./.WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/11
G/SCM/Q1/CHN/11
8 April 2003
(03-1932)
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
Questions Posed by the EUROPEAN COMMUNITIES Regarding
the Notification of THE PEOPLE'S REPUBLIC OF CHINA1
The following communication, dated 7 April 2003, has been received from the Permanent
Delegation of the European Commission.
_______________
Provisional Rules on Initiation of Anti-Dumping Investigations
1. It results from Article 32 of the Provisional Rules that before initiation of an investigation the
Bureau of Fair Trade may conduct on the spot verifications on the issues contained in the application
and supporting materials.  Could the PRC please clarify what type of investigation is envisaged, given
in particular of the fact that the application includes a.o. information on dumping ?
Provisional Rules on Questionnaire in Anti-Dumping Investigations
2. The Provisional Rules set out a number of requirements for responding companies (see for
example Articles 7, 12-16, 22-28).  Can the PRC please  confirm that it will apply these provisions in
the light of Article 6.13 and Annex II of the Anti-Dumping Agreement (ADA)?  Would e.g.
documents submitted in English, as a WTO language, but not translated into Chinese be regarded as
“facts available“, or will such documents be disregarded?
3. Article 20, second paragraph provides that MOFTEC may disregard information if the
responding company does not submit a satisfactory non-confidential summary.  Would the authorities
of the PRC nevertheless use such information if it can be demonstrated from appropriate sources that
the information is correct, in accordance with Article 6.5.2 ADA?
4. Article 27 of the Provisional Rules states that the questionnaire response of the responding
company shall be submitted through a practising attorney at law of the PRC and that relevant matters
shall be dealt with by the attorney.  Does this mean that a responding company cannot submit its
response directly to MOFTEC or through any other lawyer?  What are the consequences of notcomplying with this provision? How does this provision relate to Article 6.13 and Annex II ADA?
                                                     
1 G/ADP/N/1/CHN/2/Suppl.1G/ADP/Q1/CHN/11
G/SCM/Q1/CHN/11
Page 2
Provisional Rules on Sampling in Anti-Dumping Investigations
5. According to the Provisional Rules MOFTEC shall decide on the selection of the sample and
the disagreement of exporters and producers to the selection has no prejudice to the selection ofMOFTEC (Article 8).  Could the PRC clarify how  these provisions relate to Article 6.10.1 ADA?
Provisional Rules on On-the-Spot Verification in Anti-Dumping Investigations
6. Article 12, paragraph 2 of the Provisional Rules provides that where non-governmental
experts take part in the on-the-spot verification, they shall strictly abide by the obligation of
confidentiality.  Are such experts subject to effective sanctions for breach of confidentialityrequirements, in accordance with Article 2 of Annex I of the ADA?
Provisional Rules on Price Undertakings in Anti-Dumping Investigations
7. Could the PRC please clarify what type of criteria would be considered under Articles 10 (3)
and 22 of the Provisional Rules, for the acceptance or cancelling of a price undertaking ?  What public
interest considerations could play a role in Article 22 other than violation of the undertaking or
effectiveness of the measures?
Provisional Rules on New Shipper Review in Anti-Dumping Investigations
8. Could the PRC please clarify the provision of Article 6 of the Provisional Rules?
9. Article 7 of the Provisional Rules provides that the application for new shipper review shall
be filed not later than 30 days after the actual export.  According to Article 5, paragraph 2 the exportshall be made in sufficient quantities.  How should the period of 30 days be counted if several export
transactions took place at different moments, which cumulatively would constitute a sufficient
quantity?
Provisional Rules on Interim Review of Dumping and Dumping Margin
10. According to Article 6 the application for an Interim Review shall be filed within 30 days
from the date after each single year has elapsed following the anti-dumping measures entering into
force.  Would this mean that where a change of circumstances occurred shortly after the anniversary
of the measures no application for review could be filed until the next anniversary of the measures?
11. Where the applicants of the original anti-dumping investigation make comments, pursuant to
Article 11 of the Provisional Rules, on whether such  review shall be initiated, would such comments
be available to the exporters and producers requesting the review?
12. Articles 25-27: could the PRC please clarify whether the investigation in an interim review
can only cover dumping or whether it can also cover injury in accordance with Article 11.2 ADA?
__________