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MOFCOM Announcement [2019] No.8 - Announcement on Imminent Expiration of Certain Anti-dumping and Anti-subsidy Measures in the Second Half of 2019

2019-3-27 11:44:05

According to Article 48 of the Anti-dumping Regulations of the People's Republic of China, the time limit for levying anti-dumping duties and that for fulfilling price commitments shall not exceed 5 years. However, if it is determined upon review that the termination of collection of anti-dumping duties may lead to the continuance or re-occurrence of dumping and injury, the period for collection of anti-dumping duties may be properly extended. According to Article 47 of the Anti-subsidy Regulations of the People's Republic of China, the time limit for levying anti-subsidy duties and that for fulfilling price commitments shall not exceed 5 years. However, if it is determined upon review that the termination of collection of anti-subsidy duties may lead to the continuance or re-occurrence of subsidy and injury, the period for collection of anti-subsidy duties may be properly extended. In order to enable stakeholders to understand the implementation period of the measures in a timely manner, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") announces as follows with respect to the anti-dumping and anti-subsidy measures due from July 1 to December 31, 2019:

I. Anti-dumping and anti-subsidy measures that will expire from July 1 to December 31, 2019 will be made available to the public through this announcement (see attached). The MOFCOM will not make any announcement on an individual basis.

II. 60 days prior to the expiration date of the anti-dumping and anti-subsidy measures attached hereto, the domestic industry or any natural person, legal person or relevant organization on behalf of the domestic industry may file a written application for expiry review to the MOFCOM if it believes that termination of the measures may lead to dumping and injury or the continuation or recurrence of subsidies and injuries.

III. The application for final review shall include affirmative indication of request for the final review and evidence proving that the termination of the anti-dumping and anti-subsidy measures may lead to dumping and injury or the continuation or reoccurrence of subsidy and injury.

IV. If natural persons, legal persons or relevant organizations of or on behalf of the domestic industries of China do not apply for final review according to the Announcement, and at the same time, the MOFCOM does not initiate a final review investigation before the expiration of the relevant anti-dumping and anti-subsidy measures, the anti-dumping and anti-subsidy measures will be terminated from the expiration date thereof.

Ministry of Commerce of the People's Republic of China
March 7, 2019

 

 

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