1. Institutions involved in anti-dumping cases
According to the provisions of China's Anti-Dumping Regulations, the institutions involved in the anti-dumping complaints process are: the Ministry of Commerce, the Ministry of Agriculture, the General Administration of Customs and the Customs Tariff Commission of the State Council. The main division of responsibilities of various departments in anti-dumping complaints are as follows:
Ministry of Commerce:
Accept the application for anti-dumping investigation and examine whether the application is submitted by the domestic industry or on behalf of the domestic industry, the contents of the application and the attached evidence, etc., and decide whether to initiate an investigation or not to investigate the case;
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Responsible for the investigation and determination of the extent of dumping and dumping, industrial damage and damage, the determination of the causal relationship between dumping and damage, and the preliminary determination and final decision based on the survey results;
Accepting applications for anti-dumping tax rebates, new exporter review, mid-term review, sunset review, and anti-circumvention, decide whether to conduct an investigation, and make relevant decisions based on the investigation;
Make a decision on a provisional anti-dumping measure requiring a cash deposit, letter of guarantee or other form of security; propose a temporary anti-dumping duty, a final anti-dumping duty, a tax refund, a reservation, a modification or a cancellation of an anti-dumping duty;
Responsible for consultations and negotiations related to the price commitment agreement, signing the commitment agreement and supervising the implementation, and making decisions to retain, modify, or cancel the price commitment;
The issuance of external announcements, product range adjustments, information disclosure, notifications to interested parties, etc.; at the same time, responsible for external consultations, notifications and dispute resolution matters related to anti-dumping.
The Ministry of Commerce has set up the Import and Export Fair Trade Bureau and the Industrial Damage Investigation Bureau to handle related matters. Specifically, the work on dumping is the responsibility of the Bureau of Import and Export Fair Trade. The work on industrial damage is the responsibility of the Bureau of Industrial Damage Investigation, and the Bureau of Fair Trade and the Bureau of Industrial Damage Investigation jointly conduct a causal relationship between dumping and damage. In the investigation, the Ministry of Commerce shall make a unified decision or ruling and issue an announcement to the outside.
Ministry of Agriculture:
In conjunction with the Ministry of Commerce, it investigated the anti-dumping domestic industry damage involving agricultural products.
State Council Tariff Commission:
According to the recommendations of the Ministry of Commerce, the Taxation Commission has made decisions relating to “taxes†such as provisional anti-dumping duties and final anti-dumping duties.
General Administration of Customs:
The General Administration of Customs is the specific enforcement agency in anti-dumping cases and is responsible for the implementation of temporary anti-dumping measures and the imposition of anti-dumping duties and tax refunds.
Second, the legal entity qualification
Under normal circumstances, applicants with statutory qualifications file a written application for anti-dumping investigations, which is the basis for anti-dumping filings and the source and key to the initiation of anti-dumping appeal procedures. According to the provisions of Article 13 of China's Anti-Dumping Regulations, domestic products that produce and dump imported products of the same kind in China or natural persons, legal persons or organizations that represent domestic industries may submit written applications for anti-dumping investigations to the Ministry of Commerce in accordance with the regulations. .
Therefore, it is determined whether the applicant for the anti-dumping investigation application is eligible for domestic industry or can represent the domestic industry.
According to the provisions of the Anti-Dumping Regulations, in the case, the total output of the products produced by the enterprises applying for anti-dumping investigations of products should account for more than 50% of the total output of all domestic similar products, and the lower can not be lower than 25%.
Third, the drafting of the application required to collect and
Prepared materials and information
The anti-dumping investigation application shall mainly include the following contents and attached relevant evidence materials:
1. Relevant information of the applicant (the basic situation of the enterprise, including the proportion of the similar products produced by the applicant in the first three years of the application and the proportion of the total output of similar products in China);
2. Known producers, exporters and importers applying to investigate imported products;
3. Application for investigation of imported products, complete descriptions of domestic similar products, and comparison of the two;
4. Dumping and dumping margin (Generally, the export price of an imported product that is applied for investigation to China is lower than its sales price in the country of the exporting country, and dumping is established);
5. The situation in which the domestic industry is damaged;
6. The causal relationship between dumping and damage;
7. Other matters that the applicant believes need to be explained.
IV. The basic procedures for enterprises to respond to foreign anti-dumping investigations against China
—— The applicant filed an application for the case (the enterprise should be vigilant, contact the importer to pay close attention to the case record, and prepare for the response.)
- preliminary review by the investigation authority
——Record (According to the regulations: The Ministry of Commerce will make a decision on the investigation or non-investigation within 60 days from the date of receipt of the application and evidence materials. The date of the anti-dumping investigation decision is the date of filing the case, the anti-dumping case Officially launched.)
——Investigation agencies issue questionnaires for producers and exporters
——Answer the questionnaire (the foreign investigation authority may issue the questionnaire and supplementary questionnaires several times according to the situation, and the enterprise completes the answer sheet on time with the assistance of the lawyer.)
——Proposition or defense (Enterprises make claims or defenses on product classification, market economy positioning, alternative country choice, etc.)
- preliminary ruling (preliminary ruling is made within a reasonable time after 60 days after filing the case. After the affirmative preliminary ruling decision is made, the anti-dumping case continues. At the same time, the investigation authority will give each interested party 15-20 days to the preliminary ruling Decided to comment. Applicants will make relevant comments and comments on the preliminary decision as required and apply for access in a timely manner after the relevant stakeholders have submitted preliminary comments. In the process of investigation of anti-dumping cases, if the product under investigation The exporting operator promises to modify its price or stop exporting its products at a dumping price, so that the Ministry of Commerce is convinced that the damaging effects of dumping have been eliminated, the investigating authority may suspend or terminate the anti-dumping investigation procedure without taking temporary measures or Impose an anti-dumping duty.)
- Temporary anti-dumping duties levied (primary rulings are not negligible, and temporary anti-dumping duties are imposed. At present, the temporary anti-dumping measures adopted in China's anti-dumping cases are in the form of margin. According to China's anti-dumping laws, temporary anti-dumping laws The time limit for the implementation of the measures shall not exceed 4 months from the date specified in the announcement of the provisional anti-dumping measures, and may be extended to 9 months in special circumstances.
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