Anti-dumping Practice in China

In May 1994, the Foreign Trade Law of the People's Republic of China was promulgated. In Article 30, it stipulates: "Where a Product is imported at less than normal value of the product and causes or threatens to cause material injury to an established domestic industry concerned, or materially retards the establishment of a particular domestic industry, the State may take necessary measures in order to remove or ease such injury or threat of injury or retardation."

Based on the Article 30 of the Foreign Trade Law, the "Regulation on Anti-dumping and Anti-subsidy of the People� Republic of China" (hereinafter referred as the Regulation) was issued on March 1997. The Regulation sets basic definitions, principles and procedures in comply with the international practices including the Anti-dumping Agreement of the World Trade Organization. The promulgation of the regulation shows the position of the Government of China to prevent unfair competition from dumped or subsidized imports according to the international practices.

The Regulation has 6 chapters with 42 articles as follows:

Chapter 1 General Provisions

Chapter 2 Dumping and Injury

Chapter 3 Anti-dumping Investigations

Chapter 4 Anti-dumping Measures

Chapter 5 Special Provisions for Anti-subsidy

Chapter 6 Final Provisions

According to the Regulation, four authorities are involved in an anti-dumping investigation, i.e., the Ministry of Foreign Trade and Economic Cooperation(MOFTEC), the State Economic and Trade Commission(SETC), the Tariff Commission under the State Council(TCSC), and the Customs General Administration(CGA).