. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/45 
G/SCM/Q1/CHN/45 15 June 2004 
 
 
(04-2585) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Additional Questions Posed by MEXICO Regarding the Notification of 
 
the PEOPLE'S REPUBLIC OF CHINA1 
  
 The following communication, dated 1 June 2004, is being circulated at the request of the 
delegation of Mexico. 
 
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  Please find below a number of follow-up questions to the Government of the People's Republic of China regarding its replies to Mexi co circulated in docum ents G/ADP/Q1/CHN/43, 
G/SCM/Q1/CHN/43, G/ADP/Q1/CHN/43/Corr.1 and G/SCM/Q1/CHN/43/Corr.1. 
 Provisional rules of the Ministry of Foreign Tr ade and Economic Cooperati on on the initiation of 
anti-dumping investigations.  
 
 Article 16 :  When there is no comparable price in  the ordinary course of trade, does the 
Chinese investigating authority prefer the option of  information on constructed value over the price 
for export to a third country, or are these alternatives  applied indiscriminately?  What are the criteria 
for their application?   
 Would you please clarify the instances in which actual constructed value cannot be obtained? 
  Article 26 :  As the questions posed by Mexico ha ve not been dealt with in the replies 
provided by the People's Republic of China, we  take this opportunity to restate them. 
  How does the Chinese investigating authority proceed if the applicant does not provide a 
summary of information classified as confidential an d does not explain the reasons for not providing 
such a summary?   Has the investigating authority established criteri a for the classification of information that is 
considered confidential? 
 
 Is there any mechanism for access to in formation classified as confidential? 
 
                                                     
 
1 (G/ADP/N/1/CHN/2/Suppl.1 of 18 February 2003). G/ADP/Q1/CHN/45 
G/SCM/Q1/CHN/45 Page 2 
 
 
 Provisional rules of the Ministry of Foreign Tr ade and Economic Cooperation on the questionnaire in 
anti-dumping investigations  (G/ADP/N/1/CHN/2/Suppl.1 of 18 February 2003). 
  Article 6 :  Could you please explain how the 20-day period is consistent with the period 
established under Article 6.1.1 and footno te 15 of the Anti-Dumping Agreement? 
 Provisional rules of the Ministry of Foreign Trad e and Economic Cooperation on public hearings in 
anti-dumping investigations  (G/ADP/N/1/CHN/2/Suppl.1 of 18 February 2003). 
 
 Article 4 :  Could you please describe the provisions of the Law on Keeping State Secrets 
with respect to national secrets, and also the pr ovisions on commercial secrets laid down in the Law 
on Unfair Competition?  What is the relationship between an anti-dumping in vestigation and personal 
privacy?  
 Article 27 :  Although in practice there have been no  instances calling for the refunding of the 
difference between cash deposits and the final margin  of dumping when this margin is less, would the 
People's Republic of China refund this differenc e plus the corresponding interest accrued, in 
accordance with Chinese legislati on, were the case to arise? 
  
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