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- Anti-dumping three entities
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Anti-dumping three entities
* : * : * : 2012-09-24 * : 0
Anti-dumping three entities
* Source: * Author: * Time: 2012-09-24 *: 0
Anti-dumping three entities
The three entities, the anti-dumping is the dumping determination, determination of injury, and the anti-dumping measures.
I. Determination of Dumping
Imported products of three of China's "Anti-dumping Regulations stipulates:" the export prices of the imported product is lower than the normal value for dumping. "Hong Kong, Macao, and Taiwan, have been or are about to become a member of the WTO, so the reference to the applicable practice . " Responsible for the investigation and determination of dumping by the Ministry of Commerce.
Second, the determination of injury
(1) The definition of damage
Of "anti-dumping Ordinance" Article 7 provisions: 1, the dumping of domestic has been the establishment of related industries caused substantial damage to the; 2, is dumping on domestic has been the establishment of related industries causing substance of threat of injury; 3, is dumping on the domestic has been the establishment of related industries substantially impedes. As long as there is any one of the above three cases, that the damage exists.
(2) damage assessment standards
China's "anti-dumping provisions of Article 8 of the Ordinance, in determining dumping the damage caused to the domestic industry, you should review the following matters:
1, the number of dumped imports, including the dumping of imported products, the absolute number or relative to production or consumption of a domestic like product is a significant increase in dumped imports a substantial increase in the possibility;
2, the price of the dumped imports, including the price of the dumped imports cut or a significant depressing the price of the domestic like product, low impact;
3, the impact of dumped imports on the domestic industry economic factors and indicators;
Inventory of dumped imports of the exporting country (region), the production capacity of the country (region), the ability to export the product under investigation;
5, other factors causing injury to the domestic industry.
By the Ministry of Commerce is responsible for the investigation and determination of the damage; which, the domestic anti-dumping Industry Injury Investigation involving agricultural products, by the Ministry of Commerce in conjunction with the Ministry of Agriculture.
(3) similar products
The anti-dumping provisions of Article 12 of the Ordinance: similar products, is the same product with the dumped imports; do not have the same product, the characteristics of the dumped imports, the most similar products similar products.
(4) the domestic industry
"Anti-dumping provisions of Article 11 of the Ordinance: the domestic industry, the producers of domestic like products in the People's Republic of China, or its total output accounted for the major part of the of all total production of the domestic like product producers; However, the domestic producers and exports operator or import operators associated, or of its own for the import of dumped imports operators can be excluded from the domestic industry. In exceptional circumstances, the domestic producers in a regional market, in the market sell all or almost all of the similar products and similar products in the market are not primarily supplied by the manufacturers of other places in the country of the can, as the as a Solo industry.
(5) a cumulative assessment
Dumped imports from two or more countries (regions), and at the same time the following conditions are met, a cumulative assessment of the impact of imports on the domestic industry on dumping:
1, the margin of dumping of the dumped imports from each country (region) of not less than 2%, and its imports are negligible;
2, according to the conditions of competition between dumped imports and dumping of imported products and the domestic like product, a cumulative assessment is appropriate.
Negligible number of dumped imports from a country (region) accounted for the proportion of the total imports of similar products is less than 3%; However, less than 3% of total imports of the country (region) more than similar products 7% of the total imports except.
(6) The causal relationship
Cause substantial damage to the domestic industry has been established or a threat of material injury, or materially retards the establishment of a domestic industry is caused due to dumping.
Third, the anti-dumping measures
In accordance with the provisions of Chapter 4 of China's anti-dumping Ordinance, usually following the anti-dumping measures:
(1) The provisional anti-dumping measures
The provisions of Article 28 of the anti-dumping Ordinance: preliminary determination on dumping and the consequent damage to the domestic industry, you can take the following provisional anti-dumping measures:
1, to impose provisional anti-dumping duties;
Requirement of deposit, bond, or other forms of security.
Provisional anti-dumping duty margin, the amount of the bond or other form of guarantee, shall be no more than the preliminary determination of dumping margin.
(2) price guarantee
The provisions of Article 31 of the "anti-dumping Regulations": the dumped imports export operations by during an anti-dumping investigation, the Ministry of Commerce to make change prices or stop exports at dumped prices price commitment, the Ministry of Commerce can to the export operators proposed price undertakings recommendations However, the Commerce Department export business operators may not be compelled to make pricing commitments.
(3) to impose anti-dumping duties
Article 37 provides that: "anti-dumping Ordinance final determination to establish the dumping, and thus damage to the domestic industry, anti-dumping duties can be levied. Anti-dumping duties should be consistent with the public interest. Anti-dumping duties, the recommendations put forward by the Ministry of Commerce, the Customs Tariff Commission of the State Council decision in accordance with the recommendations of the Ministry of Commerce, to be announced by the Ministry of Commerce. Customs announcement requirements implemented from the date of execution.
Meanwhile, the anti-dumping duties of taxpayers imports of dumped imports operators. Anti-dumping duties should be based on individual exporter's dumping margin determined separately. Not included in the export business operators within the scope of the review of the dumped imports, need to levy anti-dumping duties applicable to anti-dumping duties should be determined in a reasonable way. The anti-dumping duty shall not exceed the final ruling determining the dumping margin determined.
The anti-dumping provisions of section 43 of the Ordinance, a final determination to determine the existence of material injury, and in previous provisional anti-dumping measures have been taken, the anti-dumping duties can be levied retroactively to the period of the provisional anti-dumping measures have been implemented.
Final determination establishes the existence of a threat of material injury, to take temporary anti-dumping measures in the case previously not take the provisional anti-dumping measures would have lead to a determination of injury, anti-dumping duties can be levied retroactively to the period of the provisional anti-dumping measures have been implemented.
Final determination to determine the anti-dumping duties, higher than provisional anti-dumping duties paid or payable, or the amount estimated for the purpose of the security, the difference shall not be collected; provisional anti-dumping duty lower than the paid or payable or estimated for the purpose of the security amount, the difference shall be refunded depending on the circumstances or the duty recalculated.
"Anti-dumping provisions of Article 44 of the Ordinance, the following two circumstances exist, the 90 days prior to the date of the implementation of the provisional anti-dumping measures and the import of products retroactive anti-dumping duties, but the file except for products imported before the survey:
(1) dumping of imported products have a history of dumping which caused injury to the domestic industry, or the products imported operators knew or should have known that the exporters practice dumping and dumping would cause injury to the domestic industry;
(2) the dumped imports large number of imports in the short term, and may cause serious damage to the imminent implementation of the remedial effect of the anti-dumping duties.
Commerce Department to initiate an investigation, there is sufficient evidence to prove that the coexistence of two circumstances listed above, you can take the necessary measures such as import registration of the imported products, so that anti-dumping duties retroactively.
* Source: * Author: * Time: 2012-09-24 *: 0
Anti-dumping three entities
The three entities, the anti-dumping is the dumping determination, determination of injury, and the anti-dumping measures.
I. Determination of Dumping
Imported products of three of China's "Anti-dumping Regulations stipulates:" the export prices of the imported product is lower than the normal value for dumping. "Hong Kong, Macao, and Taiwan, have been or are about to become a member of the WTO, so the reference to the applicable practice . " Responsible for the investigation and determination of dumping by the Ministry of Commerce.
Second, the determination of injury
(1) The definition of damage
Of "anti-dumping Ordinance" Article 7 provisions: 1, the dumping of domestic has been the establishment of related industries caused substantial damage to the; 2, is dumping on domestic has been the establishment of related industries causing substance of threat of injury; 3, is dumping on the domestic has been the establishment of related industries substantially impedes. As long as there is any one of the above three cases, that the damage exists.
(2) damage assessment standards
China's "anti-dumping provisions of Article 8 of the Ordinance, in determining dumping the damage caused to the domestic industry, you should review the following matters:
1, the number of dumped imports, including the dumping of imported products, the absolute number or relative to production or consumption of a domestic like product is a significant increase in dumped imports a substantial increase in the possibility;
2, the price of the dumped imports, including the price of the dumped imports cut or a significant depressing the price of the domestic like product, low impact;
3, the impact of dumped imports on the domestic industry economic factors and indicators;
Inventory of dumped imports of the exporting country (region), the production capacity of the country (region), the ability to export the product under investigation;
5, other factors causing injury to the domestic industry.
By the Ministry of Commerce is responsible for the investigation and determination of the damage; which, the domestic anti-dumping Industry Injury Investigation involving agricultural products, by the Ministry of Commerce in conjunction with the Ministry of Agriculture.
(3) similar products
The anti-dumping provisions of Article 12 of the Ordinance: similar products, is the same product with the dumped imports; do not have the same product, the characteristics of the dumped imports, the most similar products similar products.
(4) the domestic industry
"Anti-dumping provisions of Article 11 of the Ordinance: the domestic industry, the producers of domestic like products in the People's Republic of China, or its total output accounted for the major part of the of all total production of the domestic like product producers; However, the domestic producers and exports operator or import operators associated, or of its own for the import of dumped imports operators can be excluded from the domestic industry. In exceptional circumstances, the domestic producers in a regional market, in the market sell all or almost all of the similar products and similar products in the market are not primarily supplied by the manufacturers of other places in the country of the can, as the as a Solo industry.
(5) a cumulative assessment
Dumped imports from two or more countries (regions), and at the same time the following conditions are met, a cumulative assessment of the impact of imports on the domestic industry on dumping:
1, the margin of dumping of the dumped imports from each country (region) of not less than 2%, and its imports are negligible;
2, according to the conditions of competition between dumped imports and dumping of imported products and the domestic like product, a cumulative assessment is appropriate.
Negligible number of dumped imports from a country (region) accounted for the proportion of the total imports of similar products is less than 3%; However, less than 3% of total imports of the country (region) more than similar products 7% of the total imports except.
(6) The causal relationship
Cause substantial damage to the domestic industry has been established or a threat of material injury, or materially retards the establishment of a domestic industry is caused due to dumping.
Third, the anti-dumping measures
In accordance with the provisions of Chapter 4 of China's anti-dumping Ordinance, usually following the anti-dumping measures:
(1) The provisional anti-dumping measures
The provisions of Article 28 of the anti-dumping Ordinance: preliminary determination on dumping and the consequent damage to the domestic industry, you can take the following provisional anti-dumping measures:
1, to impose provisional anti-dumping duties;
Requirement of deposit, bond, or other forms of security.
Provisional anti-dumping duty margin, the amount of the bond or other form of guarantee, shall be no more than the preliminary determination of dumping margin.
(2) price guarantee
The provisions of Article 31 of the "anti-dumping Regulations": the dumped imports export operations by during an anti-dumping investigation, the Ministry of Commerce to make change prices or stop exports at dumped prices price commitment, the Ministry of Commerce can to the export operators proposed price undertakings recommendations However, the Commerce Department export business operators may not be compelled to make pricing commitments.
(3) to impose anti-dumping duties
Article 37 provides that: "anti-dumping Ordinance final determination to establish the dumping, and thus damage to the domestic industry, anti-dumping duties can be levied. Anti-dumping duties should be consistent with the public interest. Anti-dumping duties, the recommendations put forward by the Ministry of Commerce, the Customs Tariff Commission of the State Council decision in accordance with the recommendations of the Ministry of Commerce, to be announced by the Ministry of Commerce. Customs announcement requirements implemented from the date of execution.
Meanwhile, the anti-dumping duties of taxpayers imports of dumped imports operators. Anti-dumping duties should be based on individual exporter's dumping margin determined separately. Not included in the export business operators within the scope of the review of the dumped imports, need to levy anti-dumping duties applicable to anti-dumping duties should be determined in a reasonable way. The anti-dumping duty shall not exceed the final ruling determining the dumping margin determined.
The anti-dumping provisions of section 43 of the Ordinance, a final determination to determine the existence of material injury, and in previous provisional anti-dumping measures have been taken, the anti-dumping duties can be levied retroactively to the period of the provisional anti-dumping measures have been implemented.
Final determination establishes the existence of a threat of material injury, to take temporary anti-dumping measures in the case previously not take the provisional anti-dumping measures would have lead to a determination of injury, anti-dumping duties can be levied retroactively to the period of the provisional anti-dumping measures have been implemented.
Final determination to determine the anti-dumping duties, higher than provisional anti-dumping duties paid or payable, or the amount estimated for the purpose of the security, the difference shall not be collected; provisional anti-dumping duty lower than the paid or payable or estimated for the purpose of the security amount, the difference shall be refunded depending on the circumstances or the duty recalculated.
"Anti-dumping provisions of Article 44 of the Ordinance, the following two circumstances exist, the 90 days prior to the date of the implementation of the provisional anti-dumping measures and the import of products retroactive anti-dumping duties, but the file except for products imported before the survey:
(1) dumping of imported products have a history of dumping which caused injury to the domestic industry, or the products imported operators knew or should have known that the exporters practice dumping and dumping would cause injury to the domestic industry;
(2) the dumped imports large number of imports in the short term, and may cause serious damage to the imminent implementation of the remedial effect of the anti-dumping duties.
Commerce Department to initiate an investigation, there is sufficient evidence to prove that the coexistence of two circumstances listed above, you can take the necessary measures such as import registration of the imported products, so that anti-dumping duties retroactively.
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