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

of the exporter or， if the Ministry of Commerce deems it necessary， it may resume the investigation of the dumping and the injury.

　　The price undertaking shall automatically cease to be effective if the finding on the dumping or the injury based on the investigation is negative， while the price undertaking shall con

tinue to be effective if the finding on the dumping and the injury based is positive.

　　Article 35　The Ministry of Commerce may request the exporter to regularly provide information and data on performance of its price undertaking and the Ministry of Commerce shall verify such information and data.

　　Article 36　If the exporter has breached its price undertaking， the Ministry of Commerce may decide to resume the anti-dumping investigation immediately in accordance with the provisions hereof. It may， on the basis of the best information available， adopt provisional anti-dumping measures and， in addition， impose an anti-dumping duty on the product imported within 90 days prior to the adoption of the provisional anti-dumping measures， excluding the products imported before the breach of the price undertaking.

　　Section Three： Anti-dumping Duty

　　Article 37　If the final finding determines that injury has occurred to a domestic industry as a result of dumping， an anti-dumping duty may be imposed. Imposition of anti-dumping duty shall be in the public interest.

　　Article 38　In imposing an 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. Customs shall implement the decision as of the date specified in the announcement.

　　Article 39　The anti-dumping duty is applicable to products imported after the final finding is publicly announced， except in cases specified in Articles 36， 43， and 44 hereof.

　　Article 40　The anti-dumping duty shall be paid by the importer of the dumped product.

　　Article 41　The rate of the anti-dumping duty shall be determined separately according to the dumping margin of each exporter. If anti-dumping duty needs to be imposed on products of which the exporters are not included in the anti-dumping investigation， the rate of the anti-dumping duty shall be determined on a reasonable and fair basis.

　　Article 42　The amount of the anti-dumping duty shall not exceed the dumping margin determined by the final finding.

　　Article 43　If the final finding determines that substantial injury has occurred and previous provisional anti-dumping measures have been applied， the anti-dumping duty may be retroactively imposed for the period in which provisional anti-dumping measures have been implemented.

　　If the final finding determines that there exists a threat of substantial injury and previous provisional anti-dumping measures have been applied under circumstances where， if pre-emptive provisional anti-dumping measures were not adopted， it would lead to a final finding that substantial injury would occur， the anti-dumping duty may be retroactively imposed for the period in which provisional anti-dumping measures have been implemented.

　　If the anti-dumping duty determined in the final finding is higher than the provisional anti-dumping duty that has been paid or is payable or than the estimated amount for the guarantee， the difference shall not be paid； if the anti-dumping duty determined by the final finding is lower than the provisional anti-dumping duty that has been paid or is payable or than the estimated amount for the guarantee， the difference shall be refunded on the basis of the specific conditions or the amount of the duty shall be re-calculated.

　　Article 44　If the following two circumstances exist concurrently， the anti-dumping duty may be imposed retroactively on the dumped product imported within 90 days before the date on which the provisional anti-dumping measures began to be implemented， excluding products imported before the anti-dumping investigation began：

　　1. the dumping of the dumped product has previously caused injury to a domestic industry or the importer of that dumped product knows or should

have known that the exporter of that product is dumping that product and that the dumping will cause injury to a domestic industry； and

　　2. a large quantity of the dumped product has been imported within a short period of time and the remedial effect of the anti-dumping duty to be adopted may possibly be seriously undermined.

　　Where， after the Ministry of Commerce has initiated investigation， there is sufficient evidence to prove that the two circumstances listed in the preceding paragraph exist concurrently， it may adopt the necessary measures such as import registration towards the relevant dumped product in order to retroactively impose anti-dumping duty.

　　Article 45　If the final finding determines that no anti-dumping duty shall be imposed or the finding does not provide for a retroactive imposition of the anti-dumping duty， the provisional anti-dumping duty and deposit already collected shall be refunded and the letter of guarantee and other types of guarantee shall be released.

　　Article 46　An importer of the dumped product who has definite evidence that the amount of the anti-dumping duty already paid exceeds the dumping margin may apply to the Ministry of Commerce for a rebate. The Ministry of Commerce shall verify the application and， after confirmation， make a suggestion， and the State Council Commission for Custom Duty Rules may， on the basis of the suggestion， make a decision for the rebate. The decision shall be implemented by customs.

　　Article 47　After the anti-dumping duty is imposed on the dumped product， if a new exporter of the product who did not export that product to the People's Republic of China within the period of investigation is able to prove that it is not associated with any of the exporters on whom anti-dumping duties have been imposed， it may apply to the Ministry of Commerce for a separate determination for its dumping margin. The Ministry of Commerce shall immediately make an examination and then a final finding. In the process of the examination， the measures specified in Item （2） of Paragraph One of Article 28 hereof may be applied， but no anti-dumping duty shall be imposed on that product.

　　PART FIVE　TIME LIMIT FOR ANTI-DUMPING DUTY AND PRICE UNDERTAKING AND REVIEW

　　Article 48　The time limit for the imposition of anti-dumping duty and the performance of the price undertaking shall not exceed five years. If a review determines that the termination of the anti-dumping duty may result in the continuation or recurrence of the dumping and injury， the time limit for the imposition of the anti-dumping duty may reasonably be extended.

　　Article 49　After the anti-dumping duty is imposed， the Ministry of Commerce may， with good reasons， decide to make a review of the necessity to continue the imposition of the anti-dumping duty. After a reasonable period of time， the Ministry of Commerce may also decide to make a review of such necessity at the request of an Interested Party after examination of the relevant supporting documents provided by that interested party.

　　After the price undertaking comes into effect， the Ministry of Commerce may， with good reasons， decide to make a review of the necessity to continue the performance of the price undertaking. After a reasonable period of time， the Ministry of Commerce may also decide to make a review of such necessity at the request of an Interested Party after examination of the relevant supporting documents providedby that Interested Party.

　　Article 50　The Ministry of Commerce may， on the basis of findings of the review， propose to retain， modify or revoke the anti-dumping duty in accordance with the provisions hereof and the State Council Commission for Custom Duty Rules shall， on the basis of the suggestion， make a decision. The decision shall be publicly announced by the Ministry of Commerce. The Ministry of Commerce may also make a decision to retain， modify or revok

e the price undertaking in accordance with the provisions hereof and publicly announce the decision.

　　Article 51　For the procedure of a review， reference shall be made to the relevant provisions relating to anti-dumping investigations hereunder.

　　The time limit for the review shall not exceed 12 months from the date on which the decision for the review was made.

　　Article 52　In the process of the review， the review procedure shall not affect the implementation of the anti-dumping measures.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 53　Any party who objects to the final finding made under the provisions of Article 25 hereof， or to the decision on the imposition of the anti-dumping duty and the decision made under the provisions of Part Four hereof on the retroactive imposition of duty， duty rebate or the imposition of duty on new exporters， or to the decision for a review under the provisions of Part Five hereof may apply for an administrative review and may also bring an action in the people's court according to the law.

　　Article 54　A public announcement made under the provisions hereof shall state important situations， facts， reasons， evidence， results and conclusions.

　　Article 55　The Ministry of Commerce may take proper measures to prevent activities for evading the anti-dumping measures.

　　Article 56　If any country （region） has applied discriminatory anti-dumping measures to goods exported from the People's Republic of C

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