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

t price undertakings to an exporter or the government of an exporting country （region）。

　　MOFCOM shall not force an exporter to enter into any undertaking.

　　Article 33　The fact that exporters or governments of exporting countries （regions） do not offer undertakings， or do not accept any suggestion regarding price undertak

ings， shall in no way prejudice the investigation and determination of an anti-subsidy case. MOFCOM has the right to determine that a threat of injury is more likely to be realized if the exporters continue subsidizing the imports.

　　Article 34　If considering that an undertaking is acceptable and in conformity with public interests， MOFCOM may decide to suspend or terminate the anti-subsidy investigation without applying provisional anti-subsidy measures or imposing anti-subsidy duties. The decision to suspend or terminate the anti-subsidy investigation shall be published by MOFCOM.

　　If MOFCOM does not accept an undertaking， it shall provide the reasons therefor to the exporter concerned.

　　Undertakings shall not be sought or accepted unless MOFCOM has made a preliminary affirmative determination of subsidization and injury caused by such subsidization. In the case where an exporter enters into an undertaking without consent of the government of an exporting country （region）， MOFCOM shall not seek or accept such an undertaking.

　　Article 35　After the suspension or termination of the investigation according to the provisions of Paragraph One， Article 34 hereof， MOFCOM shall continuously investigate the subsidization and injuries at the request of the government of the exporting country； or if MOFCOM deems it necessary， it may continuously investigate the subsidization and injuries.

　　On the basis of the findings of the investigation， the undertaking shall automatically lapse if a negative determination is made on subsidization and injury， or shall remain in force if the determination is affirmative.

　　Article 36　MOFCOM may require the exporter or the government of an exporting country （region） from whom an undertaking has been accepted to provide periodically information and documentation relevant to the fulfilment of such an undertaking， and make verification on such information and documentation.

　　Article 37　In case of violation of an undertaking， MOFCOM may decide to resume the anti-subsidy investigation immediately in accordance with the provisions hereof， or on the basis of the best information available， decide to apply provisional anti-subsidy measures and levy an anti-subsidy duty retroactively on the product imported within 90 days prior to the application of such provisional anti-subsidy measures， except the product imported before the violation of the undertaking.

　　Section Three： Anti-subsidy Duties

　　Article 38　If the efforts made to complete consultations produce no positive results， and a final determination establishes the existence of subsidy and the injury caused by the subsidy to a domestic industry， an anti-subsidy duty may be imposed. Imposition of anti-subsidy duties shall be in conformity with the public interests.

　　Article 39　The proposal imposing an anti-subsidy duty shall be put forward by MOFCOM， on the basis of which the State Council Commission for Custom Duty Rules shall make a decision which shall be published by MOFCOM. Customs shall implement the decision from the effective date set forth in the public notice.

　　Article 40　Anti-subsidy duties shall be imposed on products imported after the date of the publication of the final determination， with the exception of circumstances set forth in Articles 37， 44 and 45 hereof.

　　Article 41　Anti-subsidy duties shall be paid by importers of subsidized imports.

　　Article 42　Anti-subsidy duties shall be determined separately on the basis of the amount of subsidy each exporter has received. Where it is necessary to impose an anti-subsidy duty on the subsidized imports of an exporter who was not actually investigated， an expedited review shall be conducted and an anti-subsidy duty applicable to the exporter shall be determined in a reasonable way.

　　Article 43　No anti-subsidy duties shall be levied in excess of the amount of a subsidy as establis

hed in a final determination.

　　Article 44　In the case where a final determination establishes the existence of a material injury， and provisional anti-subsidy measures have been applied prior to the final determination， anti-subsidy duties may be levied retroactively for the period for which provisional anti-subsidy measures have been applied.

　　In the case where a final determination establishes the existence of a threat of material injury， and provisional anti-subsidy measures have been applied in the situation that the absence of such provisional anti-subsidy measures would have led to a determination of injury， anti-subsidy duties may be levied retroactively for the period for which provisional anti-subsidy measures have been applied.

　　If the anti-subsidy duty determined in a final determination is higher than the amount guaranteed by the deposit or bond， the difference shall not be collected； if the duty is less than the amount guaranteed by the deposit or bond， the excess amount shall be reimbursed.

　　Article 45　When the following three circumstances exist simultaneously， an anti-subsidy duty may， when necessary， be retroactively levied on products imported not more than 90 days prior to the date of application of provisional anti-subsidy measures：

　　1. the subsidized imports increased massively during a short period of time；

　　2. such increase has caused irremediable injury to a domestic industry； and

　　3. such products have　benefited from the subsidy.

　　Article 46　Where a final determination decides not to levy an anti-subsidy duty， or does not decide a retroactive levy of an anti-subsidy duty， any deposit made during the period of the application of provisional anti-subsidy measures shall be refunded and any bonds released.

　　PART FIVE　DURATION AND REVIEW OF ANTI-SUBSIDY DUTIES AND UNDERTAKINGS

　　Article 47　The period for the levy of an anti-subsidy duty and fulfilment of an undertaking shall not exceed five years. However， the period for the levy of the anti-subsidy duty may be extended as appropriate if， as a result of review， it is determined that the termination of the anti-subsidy duty would be likely to lead to continuation or recurrence of subsidization and injury.

　　Article 48　After an anti-subsidy duty has taken effect， MOFCOM may decide on justifiable grounds to review the need for the continued imposition of the anti-subsidy duty； such a review may also be conducted， provided that a reasonable period of time has elapsed， upon request by any interested party and on the basis of examination of the relevant evidence submitted by the interested party.

　　After an undertaking has taken effect， MOFCOM may， on justifiable grounds， decide to review the need for the continued fulfilment of an undertaking； such a review may also be conducted， provided that a reasonable period of time has elapsed， upon request by any interested party and on the basis of examination of the relevant evidence submitted by the interested party.

　　Article 49　On the basis of the findings of a review， MOFCOM shall， in accordance with the provisions hereof， make a proposal on the retention， revision， or termination of an anti-subsidy duty. The State Council Commission for Custom Duty Rules shall， in light of the proposal made by MOFCOM， make a decision which shall be published by MOFCOM. Meanwhile， MOFCOM may make a decision on the retention， revision or termination of an undertaking and publish such decision in accordance with the provisions hereof.

　　Article 50　The review proceedings shall be conducted with reference to the relevant provisions hereof on anti-subsidy investigation.

　　Any review shall be concluded within 12 months of the date of decision of initiation of such a review.

　　Article 51　During the period of review， the review proceedings shall not impede the application of anti-subsidy measures.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 52　Where any party is not satisfied with a final determination made under Article 26 hereof， or not satisfied with a decision on whether or not to impose an anti-subsidy duty and a decision on retroactive imposition of a duty， made under Part Four hereof， or not satisfied with the review findings made under Part Five hereof， it may， in accordance with the law， apply for administrative review， or file a lawsuit in the people's court.

　　Article 53　A public notice issued under these Regulations shall contain， inter alia， important information， facts， reasons， basis， findings and conclusions， etc.

　　Article 54　MOFCOM may take appropriate measures to prevent the circumvention of anti-subsidy measures.

　　Article 55　Where any country （region） discriminatorily imposes anti-subsidy measures on exports from the People's Republic of China， the People's Republic of China may， on the basis of actual situations， response by taking corresponding measures against that country （region）。

　　Article 56　MOFCOM shall be responsible for foreign-related consultations， notification and dispute settlement concerning anti-subsidy activities.

　　Article 57　MOFCOM may， in accordance with these Regulations， formulate specific implementing measures of these Regulations.

　　Article 58　These Regulations shall be effective as of 1 January 2002. The provisions on anti-subsidy measures contained in the

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