(c) A claim under subparagraph (b) must be made in writing and contain sufficient evidence that the producer operates under market economy conditions, that is if:
– decisions of firms regarding prices, costs and inputs, including for instance raw materials, cost of technology and labour, output, sales and investment, are made in response to market signals reflecting supply and demand, and without significant State interference in this regard, and costs of major inputs substantially reflect market values,
– firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes,
– the production costs and financial situation of firms are not subject to significant distortions carried over from the former non-market economy system, in particular in relation to depreciation of assets, other write-offs, barter trade and payment via compensation of debts,
– the firms concerned are subject to bankruptcy and property laws which guarantee legal certainty and stability for the operation of firms, and
– exchange rate conversions are carried out at the market rate.
A determination whether the producer meets the abovementioned criteria shall be made within three months of the initiation of the investigation, after specific consultation of the Advisory Committee and after the Community industry has been given an opportunity to comment. This determination shall remain in force throughout the investigation.''
II. Article 17(1) and (3) of the basic regulation:
1. In cases where the number of complainants, exporters or importers, types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available.
…
3. In cases where the examination has been limited in accordance with this Article, an individual margin of dumping shall, nevertheless, be calculated for any exporter or producer not initially selected who submits the necessary information within the time-limits provided for in this Regulation, except where the number of exporters or producers is so large that individual examinations would be unduly burdensome and would prevent completion of the investigation in good time.''
【作者简介】
杨国华，男，1965年3月生。1996年毕业于北京大学法律系，获法学博士学位。现任中华人民共和国商务部条约法律司副司长。
【注释】 Judgment of the General Court, 4 March 2010. In Case T-401/06. Brosmann Footwear (HK) Ltd, established in Kowloon (China),Seasonable Footwear (Zhongshan) Ltd, established in Zhongshan (China),Lung Pao Footwear (Guangzhou) Ltd, established in Guangzhou (China),Risen Footwear (HK) Co., Ltd, established in Kowloon v. Council of the European Union, supported by European Commission, and by Confédération européenne de l''industrie de la chaussure (CEC), established in Brussels (Belgium)。第72-80段。
Judgment of the Court, 2 February 2012, In Case C-249/10 P。Brosmann Footwear (HK) Ltd, established in Kowloon (China), Seasonable Footwear (Zhongshan) Ltd, established in Zhongshan (China), Lung Pao Footwear (Guangzhou) Ltd, established in Guangzhou (China), Risen Footwear (HK) Co. Ltd, established in Kowloon, appellants, the other parties to the proceedings being: Council of the European Union, defendant at first instance, European Commission, Confédération européenne de l''industrie de la chaussure (CEC)。第30-40段。
