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

haracteristics closely resembling the subsidized product.

　　PART THREE　ANTI-SUBSIDY INVESTIGATION

　　Article 13　Any domestic industry or natural person， legal person or relevant organization on behalf of the domestic industry （hereinafter collectively referred to as “the applicant”） may make a written application to MOFCOM for an anti-subsidy investigation in accordance with the provisions hereof.

　　Article 14　The application shall contain the following information：

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

　　2. a complete description of the imported products in question， including the names of the products， the exporting countries （regions） or the countries （regions） of origin concerned， the identity of known exporters or producers， etc.；

　　3. a description of the volume and value of domestic production of the like product；

　　4. the effect of the volume and price of the imported product in question on the domestic industry； and

　　5. other information that the applicant considers as necessary to submit.

　　Article 15　The application shall be supported by the following evidence：

　　1. existence of a subsidy to the imported product in question；

　　2. injury caused to a domestic industry； and

　　3. existence of a causal link between the subsidy and the injury；

　　Article 16　MOFCOM shall， within 60 days from the date of receipt of the application and relevant evidence submitted by the applicant， examine whether the application is made by or on behalf of the domestic industry and the contents of the application and the evidence attached thereto， and shall decide whether or not to initiate an investigation. Under special circumstances， the examination period may be extended.

　　Prior to the decision to initiate an investigation， the government of the country （region） the product of which may be subject to such investigation shall be invited for consultation regarding the subsidy in question.

　　Article 17　An application shall be considered to have been made by or on behalf of the domestic industry， and an anti-

subsidy investigation may be initiated， if the application is supported by those domestic producers whose collective output constitutes more than 50% of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However， no investigation shall be initiated when the output of those domestic producers expressly supporting the application accounts for less than 25% of total production of the like domestic product.

　　Article 18　If， in special circumstances， MOFCOM does not receive any written application for an anti-subsidy investigation， but has sufficient evidence of a subsidy， injury and causal link between the two， it may decide to initiate an investigation.

　　Article 19　MOFCOM shall publish the decision to initiate an investigation and notify the applicants， the known exporters and importers， other interested organizations and parties （hereinafter collectively referred to as “the interested parties”）， and the government of an exporting country （region）。

　　As soon as the decision to initiate an investigation has been published， MOFCOM shall provide the full text of the application to the known exporters and the government of the exporting country （region）。

　　Article 20　MOFCOM may conduct investigation and collect information from interested parties by， among others， sending questionnaires， using samples， holding hearings and making on-the-spot verification.

　　MOFCOM shall provide opportunities for all interested parties and the government of interested country （region） to present their views and supporting arguments.

　　MOFCOM may send its staff members to the countries （regions） concerned to carry out investigations if it deems necessary to do so， unless the countries （regions） concerned object to such an investigation.

　　Article 21　An interested party and the government of an interested country （region） shall provide authentic information and relevant documentation to MOFCOM in the process of the investigation. In the event that any interested party or the government of the interested country （region） does not provide authentic information and relevant documentation， or does not provide necessary information within a reasonable time limit， or significantly impedes the investigation in other way， MOFCOM may make determinations on the basis of the facts available.

　　Article 22　An interested party or the government of an interested country （region） may request MOFCOM to treat the information it provided as confidential if they consider that any disclosure of such information would create significantly adverse effect.

　　MOFCOM shall treat the information submitted by the interested party or the government of the interested country （region） as confidential if they consider that the request for confidentiality is justifiable， and shall require the interested party and/or the government of the interested country （region） to provide non-confidential summaries thereof.

　　The confidential information shall not be disclosed without permission of the interested party or the government of the interested country （region） submitting it.

　　Article 23　MOFCOM shall allow applicants， interested parties and governments of interested countries （regions） to have access to the information relevant to the investigation， provided that the information has not been treated as confidential.

　　Article 24　Throughout the period of investigation， the government of the country （region） the products of which are the subject of the investigation shall be afforded a reasonable opportunity to continue consultations. The consultations shall not prevent MOFCOM from conducting investigations and adopting anti-subsidy measures in accordance with the provisions hereof.

　　Article 25　MOFCOM shall， on the basis of their findings， make a preliminary determination on subsidiz

ation， injury and whether there exists a causal link between subsidization and injury. The preliminary determinations shall be published by MOFCOM.

　　Article 26　In the case where a preliminary determination on subsidization， injury and the causal link between the two is affirmative， MOFCOM shall conduct further investigations on the subsidization and its amount， the injury and its degree and make final determinations respectively on the basis of their findings. The final determinations shall be published by MOFCOM.

　　Before the final determinations are made， MOFCOM shall inform all known interested parties and the government of the interested country （region） of the essential facts on which the final determinations are based.

　　Article 27　An anti-subsidy investigation shall be concluded within 12 months from the date of publication of the decision to initiate the investigation， and such period may be extended in special circumstances， but in no case the extension shall be more than six months.

　　Article 28　In any one of the following circumstances， an anti-subsidy investigation shall be terminated and such termination shall be published by MOFCOM：

　　1. the application has been withdrawn by the applicant；

　　2. there is no sufficient evidence of the existence of a subsidy， injury and causal link between them；

　　3. the amount of　the subsidy is de minimis；

　　4. the actual or potential volume of the subsidized imports or the injury is negligible；

　　5. an agreement has been reached with the government of the　country （region） concerned after consultations， and therefore the anti-subsidy investigation is no longer necessary； or

　　6. other circumstances that MOFCOM considers not appropriate to continue the anti-subsidy investigation.

　　If the product under investigation imported from one country （region） or some countries （regions） falls into one of the circumstances set forth in Item （2）， （3）， （4） or （5） of the preceding paragraph， the anti-subsidy investigation on such product shall be terminated.

　　PART FOUR　ANTI-SUBSIDY MEASURES

　　Section One：　Provisional Measures

　　Article 29　Provisional anti-subsidy measures may be applied if the preliminary determination establishes the existence of a subsidy and the injury caused by the subsidy to a domestic industry.

　　Provisional anti-subsidy measures shall take the form of provisional anti-subsidy duties guaranteed by deposits or bonds.

　　Article 30　The proposal applying provisional anti-subsidy measures shall be put forward by MOFCOM， on the basis of which the State Council Commission for Custom Duty Rules shall make a decision thereon. The decision shall be published by MOFCOM. Customs shall implement the decision from the effective date set forth in the public notice.

　　Article 31　The period for applying provisional anti-subsidy measures shall not exceed four months from the effective date set forth in the public notice regarding the decision on provisional anti-subsidy measures.

　　No provisional anti-subsidy measures shall be applied within 60 days from the date of publication of the decision to initiate the anti-subsidy investigation.

　　Section Two： Undertakings

　　Article 32　During the period of an anti-subsidy investigation， if the government of an exporting country （region） proposes an undertaking to eliminate or limit a subsidy or to take other relevant measures， or if an exporter proposes an undertaking to revise its prices， MOFCOM shall give it full consideration.

　　MOFCOM may sugges

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/