Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
New Shipper Review In Anti-dumping Investigations
Article 1   With a view to ensuring fairness, justices and openness in antidumping new shipper reviews, these Rules are formulated in accordance with provisions of the “Anti-dumping Regulation of the People's Republic of China”.

Article 2   The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as “MOFTEC”) delegates the Bureau of Fair Trade for Imports & Exports to be responsible for implementation of these Rules.

Article 3   These Rules apply to reviews for determination of individual anti-dumping duty rate requested by those exporters and producers (hereinafter referred to as “new shippers”) of the countries (regions) concerned after the original anti-dumping measures have entered into force, who did not export the product under investigation to the People’s Republic of China during the original period of investigation.  

Article 4   The applicant for new shipper review shall in no way be related to the exporters and producers who have exported the product under investigation to the People’s Republic of China during the original period of investigation.

Where the applicant for new shipper review is a trading company, additional to the provisions in the above Paragraph of this Article to be complied with, its suppliers shall also in no way be the exporters and producers who have exported the product under investigation to the People’s Republic of China during the original investigation period or have relationship with the above-mentioned exporters and producers. 

Article 5   The applicant for new shipper review must be the party who has actually exported the product under investigation to the People’s Republic of China after the original period of investigation.

The export mentioned in the preceding Paragraph of this Article shall be made in sufficient quantities so as to constitute the basis for determination of the ordinary export price. Such quantities shall be established on the basis of transaction volume under the normal commercial conditions of the product under investigation.

Article 6   Where the original anti-dumping measure is the imposition of anti-dumping duty, the export which is not subject to the anti-dumping duty shall not be the basis for the application of new shipper review.

Article 7   The applicant for new shipper review may file its application only after the final determination in the original investigation has come into force, and the date on which the application is filed shall not be later than 30 days after the actual export.

The application for new shipper review on the actual export made after the original period of investigation and before the final determination is not subjected to the preceding Paragraph of this Article. However it still shall be filed nevertheless within 3 months after the final determination of the original investigation is made.

The date for actual exports shall be established on the basis of the invoicing date.

Article 8   The application for new shipper review shall be filed in a written form, and shall be formally signed by the legal representative of the applicant or his/her authorized person.

Article 9  The following evidence and materials shall be attached to the application for new shipper review:

Name, address and relevant information of the applicant;
Structure of company and names of related companies;
Average sales price, number of transactions and total value of domestic sales, average export price, number of export transactions and total export value to the People’s Republic of China, average export price, number of transactions and total export value to the third countries (regions) of the product under investigation during the last 6 months prior to the application;
Copy of contracts, commercial invoices, bills of lading and certificates of payment indicating the effect of exports of product under investigation to the People’s Republic of China as well as documentary evidence of payment of anti-dumping duty effected by the importer;
Other information that the applicant considers necessary to address.

Article 10   The application shall be classified into confidential version (under the condition that  the applicant requests for confidentiality treatment) and non-confidential version. One original application and six copies shall be submitted for the confidential version and the non-confidential version respectively.

Article 11   MOFTEC shall, within 7 working days upon the receipt of the application for new shipper review, notify the applicant of the original anti-dumping investigation. The applicant of the original anti-dumping investigation may make comments on whether MOFTEC should initiate the review within 14 days after being notified.

Article 12   MOFTEC shall make a decision on whether to initiate the review within 30 working days from the date of receipt of the application, the evidence and materials attached.

Article 13   MOFTEC shall notify the applicant in writing and give reasons of not initiating the review if it so decides.

Article 14   MOFTEC shall give a Public Notice for initiation of new shipper review where it so decides.

The Public Notice of initiation shall contain the following information:

Description of the product to be investigated;
Name of exporters and producers to be investigated, and name of their countries (regions);
Date of initiation;
Period of review;
Time limits for interested parties to make comments and to submit relevant materials;
Intent of the investigating authorities to carry out on-the-spot verification;
Consequence of non-cooperation by interested parties.
Ways of communication with the investigating authorities.

Article 15   MOFTEC shall, before the issuance of the Public Notice of initiation of the review, notify the Customs to suspend, from the date of the Public Notice, the imposition of anti-dumping duty on the product under investigation to be exported by the applicant, but nevertheless shall require the importer of the product under investigation exported by the applicant provide cash deposit at a rate corresponding to the anti-dumping duty rate applied to “other companies” as specified in the original anti-dumping final determination.

Article 16   The investigation period for new shipper review shall be 6 months prior to the submission of the application.

Article 17   If necessary, MOFTEC may conduct its investigation by issuing questionnaire to the applicant of the new shipper review, the procedure of which shall be in line with provisions of the “Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on Questionnaires in Antidumping Investigations ”.

Article 18   The normal value, export price and dumping margin of the imported product shall be determined in accordance with provisions of Articles 4, 5 and 6 of the “Anti-dumping Regulation of the People’s Republic of China”.

Article 19   Where the export price is constructed on the basis of the price at which the imported product is resold to the first independent purchaser, if the applicant can provide sufficient evidence to prove that the anti-dumping duty has been duly reflected in the price at which the imported products are resold to the first independent purchaser and in the price for the subsequent domestic sales, MOFTEC shall not deduct the amount of anti-dumping duty paid when calculating the constructed export price.

Article 20   MOFTEC may decide to carry out an on-the-spot verification on the accuracy and completeness of the evidence and materials provided by the applicant.  Procedures for the on-the-spot verification shall be in line with provisions of the “Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on On-the-spot Verification in Anti-dumping Investigations”.

Article 21   Preliminary determination does not need to be made in new shipper review. However, after having got preliminary conclusion of the investigation, MOFTEC shall disclose facts and reasons on which the preliminary conclusion is based, and shall give no less than 10 days to the interested parties for comments and for submitting additional materials.

Article 22   The applicant for new shipper review may offer a price undertaking to MOFTEC within 15 days from the date on which the preliminary conclusion is disclosed.

Article 23   Where MOFTEC considers that the price undertaking offered by the applicant of the review is acceptable, after consulting with the State Economic and Trade Commission, MOFTEC may decide to suspend or terminate the investigation of the review, and notify the Customs to terminate the imposition of anti-dumping duty on the product under investigation exported by such new shipper from the date on which the price undertaking comes into force.

The product under investigation exported by the new shipper after the initiation of review and before the enforcement of the price undertaking shall be subject to an anti-dumping duty which is equivalent to the amount of cash deposit having been provided

Article 24   The investigation for new shipper review shall be completed within 9 months from the date of initiation.

Article 25   MOFTEC shall submit to the Customs Tariff Commission of the State Council a proposal for anti-dumping duty to be applied to the applicant of the review 15 days prior to the end of the review investigation, and shall give a Public Notice according to the decision made by the Customs Tariff Commission of the State Council before the review investigation is ended. 

Article 26   Where the review determination results in existence of dumping,  the antidumping duties shall be retroactively levied on the product under investigation which was exported by the applicant after the initiation of the review and before the determination of the review.

Where the anti-dumping duty determined by the review is higher than the cash deposit having been provided, the difference shall not be collected; where the anti-dumping duty is lower than the cash deposit, the difference shall be refunded.

Article 27   MOFTEC shall be responsible for interpretation of these Rules.

Article 28   These Rules shall enter into force from the date of 15 April 2002.