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

omestic industry； and

　　5. other information the Petitioner deems necessary.

　　Article 15　The following supporting documents shall be attached to the application：

　　1. evidence of dumping of the imported product in which an investigation is sought；

　　2. evidence of injury caused to the domestic industry； and

　　3. evidence of causation between the dumping and the injury.

　　Article 16　Within 60 days after receiving a Petitioner's written application and relevant supporting documents， the Ministry of Commerce shall examine the qualifications of the Petitioner as the domestic industry or representative of the domestic industry， the contents of the application and the attached supporting documents and shall decide whether the case should or should not be filed for investigation.

　　Prior to the decision to initiate an investigation， the government（s） of the country （countries） of export concerned shall be notified thereof.

　　Article 17　Among the supporters and the opponents to an application， if the output of the supporters accounts for more than 50% of the total output of both the supporters and the opponents， the application shall be deemed to have been lodged by the domestic industry or on behalf of the domestic industry and the investigation shall be activated； if the production of the domestic supporters for the application accounts for less than 25% of the total output of the same product produced in China， an investigation shall not be initiated.

　　Article 18　In special cases， even if the Ministry of Commerce has not received a written application for investigation， it may decide to initiate an investigation if there is sufficient evidence that dumping and injury have occurred and there is definite causation between the dumping and the injury.

　　Article 19　The decision to initiate an investigation shall be publicly announced by the Ministry of Commerce， and the Petitioner， the known exporter（s） and importer（s）， the government（s） of the country （countries） （region（s）） and other interested organizations and individuals （collectively， the Interested Partie

s） shall be notified thereof.

　　Upon announcing the decision to initiate the investigation， the Ministry of Commerce shall provide copies of the text of the application to the known exporter（s） and the government（s） of the country （countries） （region（s）） of export.

　　Article 20　The Ministry of Commerce may collect information from the Interested Parties and conduct the investigation by means of questionnaires， sample-taking， hearing sessions， on-the-spot verifications and other methods.

　　The Ministry of Commerce shall provide opportunities for the Interested Parties to state their opinions and arguments.

　　The Ministry of Commerce may， when it considers it necessary， send personnel to a country （region） concerned for an investigation； however， an exception shall be made if the country （region） concerned objects.

　　Article 21　When the Ministry of Commerce conducts an investigation， the Interested Parties shall report the situation accurately and provide relevant information. If an Interested Party fails to report the situation accurately or to provide relevant information， or fails to provide necessary information within a reasonable period of time， or adopts other means to impede the investigation， the Ministry of Commerce may make a ruling based on the facts already obtained and the best information available.

　　Article 22　If an Interested Party believes that any disclosure of the information it has provided will cause serious harm， the party may request the Ministry of Commerce to treat such information as confidential.

　　If the Ministry of Commerce deems such request to be well grounded， they shall treat the information provided by the Interested Party as confidential and request the said party to supply a non-confidential abstract of such information.

　　The information treated as confidential shall not be disclosed without the permission of the party who has provided such information.

　　Article 23　The Ministry of Commerce shall allow the Petitioner and Interested Parties to access the files of the case with the exception of the information treated as confidential.

　　Article 24　The Ministry of Commerce shall， on the basis of investigation findings， determine preliminarily whether the dumping， the injury and the causation between the dumping and the injury are substantiated and announce such preliminary finding publicly.

　　Article 25　If the preliminary finding confirms dumping and injury and causation between the two， the Ministry of Commerce shall continue the investigation on the dumping and dumping margin as well as the injury and the extent of injury. They shall make final findings respectively based on their investigations， and the final findings shall be announced publicly.

　　Prior to the making of the final findings， the Ministry of Commerce shall notify all the known Interested Parties of the basic facts according to which the final findings are to be made.

　　Article 26　An anti-dumping investigation shall be completed within 12 months from the date when the decision to investigate the case was announced； under special circumstances， the period may be extended， but the extended period shall not be more than six months.

　　Article 27　An anti-dumping investigation shall be terminated in any of the following circumstances and a public announcement shall be made by the Ministry of Commerce：

　　1. where the Petitioner withdraws the application；

　　2. where there is insufficient evidence that dumping and injury have occurred or that there is causation between the dumping and the injury；

　　3. where the dumping margin is less than 2%；

　　4. where the actual or potential quantity of the imported product or the injury caused is negligible； or

　　5. where the Ministry of Commerce deems that it is no longer appropriate to continue the anti-dumping investigation.

　　Where any of

the circumstances listed in Item （2）， （3） or （4） of the preceding paragraph is applicable to the products of one or some of the countries （regions）， the anti-dumping investigations involving those products shall be terminated.

　　PART FOUR　ANTI-DUMPING MEASURES

　　Section One： Provisional Anti-dumping Measures

　　Article 28　If a preliminary finding determines that injury to a domestic industry as a result of dumping has occurred， the following provisional anti-dumping measures may be adopted：

　　1. a provisional anti-dumping duty； or

　　2. a request for a deposit， a letter of guarantee or other types of guarantee.

　　The amount of the provisional anti-dumping duty and the amount of the deposit， a letter of guarantee or other types of guarantee shall not exceed the dumping margin as determined by the preliminary finding.

　　Article 29　In imposing a provisional anti-dumping duty， the Ministry of Commerce shall make a suggestion and the State Council Commission for Custom Duty Rules shall， on the basis of the suggestion， make a decision and the decision shall be publicly announced by the Ministry of Commerce. With regard to a request to be made for a deposit， a letter of guarantee， or other types of guarantee， the Ministry of Commerce shall make the decision and publicly announce such decision. Customs shall implement such decisions as of the date specified in the public announcement.

　　Article 30　The time limit for imposing provisional anti-dumping measures shall not exceed four months from the date specified in the public announcement on the provisional anti-dumping measures. Under special circumstances， the time limit may be extended to nine months.

　　No provisional anti-dumping measures shall be imposed within 60 days of the public announcement of the anti-dumping investigation.

　　Section Two： Price Undertaking

　　Article 31　During the period of anti-dumping investigation， the exporter of the dumped product may propose to the Ministry of Commerce to undertake to change the price or to stop exporting at dumping price levels.

　　The Ministry of Commerce may make price undertaking proposals to the exporter.

　　The Ministry of Commerce shall not force the exporter to make price undertakings.

　　Article 32　Failure of the exporter to make a price undertaking or to accept a price undertaking proposal shall not affect the anti-dumping investigation and the findings of the investigation. If the exporter continues to dump the imported product， the Ministry of Commerce shall have the right to determine that a threat of injury is increasing.

　　Article 33　When the Ministry of Commerce determines that a price undertaking is acceptable and in the public interest， it may decide to suspend or terminate the anti-dumping investigation and not to adopt provisional anti-dumping measures or impose a provisional anti-dumping duty. The decision on the suspension or termination of the anti-dumping investigation shall be publicly announced by the Ministry of Commerce.

　　If the Ministry of Commerce rejects the price undertaking， it shall give reasons to the exporter concerned.

　　The Ministry of Commerce shall not seek or accept price undertakings prior to making a preliminary finding that dumping and injury resulting from dumping has actually occurred.

　　Article 34　After suspension or termination of the anti-dumping investigation in accordance with the provisions of Paragraph One of Article 33 hereof， the Ministry of Commerce shall resume the investigation of the dumping and the injury at the request

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