WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/41 
G/SCM/Q1/CHN/41 15 April 2004 
 
(04-1684) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Follow-Up Questions from the UNITED STATES
1 
Regarding the Notification of CHINA2 
   The following communication, received on 13 April 2004, is being circulated at the request of 
the Delegation of China. 
 
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A.  Please describe the assistance the Ministry of Agriculture will provide.  Will the 
Ministry of Agriculture have any role in gathering information, calculating countervailing duty 
rates or making an injury determination?   If so, please describe those roles. 
 
Reply
 
 
 The Ministry of Agriculture is responsible fo r assisting investigations involving agricultural 
products, e.g. in assisting identifying domestic  products, domestic indus try and on-the-spot 
verification.  The Ministry of Agriculture al so provides relevant information and data.  
 
B.  Does this mean that volume and pricing data that China's investigating authority 
considers for purposes of its injury analysis pur suant to Article 3.2 of the AD Agreement and 
Article 15.2 of the SCM Agreement will include da ta pertaining to the dumped or subsidized 
imports that are ultimately excluded from the scope of  its order?  If this is the case, what is the 
logical basis for China premising an affirmative in jury determination in part on data relating to 
the same imports it determines, in the context of the same investigation, are not causing injury?  
Can exclusion of certain portions of the produc t under investigation pursuant to Article 13 of 
the Rules be based on the purchaser of the pro duct under investigation, or the region or time 
period in which the product under investigation is sold? Has China applied this provision in any investigation? If so, could China please provide  details involving the application of this 
provision. 
 
                                                     
 
1 G/ADP/Q1/CHN/37-G/SCM/Q1/CHN/37.  See also orig inal questions posed by the United States in 
G/ADP/Q1/CHN/27-/SCM/Q1/CHN/27.  Original replies by China in  G/ADP/Q1/CHN/34-G/SCM/Q1/CHN/34 
(27 October 2003). 
2 G/SCM/N/1/CHN/1/Suppl.2  (14 April 2003) G/ADP/Q1/CHN/41 
G/SCM/Q1/CHN/41 Page 2 
 
 
 Reply
 
  Rules on Investigations and Determinations of Injury for Anti-subsidy  has been annulled 
recently and this article has been deleted.  C.  Will information presented by users and consum ers on public interest, or adequate non-
confidential summaries thereof, be made part of the public record? 
 
Reply
 
 
 Rules on Investigations and Determinations of Injury for Anti-subsidy  has been annulled 
recently and this article has been deleted.  
D.  Will all requests by interested parties fo r public hearings be honoured, including when 
the investigating authority thinks it has fully understood the opinions of the interested parties?  
Reply
 
  The request for hearing in compliance with laws and regulations are normally accepted.  E.  Will undertakings be sought or accepted prior to an affirmative preliminary determination of subsidization and inju ry caused by such subsidization? 
 
Reply
 
 
 No. 
 
F.  Will China provide “timely” access to non- confidential information after the publication 
of the final determination per Article 12.3 of the ASCM?  How long after the final 
determination will the public record be available?  In the case of a positive determination, will 
the public record be available as long as the particular countervailing duty measures are in 
place?  
Reply
 
  Yes.  After a reasonable period of time, the interested parties may have access to public 
information that is kept in the public reading room of Ministry of Commerce.  
 
G..  What part of the Regulations of the People’s Republic of China on Countervailing 
Measures  provides for the immediate termination of in vestigation in cases where the amount of 
a subsidy is de minimis ? 
 Reply
 
 
 What is stipulated in Regulation of the Pe ople’s Republic of China on Anti-subsidy may not 
necessarily be written in the Rules on Investigations and Determinations of Injury for Anti-subsidy.  
In practice, the investigating authority shall make reference to both. 
 
H.  Does the Bureau of Industry Injury Investi gation initiate expiration reviews separately 
from the Bureau of Fair Trade for Import a nd Export?  Which Bureau is responsible for 
conducting the expiration review? 
  G/ADP/Q1/CHN/41 
 G/SCM/Q1/CHN/41 
 Page 3 
 
 
 Reply  
 
 Rules on Investigations and Determinations of Injury for Anti-subsidy  has been annulled 
recently and this article has been deleted. 
 
 
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