中华人民共和国反补贴条例（修订） PRC Anti-subsidy Regulations (Revised) 1

国务院令第402号

（Promulgated by Decree No. 329 of the State Council of the People's Republic of China 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 PRC， Foreign Trade Law for the purpose of maintaining the foreign trade order and fair competition.

　　Article 2　Where an imported product to which a subsidy is granted causes material injury or threat of material injury to an established domestic industry， or causes material retardation of the establishment of such an industry， an anti-subsidy investigation shall be initiated and anti-subsidy measures applied in accordance with the provisions hereof.

　　PART TWO　SUBSIDY AND INJURY

　　Article 3　The term “subsidy” means a financial contribution or any form of income or price support which is provided by the government or any public body of an exporting country （region） and which will benefit the recipients.

　　The government or any public body of an exporting country （region） is hereinafter collectively referred to as “the government of an exporting country （region）”。

　　The term “financial contribution” in Paragraph One of this Article shall include：

　　1. the government of an exporting country （region） directly provides funds in form of grants， loans， or equity infusion， etc.， or potentially directly transfers funds or liabilities in form of loan guarantees or otherwise；

　　2. the government of an exporting country （region） forgoes or does not collect revenue that is otherwise due；

　　3. the government of an exporting country （region） provides goods or services other than general infrastructure， or purchases goods； and

　　4. the government of an exporting country （region） carries out the afore-mentioned functions by making payments to a funding mechanism， or entrusts or directs a private body to carry out the afore-mentioned functions.

　　Article 4　A subsidy subject to anti-subsidy investigation and anti-subsidy measures under these Regulations must be specific.

　　A subsidy falling under one of the following circumstances shall be specific：

　　1. the subsidy received by certain enterprises or industries explicitly specified by the government of an exporting country （region）；

　　2. the subsidy received by certain enterprises or industries explicitly provided for in laws and regulations of an exporting country （region）；

　　3. the subsidy received by enterprises or industries located within a designated specific area；

　　4. the subsidy contingent upon export performance， including those illustrated in the List of Export Subsidies annexed to these Regulations； and

　　5. the subsidy contingent upon the use of domestic over imported products.

　　In determining the specificity of a subsidy， such factors as the number of subsidized enterprises， the amount， proportion， time duration， and form of the subsidy received by enterprises shall also be considered.

　　Article 5　The Ministry of Commerce （hereinafter referred to as “MOFCOM”） shall be responsible for the investigation and determination of a subsidy.

　　Article 6　The amount of a subsidy to an imported product shall be calculated according to the following methods in the light of different circumstances：

　　1. where the subsidy is granted in the form of a grant， the amount of the subsidy shall be calculated on the basis of the actual amount received by an enterprise；

　　2. where the subsidy is granted in form of a loan， the amount of the subsidy shall be calculated on the basis of the difference between the amount of interest an enterprise should pay on a loan in the ordinary commercial loan conditions and the amo

unt of interest the enterprise pays on this loan；

　　3. where the subsidy is granted in form of a loan guarantee， the amount of the subsidy shall be calculated on the basis of the difference between the amount of interest an enterprise should pay on a commercial loan in the absence of such guarantee and the amount of interest the enterprise actually pays on a loan guarantee；

　　4. where the subsidy is granted in form of an equity infusion， the amount of the subsidy shall be calculated on the basis of the actual amount of the capital an enterprise receives；

　　5. where the subsidy is granted in form of the provision of goods or services， the amount of the subsidy shall be calculated on the basis of the difference between the price of the goods or services at normal market price and the price that an enterprise actually pays；

　　6. where the subsidy is granted in form of purchase of goods， the amount of the subsidy shall be calculated on the basis of the difference between the actual price the government pays and the normal market price of the goods； or

　　7. where the subsidy is granted in form of forgoing or not collecting due revenue， the amount of the subsidy shall be calculated on the basis of the difference between the amount payable under law and the actual amount an enterprise pays；

　　The amount of subsidies granted in forms other than those enumerated in the preceding paragraph shall be calculated in a fair and reasonable way.

　　Article 7　The term “injury” means material injury or threat of material injury caused by a subsidy to an established domestic industry， or material retardation of the establishment of a domestic industry.

　　MOFCOM shall be responsible for the investigation and determination of injury. The anti-subsidy investigation of injury to a domestic industry involving agricultural products shall be conducted by MOFCOM jointly with the Ministry of Agriculture.

　　Article 8　The following factors shall be examined in the determination of injury caused by a subsidy to a domestic industry：

　　1. the trade effects likely to arise from the subsidy；

　　2. whether the volume of subsidized imports， including the volume of subsidized imports either in absolute terms or relative to the production or consumption of a like domestic product， has been increasing significantly， or the possibility of a significant increase in subsidized imports；

　　3. the effects of subsidized imports on prices， including the price undercutting of the subsidized imports， or the significant suppressing or depressing effects on the price of a like domestic product， etc.；

　　4. the impact of the subsidized imports on the relevant economic factors and indices of the domestic industry；

　　5. the production capacity or export capacity of the exporting country （region） or　the country （region） of origin， and inventories of the product under investigation； and

　　6. other factors that may cause or have caused injury to a domestic industry.

　　The determination of threat of material injury shall be based on facts and not merely on allegation， conjecture or remote possibility.

　　When determining the injury caused by a subsidy to a domestic industry， the determination shall be based on positive evidence， and the injuries caused by factors other than subsidy must not be attributed to the subsidy.

　　Article 9　Where subsidized products from more than one country （region） simultaneously satisfy the following requirements， the effects of such subsidized imports on a domestic industry may be cumulatively assessed：

　　1. the amount of subsidization established in relation to the subsidized imports from each country （region） is not de minimis， and the volume of imports from each country is not negligible； or

　　2. a cumulative assessment of the effects of the subsidized imports is appropriate in light of the condition

s of competition between　the subsidized imports and the conditions of competition between the subsidized imports and the like domestic product.

　　A subsidy is de minimis if the amount of the subsidy is less than 1% of the value of a product； however， with respect to the subsidized products from developing countries （regions）， the subsidy is de minimis if the amount of the subsidy is less than 2% of the value of a product.

　　Article 10　The effect of the subsidized imports shall be assessed in relation to the separate identification of the domestic production of the like product. If such separate identification of that production is not possible， the effect of the subsidized imports shall be assessed by the examination of the production of the narrowest group or range of products， including the like domestic product.

　　Article 11　The term “domestic industry” means the domestic producers as a whole of the like products within the People's Republic of China or those of them whose collective output of the products constitutes a major proportion of the total production of those products， except that when domestic producers are related to the exporters or importers or are themselves importers of the subsidized products or like products.

　　In exceptional circumstances， the producers within a regional domestic market may be regarded as a separate industry if the producers within such 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 supplied by domestic producers of the like products located in other domestic regions.

　　Article 12　The term “like product” means the product that is identical to the subsidized product， or in the absence of such a product， another product that has c

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