WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/29
G/SCM/Q1/CHN/29
8 October 2003
(03-5319)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by MEXICO Regarding the Notification
of the PEOPLE'S REPUBLIC OF CHINA1
The following communication, dated 7 October 2003, has been received from the Permanent
Mission of Mexico.
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Mexico wishes to put the following questions to the Government of the People's Republic of
China in connection with the notification of the documents referred to hereunder:
III. PROVISIONAL RULES CONCERNING THE AGREEMENT ON SUBSIDIES AND
COUNTERVAILING MEASURES (ASCM), CIRCULATED IN DOCUMENT
G/SCM/N/1/CHN/1/SUPPL.1 OF 18 FEBRUARY 2003.
Provisional rules for initiation of a countervailing duty investigation
Article 3
Please explain under what circumstances MOFTEC may initiate an investigation on its own
initiative.
Article 7
What are the criteria for determining that an industry is fragmented for the purpose of using
sampling methods?  Is this provision compatible with ASCM Article 14.4?
Article 35
What is the time-limit for governments to reply to the invitation to hold consultations?  Is the
investigation initiated upon expiry of the time-limit?
Please indicate whether the subsidies referred to in ASCM Articles 3 and 5 are also covered
by consultations under Article 35.
                                                     
1 G/SCM/N/1/CHN/2/Suppl.1.G/ADP/Q1/CHN/29
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Provisional rules for questionnaires in countervailing duty investigations
Article 9
What criterion is used to determine that there are "too many" responding companies in an
investigation?
Article 23
Please clarify the significance of the "certificate … stating that the information submitted …
is accurate and complete".
IV. RULES ON INVESTIGATIONS AND DETERMINATIONS OF INDUSTRY INJURY
FOR COUNTERVAILING MEASURES (G/SCM/N/1/CHN/1/SUPPL.2, 14 APRIL
2003).
Article 7(3)
ASCM Article 15.7(iv) provides that consideration should be given to the likelihood that
subsidized import prices would have the effect of increasing demand for further imports.  Article 7(3)
does not include this provision.  Does this mean that such a likelihood would not be analysed?
Article 25
What is meant by the term "other organizations" in paragraphs 1 and 3?  For what reason are
traders of the like product included as interested parties (paragraph 3)?
Article 26
What is the "certificate of identity"?  By what regulations is it governed?
Article 30
What other types of questionnaire are covered by this Article?
Article 42
What are the rules governing confidential in formation?  Is access to such information
permitted?  If so, what procedure has to be followed?
Article 50
Explain how the first paragraph is consistent with the last.  Does the investigation have to be
terminated under any of the circumstances provided for in paragraphs 1 or 5, without distinction?
Article 58
What is meant by "appropriate measures" in this context?G/ADP/Q1/CHN/29
G/SCM/Q1/CHN/29
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V. RULES ON PUBLIC HEARINGS WITH REGARD TO INVESTIGATIONS OF
INJURY TO INDUSTRY (G/SCM/N/1/CHN/1/SUPPL.2, 14 APRIL 2003).
Article 7
Are all interested parties called to attend hearings?  If not, in what cases are they not called?
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