of dumping.

　　The Ministry of Commerce shall be responsible for the investigation and determination of injury. Investigations of injury related to domestic industries involving agricultural products shall be conducted by the Ministry of Commerce in conjunction with the Ministry of Agriculture.

　　Article 8　In determining the injury caused by dumping to a related domestic industry， the following items shall be examined：

　　1. the volume of the dumped products， including the absolute quantity of the dumped product or the increased quantity of the dumped product as compared to the same product produced or consumed in China or the probability of a large increase of imports；

　　2. the price of the dumped product， including price decreases of the dumped product or the impact of the price of the dumped product on the price of the same product in China in the form of a significant suppression or lowering of the latter price；

　　3. the impact of the dumped product on related economic factors and indexes of the related domestic industry；

　　4. the production capacity， export capacity and stockpiles of the dumped product in the country （region） of export and the country （region） of production； and

　　5. other factors that cause injury to the related domestic industry.

　　The determination of a threat of injury shall be made based on facts， but not on the basis of accusations， inferences or remote possibilities.

　　The determination of injury to a related domestic industry caused by dumping shall be made according to definite evidence； injury not related to dumping shall not be attributed to dumping.

　　Article 9　If a dumped product is imported from two or more countries （regions） and both of the following conditions are true， the impact of that imported product on the related domestic industry may be assessed cumulatively：

　　1. the dumping margin of the dumped product from each country （region） is not less than 2% and the quantity of its import is not negligible； and

　　2. a cumulative assessment is appropriate in view of the conditions for competition between the dumped product that has been imported and between that imported product and the same product produced in China.

　　Negligible means that the quantity of the dumped product imported from one country （region） is less than 3% of the total quantity of the product imported， but an exception shall be made if the quantity of the dumped product from one of a group of countries （regions） accounts for less than 3%， but the total quantity of the product from this group is more than 7% of the total quantity of all imports of the product.

　　Article 10　The impact of a dumped product on a related domestic industry shall be assessed with reference only to the same product produced in China and， if that is not possible， reference shall be made to the narrowest group of products or the narrowest scope of production covering a product of the same kind produced in China.

　　Article 11　A domestic industry means all producers of the like product within the territory of the People's Republic of China， or producers whose total output of the same product accounts for the majority of output of the same product in China. However， if a domestic producer is affiliated with the exporter or im

porter of the dumped product， or itself is an importer of the dumped product， that producer may be excluded.

　　In special cases， producers for a regional market in which such producers sell all or nearly all their products of the same kind and in which the demand for the same product is not met by a supply from producers in other districts of China may be regarded as a separate industry.

　　Article 12　Like product means a product that is the same as the dumped product； where there is not a product that is the same as the dumped product， a product very closely resembling the dumped product shall be regarded as the like product.

　　PART THREE　ANTI-DUMPING INVESTIGATION

　　Article 13　A domestic industry or a natural person， legal person or relevant organization representing the domestic industry （the Petitioner） may lodge a written application for an anti-dumping investigation with the Ministry of Commerce in accordance with the provisions of these Regulations.

　　Article 14　An application shall include the following items：

　　1. the name， address and other relevant information of the Petitioner；

　　2. a full description of the imported product in which an investigation is sought， including the name of the product， the country （countries） （region（s）） of export or the country （countries） （region（s）） of origin concerned， the known exporter（s） or producer（s）， information on the price at which the product concerned is consumed on the domestic market（s） of the country （countries） （region（s）） of export or of the country （countries） （region（s）） of production， information on the export price， etc.；

　　3. the quantity and value of the like product produced in China；

　　4. the impact of the quantity and price of the imported product on the related d

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