./.WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/30
G/SCM/Q1/CHN/30
14 October 2003
(03-5433)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to the Follow-Up Questions Posed by the UNITED STATES 1
Regarding the Notification of CHINA2
The following communication, dated 9 Octoner 2003, has been received from the Permanent
Mission of China.
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Q1. What is the role of the State Council Tariff Commission in countervailing duty (“CVD”)
investigations?  Will implementing rules governing any such State Council Tariff Commission
role be issued?  If so, when? To what exte nt will the State Council Tariff Commission’s
involvement in determinations be included in the public notice required under Article 23.2 of
the ASCM?
Reply
The decision to apply provisional countervailing measures or countervailing duty or to retain,
amend, or terminate countervailing duty shall be made by the State Council Tariff Commission upon
proposal by the Ministry of Commerce.  This is based on the different functions allocated amongstgovernment departments.
With regard to Article 23.2 of the ASCM mentioned in the US questions, we would much
appreciate it if the US could tell us where it is located in the Agreement.
Q2. With regard to confidential material submitted to the Ministry of Commerce, but
disregarded under Article 20 of the Provisional Rules for Questionnaires in Countervailing Duty
Investigations  due to insufficient non-confidential summary, will China use and release this
confidential information, or use facts available?  If a respondent’s request for confidentiality is
denied, would the respondent be given an opportunity to revise the non-confidential summaryor any confidential information, or to withdraw such information, before it is released to
prevent its disclosure?  How will the Ministry of Commerce treat confidential information
submitted by the respondents once the investigation is completed?
                                                     
1 G/ADP/Q1/CHN/25-G/SCM/Q1/CHN/25
2 G/SCM/N/1/CHN/1 + Suppl.1G/ADP/Q1/CHN/30
G/SCM/Q1/CHN/30
Page 2
Reply
If the respondent refuses to make amendments or if the amended non-confidential summary
does not satisfy requirements, the Ministry of Commerce may disregard the materials, unless it can bedemonstrated to their satisfaction from appropriate sources that the information is correct.  If the
investigating authorities consider that the request for confidentiality is not justifiable, the requests for
confidentiality will not be arbitrarily rejected.  After the investigation, the confidential information
still will not be disclosed without permission of the interested party submitting it.
Q3. If issues arise pertaining to “national secr ets” or “personal privacy” within the context
of a public hearing, would only the specific segmen ts of the hearing in which those issues are to
be discussed be considered closed to the public or will the entire hearing be closed?
Reply
The Ministry of Commerce will decide to close such discussion or the entire hearing to the
public in light of the impact of the segments involving discussion of issues pertaining to “national
secrets” or “personal privacy” on the hearing.
Q4. Will hearings be permitted if requested with sufficient notice to allow timely completion
of the investigation or review?  If so, how will parties be made aware of the deadline forrequesting a hearing?
Reply
The interested parties shall submit their reques ts for a hearing within a specified time limit
stated by the investigating authorities without imposing a cumbersome burden on the normal progress
of the investigation.
Q5. If a hearing is not held, can interested parties still provide information orally?  If the
Chinese authorities accept oral information, (e.g., ex parte  meetings) in lieu of hearings, what
steps will be taken to comply with Article 12.2 of the ASCM?
Reply
The interested parties may present information orally after giving good reason for doing so.
But the interested parties must subsequently submit the information in writing to the Ministry of
Commerce.  The Ministry will decide whether to accept such information in light of the specificcircumstances.
Q6. In all cases in which the Ministry of Commerce does not verify a respondent due to its
own resource constraints or sampling, will the questionnaire responses of the respondents which
were not verified be accepted as submitted?
Reply
The Ministry of Commerce may accept and examine individually the completed
questionnaires submitted in a timely manner by exporters and producers who were not selected forsampling but have requested a separate examination, provided that such separate examination would
not prevent the timely completion of the countervailing duty investigation.
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