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MOFCOM Announcement No.77 of 2018 on Upcoming Termination of Partial Anti-dumping and Countervailing Measures in the First Half of 2019

2019-04-11 12:19

October 11, 2018 - 11:20 BJT (03:20 GMT)   MOFCOM

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 Regulations of the People's Republic of China on Countervailing, the time limit for levying countervailing 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 countervailing duties may lead to the continuance or re-occurrence of dumping and injury, the period for collection of countervailing 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 announces as follows with respect to the anti-dumping and countervailing measures due from January 1 to June 30, 2019:

I. Anti-dumping and countervailing measures that will expire from January 1 to June 30, 2019 will be made available to the public through this announcement (see attached). The Ministry of Commerce will not make any announcement on an individual basis.

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

III. The application for final review shall include affirmative indication of request for the expiry review and evidence proving that the termination of the anti-dumping and countervailing 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 Ministry of Commerce does not initiate an expiry review investigation before the expiration of the relevant anti-dumping and countervailing measures, the anti-dumping and countervailing measures will be terminated as of the expiration date thereof.

Ministry of Commerce of the People's Republic of China
October 9, 2018


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