China -  Chinese law firm

How will China reform its investigation procedures to better relocate the power and the responsibilities of anti-dumping investigations after China's entering into WTO?

According to China's existing legislation, five authorities are involved in anti-dumping investigation procedures. They are MOFTEC, GCA (General Customs Administration), SETC (State Economic & Trade Commission), an agency under the State Council and the TCSC (Tariff Commission of the State Council). MOFTEC and GCA are mainly responsible for the investigation into whether or not dumping took place; TCSC is responsible for determining the anti-dumping duty; the other two authorities are responsible for the causation and injury investigations.

However, in order for the anti-dumping investigation procedures to conform to China's WTO commitments, a fundamental reform is being undertaken. According to current information, GCA and the relevant agency under the State Council will no longer be involved in the investigation procedures. Instead, MOFTEC and SETC will jointly be responsible for the causation investigation. Whether or not there exists any injury borne by the domestic industry will be decided by the investigation carried out by the SETC and the Ministry of the relevant industry. The TCSC will be renamed as the State Tariff Commission and will continue to be responsible for the decision regarding the anti-dumping duty.

In order to beat the challenge posed by the increasing number of anti-dumping caseloads, MOFTEC has established the Import/Export Fair Trade Bureau, where there is also an anti-dumping office. In the meantime, the SETC has correspondingly established its Bureau of Industry Injury Investigations with its own Anti-dumping Office.

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