Act No. 152 / 1997 Coll.
Law on protection against imports of dumped products and amending and supplementing certain laws
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Law
Effective from 10.07.1997
Text versions:
10.07.1997
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152
THE LAW
of 17 June 1997
to protect against imports of dumped products and to amend and supplement certain laws
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Terms
For the purposes of this Act:
(a) the product concerned, the export price of which is exported to the Czech Republic, is lower than the normal value of the like product during normal trade in the exporting country,
(b) a movable product exported to the Czech Republic,
(c) the like product is comparable in all characteristics to the product concerned; if there is no such product, another product having closely similar characteristics to the product concerned,
(d) by the exporter, a natural or legal person who exports goods abroad to the Czech Republic;
(e) normal trade in situations where:
1. The trade takes place between independent entities which are not related to or between them there is no competition agreement;
2. the quantity of products sold allows proper comparison; and
3. the product is sold at a price corresponding to the economically reasonable costs and reasonable profit;
(f) a concentration of the entities in the situation where:
1. one of them directly or indirectly controls the other;
2. both are directly or indirectly controlled by a third party; or
3. jointly, directly or indirectly control a third party;
only if there is a reasonable suspicion that the effect of the concentration causes different behaviour compared to unrelated entities;
(g) the manufacturing industry of the like products in the Czech Republic as a whole or at least part of them whose total production volume of the like products represents the proportion set out in Sections 8 (2) (d) and 9 (4) (b). Where producers are related to exporters or importers or are importers of the dumped products themselves, the industry is the remaining producers.
Export price
(1) The export price shall be the price of the product imported from the exporting country to the Czech Republic, which is actually paid or to be paid.
(2) In cases where the export price cannot be established or where it is obvious that the price is unreliable because there is a concentration pursuant to Article 1 (f) or an agreement between an exporter and an importer or a third party distorting competition, the export price shall be determined on the basis of the price at which the imported products are first resold to an independent entity.
(3) Where imported products are not resold to an unrelated entity or are not sold in the state in which they were imported, the export price shall be determined by calculation. This calculation shall take into account all costs incurred between importation and resale and the profit and, where appropriate, the situation in which they were imported.
Normal value
(1) An amount determined on the basis of prices paid or to be paid for the like product intended for consumption in the exporting country in the ordinary course of trade shall be considered as normal value.
(2) In the absence of sales of the like product in the ordinary course of trade on the market of the exporting country or such product is not produced or sold in the exporting country, the basis for establishing normal value is:
(a) the comparable price of the like product exported to an appropriate third country, provided that that price is representative; or
(b) the price determined by the sum of the economic eligible costs and the reasonable profit in the country of origin.
(3) Sales do not allow proper comparison if:
(a) the volume of sales of the like product in the exporting country is less than 5% of the volume of sales of the allegedly dumped product to the Czech Republic, unless it is shown that sales in the Czech Republic are still large enough to allow a proper comparison,
(b) the sales volume at a price below the cost of production represents 20% or more of the sales volume of the allegedly dumped products on the export market or in a third country; and
(c) sales of the like product on the market of the exporting country took place within a period of less than six months before the initiation of the proceeding.
Comparison
(1) For the purpose of establishing whether imports of the dumped products took place, the export price and normal value of the like product shall be compared under comparable delivery conditions and, if possible, within the same time period. The weighted arithmetic average of normal values and the weighted arithmetic average of all export prices of similar products imported into the Czech Republic may be used in this comparison.
(2) When comparing, the export price and normal value are adjusted by a financially expressed fact which can be shown to affect the price comparison, namely:
(a) the quantity and physical characteristics of the products;
(b) taxes and charges levied on a like product intended for consumption in the exporting country or origin but not collected or refunded in the case of exports;
(c) differences in terms of sale and level of trade;
(d) other differences affecting price comparisons.
Dumping margin
(1) The dumping margin is the difference established in accordance with Article 4 by which the export price is lower than the normal value.
(2) Where dumping margins for the same product of the same producer vary or vary over time, their weighted arithmetic average shall be used to determine the dumping margin.
material injury
(1) For the purposes of this Act, material injury ("injury ') means material injury to the industry or a significant delay in the construction of the production of like products in the Czech Republic, which is due to imports of dumped products.
(2) A situation directly towards injury shall be considered as a threat of injury.
(1) The examination of injury shall be carried out:
(a) the volume and impact of imports of the dumped products on the prices of the like products on the market in the Czech Republic, in particular in view of the increase in imports of the dumped products,
(b) the consequent effect of imports of dumped products on the price level of the like product in the Czech Republic and the resulting effect of these imports on the industry concerned by assessing all economic factors and indices having an impact on the state of the industry. In particular, the actual and potential decrease in sales, profit, production, market share, productivity, return on investment or capacity utilisation, factors affecting domestic prices, dumping margins, actual and potential negative effects on cash movements, stocks, employment, wages and ability to raise funds for investment shall be examined.
(2) The injury assessment shall also examine other factors detrimental to the industry concerned. However, their effects cannot be attributed to the dumped imports. These are in particular the volume and prices of imports of products not sold at dumped prices, the decrease in demand or the change in the pattern of consumption, the restrictive trade practices and competition between foreign and domestic producers, the development of technology, the export performance and the productivity of the industry.
INVESTIGATION OF THE PRODUCT IMPORTS OF DUMPING
(1) A natural or legal person based in the Czech Republic may submit a written complaint to the Ministry of Industry and Trade (hereinafter referred to as "Ministry") to investigate whether imports of dumped products have taken place.
(2) The complaint shall contain the following reasonably available information to the applicant:
(a) for a legal person, the name, registered office and identification number, the name, surname, birth number and place of permanent residence of the natural person;
(b) the name of the manufacturer, the list of all known exporters, as well as importers of products known as dumped and the indication of the exporting country or origin,
(c) a list of all known producers in the Czech Republic producing the like product, including a description of the volume and value of their production,
(d) a document supporting the complaint from producers of the like product in the Czech Republic representing more than 25% of the total production of the like product,
(e) a description of the product considered to be dumped (tariff subheading),
(f) information on the export price of a product known as dumped and the price of the same or the like product on the market in the exporting country or in the country of origin,
(g) data showing injury caused by imports of the product considered to be dumped, including a monetary statement of its size and the factors and indicators available referred to in Article 7 (1) (b);
(h) imported or imported the presumed volume of the products considered to be dumped;
(i) data indicating the existence of a causal link between imports of products deemed to be dumped and the injury resulting therefrom;
(j) the justification for the complaint.
(3) The general rules on administrative procedures shall not apply to the procedure provided for in this Title.
(4) With the initiative to investigate whether imports of the dumped products have taken place, the complainant is obliged to deposit a bond which will be refunded if the Ministry issues a decision imposing a definitive anti-dumping duty ("definitive duty ') or a decision accepting an undertaking.
(5) The bail referred to in paragraph 4 is CZK 100,000.
(1) Within one month of receipt of the complaint, the Ministry shall invite other producers of the like product in the Czech Republic to submit written comments in favour or against the complaint and shall grant them a reasonable period of time not exceeding one month.
(2) On the initiative, the Ministry will request a written opinion from the Ministry of Finance, the Ministry of Foreign Affairs, the Office for the Protection of Competition and, where appropriate, another Ministry concerned, and will provide them with a period not exceeding one month.
(3) On the basis of the comments referred to in paragraph 1, the Ministry shall examine the proportion of the aggregate production of the producers supporting the complaint for the total production of the like product by all producers which have explicitly expressed their views, in favour or against the complaint, and shall inform the competent authority of the exporting country or origin of the complaint.
(4) The Ministry shall postpone the case if it finds that:
(a) the complaint contains manifestly false information or does not contain the particulars referred to in Article 8 (2), and the person who lodged the complaint shall not remove the deficiencies even after a written request by the Ministry within the prescribed period; or
(b) the aggregate production of the like product of those producers which have expressed and supported the complaint accounts for less than 50% of the total production of the like product produced by that part of the producers which have expressed their views in favour or against the complaint.
PROCEDURE FOR IMPORTS OF DUMPING PRODUCTS
Initiation and conduct of proceedings
Initiation
(1) The Ministry shall initiate proceedings where it has evidence suggesting the existence of imports of dumped products. The proceedings shall be initiated on the date on which the Ministry publishes the notice of initiation in the Commercial Bulletin.
(2) The notice of initiation shall contain:
(a) the name of the manufacturer, exporter and importer of the product considered to be dumped,
(b) the designation of the product subject to the procedure;
(c) country of export and country of origin,
(d) the data on which the allegation of the existence of imports of dumped products is based,
(e) a summary of the factors on which the claim of injury is based,
(f) the address to which the views of the parties are to be sent;
(g) a period of not less than one month from the date of initiation of the proceeding within which producers of the like product may make themselves known in the Czech Republic; the delay cannot be forgiven,
(h) an indication of the other reasons for initiating the procedure.
(3) The notice of initiation is simultaneously sent to:
(a) producers, exporters and importers of the product considered to be dumped,
(b) the competent authorities of the exporting country or country of origin;
(c) the complainant.
The parties shall be:
(a) the producer, exporter and importer of the product considered to be dumped;
(b) those who made themselves known within the time limit laid down in Article 10 (2) (g); and
(c) the entity which initiated the investigation.
Detection of evidence
(1) In order to assess whether the imports of the dumped products resulting from which injury was caused, the Ministry will request the necessary information from the parties, ministries and other administrative offices and other bodies concerned by the nature of the case. They are obliged to provide such information.
(2) At the request of the Ministry, the Ministry of Finance shall submit its opinion in the course of the procedure, in particular on price matters and the Office for the Protection of Competition in particular on matters of injury and competition protection.
(3) In order to obtain information, the Ministry may use a questionnaire, which it shall set a deadline of one month for completion and repayment. At the duly requested request of the party, the time limit may be extended.
(4) If the requested information is not submitted, the Ministry may carry out the procedure on the basis of the information available to it.
In order to verify the information requested by the Ministry from persons in other States or to obtain further information, the Ministry may, if necessary, carry out investigations on the territory of other States. The Ministry shall carry out the request or investigation if it receives the consent of the body concerned and the competent authority of that State does not object.
Confidential information
(1) Where the information is classified as confidential by its provider, it shall not be made public or made available to other parties without the consent of its provider. This is without prejudice to specific provisions governing trade, (1) economic, professional and state secrets.2)
(2) The Ministry will ask the provider of confidential information to obtain from it a sufficiently detailed non-confidential lift. If the provider considers that processing of such an elevator is not possible, it shall duly justify it.
(3) The Ministry will disregard any information it finds that the request for confidential treatment is not justified. The Ministry shall inform the provider accordingly.
(4) Persons who come into contact with information found during the proceedings are required to maintain confidentiality and not abuse their knowledge.
Oral proceedings
(1) The Ministry shall order oral proceedings whenever any party or representative of the competent authority of the State of export or origin so requests. If a party does not attend an oral hearing, his absence may not be prejudicial to his rights.
(2) Oral information shall not be taken into account if the party to the proceedings which provided it does not submit it to the Ministry within the prescribed period and in writing.
(3) The date of the oral hearing referred to in paragraph 1 shall be published by the Ministry in the Commercial Journal and shall inform the parties in writing at the same time.
(1) In the course of the procedure, the Ministry shall allow participants to familiarise themselves with all the documents relevant to the decision, which are not confidential and submitted by one of the participants. Such documents may be submitted by the parties to the proceedings in the Ministry for a reasonable period not exceeding one month.
(2) Before drawing up the decision, the Ministry shall inform all parties of the essential facts underlying the decision and shall provide them with a period of one month to make their views known.
(3) Where any party fails to provide the necessary information within the time limit or delay the hearing, both provisional and final decisions may be taken on the basis of the information available.
The Ministry shall terminate the procedure by decision within a period of not more than 12 months from the date of the initiation of the procedure. In particularly complex cases, it shall decide no later than 18 months after the date of initiation of the procedure.
Decision-making
Withdrawal of proceedings
(1) The Ministry of Management shall suspend proceedings if the reason for the proceedings has been lost, in particular if:
(a) the volume of imports of the dumped products is negligible; or
(b) the dumping margin is below 2% of the export price.
(2) The volume of imports of dumped products is considered to be negligible if:
(a) the volume of imports from one country represents less than 3% of imports of the like product into the Czech Republic; or
(b) import volumes from countries which individually represent less than 3% of imports of the like product into the Czech Republic do not cumulatively represent more than 7% of imports of the like product.
(3) The decision to terminate the procedure is notified by the Ministry by publication in the Commercial Journal. The date of publication shall be deemed to be the date of notification of the decision to the parties, which the Ministry shall also inform in writing.
Provisional anti-dumping duty
(1) If, in the course of the proceeding, the Ministry finds that imports of dumped products cause injury which would be difficult to remedy, it may issue a decision imposing a provisional anti-dumping duty (provisional duty) in order to prevent further injury.
(2) The rate of the provisional duty should not exceed the dumping margin found.
(3) In the decision imposing provisional duties, the Ministry will indicate in particular:
(a) the normal commercial description of the product;
(b) tariff subheading,
(c) the country of export and the origin of the product;
(d) the designation of the entity which initiated the investigation;
(e) the designation of the manufacturer or exporter;
(f) the dumping margin,
(g) a quantification of the injury suffered by the industry,
(h) the rate of the provisional duty and its period of application.
(4) The customs debt arising under paragraph 1 shall be secured in the form of a cash deposit or a guarantee. (3)
(5) Provisional duties shall be imposed no earlier than 60 days after the initiation of the proceeding. It shall be stored for up to four months, in exceptional circumstances up to six months. Where the party concerned so requests, provisional duties shall be imposed for up to six months, in exceptional circumstances for up to nine months.
(6) A situation where the course of the present proceeding suggests that a definitive duty lower than the dumping margin would be sufficient to eliminate injury is considered an exceptional circumstance.
(7) The decision imposing the provisional duty shall cease to apply on the date on which the decision accepting the undertaking, the decision imposing the definitive duty or the decision terminating the proceeding became final unless the period for its application has expired earlier.
(8) Decomposition against the provisional duty decision does not have suspensory effect. It is not possible to renew the proceeding or to review the decision outside the appeal procedure against a decision imposing a provisional duty. The decision imposing provisional duties shall be a decision which shall be reviewed by the court on the basis of action.4)
Acceptance of the undertaking
(1) The Ministry may accept, in the course of the proceeding, an undertaking by the exporter to adjust immediately the prices of the dumped products or to cease exporting the dumped products to the Czech Republic ("the undertaking") if the current proceeding demonstrates the existence of imports of the dumped products and of the injury caused by them, while at the same time the price increase offered by the exporter in that undertaking, which may be lower than the dumping margin but may not exceed it, is sufficient to eliminate injury.
(2) If the undertaking offered by the exporter is insufficient to eliminate the injurious effects of the imports of the dumped products or the number of actual or potential exporters of the dumped products is high, the Ministry shall notify the exporter of the reservations for the undertaking offered and shall provide him with a deadline for comments which shall not be less than one week.
(3) A commitment is accepted for a fixed period not exceeding five years, unless otherwise provided for in this law. In the decision accepting the undertaking, the Ministry may require the exporter to submit written reports on the fulfilment of the undertaking within the time limits set. Where a decision to accept an undertaking has been taken, the provisional duty may not subsequently be imposed. The decision to impose the provisional duty granted before the acceptance of the undertaking shall be repealed.
(4) The decision accepting the undertaking shall put an end to the proceeding if the exporter does not request a continuation of the proceeding or if the Ministry does not consider it necessary to proceed with the proceeding.
Procedure after acceptance of the undertaking
(1) If, in the decision accepting the undertaking, the Ministry does not stop the proceeding and finds, in the course of the further proceeding, that imports of the dumped products and the injury suffered by them have taken place and the undertaking accepted is sufficient, the proceeding shall be terminated.
(2) If, in the course of a further proceeding, the Ministry finds, after having taken a decision to accept the undertaking, that imports of the dumped products and the injury caused by it have taken place and the undertaking accepted does not correspond to the facts found, it shall repeal the acceptance decision. The exporter may, without undue delay, propose a new appropriate commitment to the Ministry.
(3) If, in the course of a further proceeding, the Ministry finds that there has been no imports of the dumped products and the injury suffered by them, it shall repeal the acceptance decision.
Infringement
(1) If the Ministry finds, after a decision to accept the undertaking has been taken, that the undertaking has been infringed, it may, upon request of the exporter's opinion, withdraw the acceptance decision. The failure to submit a report pursuant to Paragraph 20 (3) of this Act shall also be considered a breach of the undertaking.
(2) If the procedure has already been terminated, the Ministry may initiate a new procedure in the same case on its own initiative.
(3) If, following the annulment of the acceptance decision, a provisional duty has been imposed, the 60-day period laid down in Article 19 (5) shall not apply.
(1) The Ministry shall request comments on the draft decisions referred to in paragraphs 20 to 22 of the Ministry of Finance, the Office for the Protection of Competition, the Ministry of Foreign Affairs and, where appropriate, other ministries concerned. If they do not receive their comments within 15 days, they shall be deemed to agree to the proposal.
(2) The decisions referred to in paragraphs 20 to 22 shall be published by the Ministry in the Commercial Journal. The date of publication shall be deemed to be the date of notification of the decision to the parties, which shall also be individually informed by the Ministry in writing.
(1) Decomposition against the decisions referred to in paragraphs 20 to 22 does not have suspensory effect. It is not possible to renew the procedure or to review the decision outside the appeal procedure.
(2) The decision to accept an undertaking is an administrative decision which is not an interim measure and which is subject to review by the court on the basis of an action. 4)
Final duty
(1) If it is established in the proceeding that imports of injurious dumped products have taken place and no decision has been taken to accept the undertaking or the exporter has breached the undertaking, the Ministry shall issue a decision imposing a definitive duty.
(2) In the decision imposing definitive duties, the Ministry shall indicate in particular:
(a) the normal commercial description of the product;
(b) tariff subheading,
(c) the country of export and the origin of the product;
(d) the designation of the entity which initiated the investigation;
(e) the designation of the manufacturer or exporter;
(f) the dumping margin,
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Regulation Information
| Citation | Act No 152 / 1997 Coll., to protect against imports of dumped products and to amend and supplement certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.07.1997 |
|---|---|
| Effective from | 10.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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