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1、编号：时间：2021年x月x日书山有路勤为径，学海无涯苦作舟页码：第1页 共1页反倾销条例（英文版）来源：涉外法律网 Anti-dumping Regulation of The Peoples Republic of ChinaDecree 2001 No.328 of the state Council The Anti-Dumping Regulation of the Peoples Republic of China, which were adopted at the 46th executive meeting of the State Council on October 31
2、, 2001, are hereby promulgated, and shall come into force on January 1, 2001.Premier of the State Council: Zhu RongjiNovember 26, 2001 Attachment: Anti-dumping Regulation of the Peoples Republic of ChinaChapter I General Provisions Article 1 The present Regulation has been enacted in accordance with
3、 the relevant provisions of the Foreign Trade Law of the Peoples Republic of China with a view to maintaining foreign trade order and fair competition.Article 2 In case that imported products enter the market of the Peoples Republic of China by way of dumping, and cause material damage or constitute
4、 a threat of material damage to an already established domestic industry, or cause a material impediment to the establishment of a domestic industry, an investigation shall be conducted and anti-dumping measures shall be taken in accordance with the present Regulation.Chapter II Dumping and DamageAr
5、ticle 3 The term dumping shall refer to the entry of imported products into the market of the Peoples Republic of China, in the ordinary course of trade, with their export price lower than their normal value. The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFT
6、EC) shall be responsible for the investigation on and determination of dumping.Article 4 The normal value of imported products shall be determined in the following ways on the basis of different circumstances:(1) in case that the products of the same category as that of the imported products have a
7、comparable price in the domestic market of the exporting country (region) in the ordinary course of trade, that comparable price shall be the normal value;(2) in case that the products of the same category as that of the imported products are not sold on the domestic market of the exporting country
8、(region) in the ordinary course of trade, or the price or quantity of the products of the same category cannot be used as a basis for fair comparison, the normal value shall be the comparable price at which the products of the same category are exported to a proper third country (region) or shall be
9、 the production cost of the products of the same category in the country (region) of origin plus reasonable expenses and profits.Where the imported products do not directly come from the country (region) of origin, the normal value shall be determined in accordance with Item (1) of the preceding par
10、agraph; however, if the products are transported only through the exporting country (region) or the products are not produced in the exporting country (region) or no comparable price exists in the exporting country (region), etc., the price of the said products of the same category in the country (r
11、egion) of origin may be regarded as the normal value.Article 5 The export price of the imported products shall be determined in the following ways according to different circumstances:(1) in case the imported products have an actual payment price or a payable price, such price shall be the export pr
12、ice;(2) in case the imported products do not have an export price or its price is not reliable, the price presumed on the basis of the price at which the imported products are re-sold for the first time to an independent buyer shall be regarded as the export price; however, if the imported products
13、are not re-sold to an independent buyer or not re-sold in the status when they are imported, the price presumed by the MOFTEC on a reasonable basis may be regarded as the export price.Article 6 The margin between the export price of imported products which is lower than their normal value shall be t
14、he dumping margin.The export price of the imported products and the normal value shall be compared in a fair and reasonable manner by taking the various comparable factors which may impact the price into consideration.The dumping margin shall be determined with the weighted average normal value and
15、the weighted average price of all the comparable export transactions being compared, or with the normal value and the export price being compared transaction by transaction.Where the export prices are considerably different between different buyers, regions or periods, and thus are difficult to be c
16、ompared in the ways provided in the preceding paragraph, the weighted average normal value may be compared with the price of a single export transaction.Article 7 The term damage shall refer to the fact that dumping has caused material damage or constitute a threat of material damage to an already established domestic industry, or caused a material impediment to the establishment of a domestic industry.
