Guidelines on the Implementation of Articles 10, 11, and 18 of the Anti-Dumping and Countervailing Measures Law
关于实施《反倾销与出口国补贴反制法》第10条、第11条和第18条的指导意见
ຄຳແນະນຳ ກ່ຽວກັບ ການຈັດຕັ້ງປະຕິບັດ ມາດຕາ 10, 11 ແລະ 18 ຂອງກົດໝາຍວ່າດ້ວຍການຕອບໂຕ້ການທຸ່ມຕະຫຼາດ ແລະ ການຊ່ວຍໜຸນຂອງປະເທດຜູ້ສົ່ງອອກ
Summary
The Ministry of Industry and Commerce issues guidelines detailing Articles 10, 11, and 18 of the Anti-Dumping and Countervailing Law, specifying methods for determining normal value, formulas for calculating dumping margins, and methods for determining material injury to domestic producers.
Articles
Article 1
Determination of Normal Value. In cases where there is no sale of like products in the domestic market of the exporting country, or where such sales cannot be compared due to the particular market situation in the exporting country, or where the volume of sales of like products is less than five percent of the volume sold to the Lao People's Democratic Republic, the normal value shall be determined in accordance with Article 10 of the Law as follows: 1. The export price of like products sold to a third country (which imports the product under investigation) shall be used if there are reasonable grounds to believe that such price reflects the market price in the exporting country; consideration shall be given to whether the volume of exports from the exporting country to that third country is greater than the volume exported to other countries, and the products sold to that third country must be like products to those sold to the Lao People's Democratic Republic; alternatively, the Information Investigation Committee may, at its discretion, consider other factors it deems appropriate. 2. The price calculated based on the cost of production in the country of origin, plus administrative, selling, and other costs, and including the profit incurred. This price shall be calculated based on the accounting records of the exporter or producer under investigation during the period of information investigation, provided that such accounting records are in accordance with generally accepted accounting principles in the exporting country and reasonably reflect the costs associated with production and sales.
Article 2
Calculation Method for Dumping Margin. In accordance with Article 11 of the Law, the detailed calculation method is as follows: 1. Formula for calculating dumping margin: Dumping margin = (Difference ÷ Export price) × 100. 2. Calculation of the difference: To determine the difference between the normal value and the export price for transactions conducted at the same level of trade and within the same time period, there are three comparison methods: (1) Comparison of weighted average normal value and weighted average export price — Comparing the weighted average normal value with the weighted average export price. The weighted average price is the average price calculated based on the quantity and frequency of sales or exports of the investigated goods. As the quantity of each sale or export may differ, resulting in unequal normal values or export prices for each transaction, the formula is: Difference = Weighted average normal value − Weighted average export price; The method for calculating the weighted average price is: Multiply each price by its weighted quantity, sum them, and then divide by the total quantity, i.e., Weighted average price = [(Price1 × Quantity1) + (Price2 × Quantity2) + (Price3 × Quantity3)] ÷ (Quantity1 + Quantity2 + Quantity3). (2) Comparison of transaction-by-transaction normal value and export price — Comparing the normal value of each domestic sale transaction in the exporting country with the export price of each export transaction, the formula is: Difference = Normal value of each transaction − Export price of each transaction. (3) Comparison of weighted average normal value and transaction-by-transaction export price — Comparing in cases where export prices differ due to differences in buyers, regions, or export times, comparing the weighted average normal value with the export price of each export transaction, the formula is: Difference = Weighted average normal value − Export price of each transaction.
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