中华人民共和国反倾销和反补贴条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA CONCERNING ANTI-DUMPING AND ANTI-SUBSI

elated to the case save that the information belongs to the secret file.

　　Chapter IV Anti-dumping Measures

　　Article 22 In case of established dumping by the preliminary arbitration and damage caused to the domestic industry therefrom， the following interim anti-dumping measures may be taken：

　　（1）Collection of interim anti-dumping duty in accordance with prescribed procedures；

　　（2）To demand that cash deposit or security in other forms be provided.

　　The amount of interim anti-dumping duty and the amount of cash deposit and security in other forms should be commensurate with the range of dumping determined by the preliminary arbitration.

　　Collection of interim anti-dumping duty shall be decided by the Tariff Commission under the State Council on the basis of proposals of the Ministry of Foreign Trade and Economic Cooperation. The demand of provision of cash deposit or security in other forms shall be decided by the Ministry of Foreign Trade and Economic Cooperation.

　　Article 23 The decision of interim anti-dumping measures shall be announced by the Ministry of Foreign Trade and Economic Cooperation and implemented by the Customs.

　　Article 24 The period of interim anti-dumping duty shall be four months starting from the date of announcement on the decision of interim anti-dumping measures； it can be extended to nine months in case of extraordinary circumstances.

　　Article 25 In respect of export operators or government of the exporting country of the dumping product make the commitment of proposed effective measures to remove the damage caused by dumping to the domestic industry， the Ministry of Foreign Trade and Economic Cooperation may， upon consultation with the State Economic and Trade Commission， decide to suspend anti-dumping investigation and make an announcement.

　　The Ministry of Foreign Trade and Economic Cooperation may request the export operators or the government of the exporting country of the preceding paragraph to regularly provide relevant information on the fulfillment of the committment.

　　Article 26 In respect of failure of

the export operators or government of the exporting country to fulfil the committmentor withdrawal of the committment， the Ministry of Foreign Trade and Economic Cooperation may， upon consultation with the State Economic and Trade commission， decide to resume anti-dumping investigation.

　　Article 27 In respect of the existence of dumping by final arbitration and the damage caused thereby to the domestic industry， anti-dumping duty may be levied and collected in accordance with prescribed procedures and an announcement made by the Ministry of Foreign Trade and Economic Cooperation.

　　Collection of anti-dumping duty shall be proposed by the Ministry of Foreign Trade and Economic Cooperation， decided by the Tariff Commission under the State Council and effected by the Customs.

　　Article 28 The import operator of the dumping product shall be the taxpayer of the anti-dumping duty.

　　Article 29 The amount of the anti-dumping duty shall not exceed the range of dumping determined by the final arbitration.

　　Article 30 In case of the determined anti-dumping duty lower than the interim anti-dumping duty， the over collected portion should be refunded； in case of the determined anti-dumping duty higher than the interim antidumping duty， the under collected portion shall not be made up any more.

　　Article 31 In case of decision not to collect anti-dumping duty， the interim anti-dumping duty collected， and the cash deposit or security in other forms taken should be refunded.

　　Article 32 In case of the following two circumstances existing side by side， the Tariff Commission under the State Council may， upon proposal of the Ministry of Foreign Trade and Economic Cooperation decide to retroactively collect anti-dumping duty on the import dumping product ninety days before the announcement of the decision of interim anti-dumping measures：

　　（1）The dumping product has a history of dumping causing damage to the domestic industry， or the import operator of the dumping product is aware or should be aware of the fact that the export operator of the said product is dumping the product and the dumping will cause damage to the domestic industry；

　　（2）Large volume of import of the dumping product within a short period which has already caused damage to the domestic industry.

　　Article 33 The period of collection of the anti-dumping duty and price committment in pursuance of the provisions of these Regulations shall be five years. Within this period， the Ministry of Foreign Trade and Economic Cooperation may， upon consultation with the State Economic and Trade Commission， reexamine the decision on the collection of the antidumping duty on its own or at the request of the interested parties， and within twelve months starting from the date of reexamination submit its proposal to the Tariff Commission on the revision， cancellation or retention of the decision on the collection of the anti-dumping duty for reexamination and decision by the Tariff Commission under the State Council which shall be announced by the Ministry of Foreign Trade and Economic Cooperation.

　　Article 34 In case of the import operator of the dumping product having evidences to prove that the paid amount of anti-dumping duty has exceeded the range of dumping， it may apply to the Ministry of Foreign Trade and Economic Cooperation for refund. Upon examination and verification by the Ministry of Foreign Trade and Economic Cooperation in conjunction with the General Administration of Customs， the Ministry of Foreign Trade and Economic Cooperation shall put forth a proposal of refund for decision by the Tariff Commission under the State Council and implementation by the Customs.

　　The decision on the refund of the preceding paragraph shall be made within eighteen months starting from the date of receipt of the application for refund.

　　Article 35 The Ministry of Foreign Trade and Economic

Cooperation， the State Economic and Trade Commission and the departments concerned under the State Council may take appropriate measures to prevent acts of evading the anti-dumping measures.

　　Chapter V Special Provisions on Anti-subsidy

　　Article 36 Financial assistance or interest provided directly or indirectly by foreign governments or public institutions to industries and enterprises shall be subsidy.

　　Article 37 These Regulations are applicable to import products with subsidies. However， these Regulations shall not be applicable to import products with subsidies for the sole purpose of industrial research and development， supporting the backward regions and environmental protection.

　　Article 38 The net amount of subsidy accepted by the subsidized product shall be the amount of subsidy.

　　The amount of subsidy should be calculated in a fair and reasonable manner.

　　Article 39 The relevant provisions of Chapters II， III and IV of these Regulations shall be applicable to the damage caused by subsidy， anti-subsidy investigations and implementation of anti-subsidy measures.

　　Chapter VI Supplementary Provisions

　　Article 40 In case of any country or region adopting discriminatory anti-dumping or anti-subsidy measures against export products of the People's Republic of China， the People's Republic of China may take corresponding measures against the said country or the said region in the light of actual circumstances.

　　Article 41 The Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission may， in conjunction with the departments concerned under the State Council work out related specific measures in accordance with these Regulations.

　　Article 42 These Regulations shall enter into force as of the date of promulgation

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