. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/47 
G/SCM/Q1/CHN/47 27 October 2004 
 
(04-4573) 
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 Questions Posed by MEXICO1 Regarding the Notification of  
the PEOPLE'S REPUBLIC OF CHINA2 
  
 The following communication, dated 27 October 2004, is being circulated at the request of 
the Delegation of the People's Republic of China. 
 
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 Provisional rules of the Ministry of Foreign Tr ade and Economic Cooperati on on the initiation of 
anti-dumping investigations  
 
Question 1 
Article 16:  When there is no comparable price in  the ordinary course of trade, does the Chinese 
investigating authority prefer the option of inform ation 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 instan ces in which actual constructed value cannot be 
obtained?  
Reply  
The authority may use constructed value or price for export to a third country.  There is no priority or 
hierarchy between them.  It depends on th e specific condition of the investigation. 
 
Question 2 
Article 26:  As the questions posed by Mexico have not been dealt with in the replies provided by the 
People's Republic of China, we take this oppor tunity to restate them.  How does the Chinese 
investigating authority proceed if the applicant do es not provide a summary of information classified 
as confidential and does not explain the reasons  for not providing such a summary?  Has the 
investigating authority established criteria for the classification of information that is considered 
confidential?  Is there any mechanism for acces s to information classified as confidential? 
 
Reply  
Under such circumstance, the authority will consider the application to be u nqualified, and require the 
applicant to furnish non-confidential summary.  Whether the information is considered confidentia l depends on whether its disclosure would be of 
significant competitive advantage to a competitor or whether its disclosure would have a significantly 
                                                     
 
1 G/ADP/Q1/CHN/45-G/ADP/Q1/SCM/45 
2 G/ADP/N/1/CHN/2/Suppl.1 of 18 February 2003. G/ADP/Q1/CHN/47 
G/SCM/Q1/CHN/47 Page 2 
 
 
 adverse effect upon a person supplying the inform ation or upon a person from whom that person 
acquired the information. Except the authority and the interested party who provided the confidential information, no other 
interested parties have access to  the confidential information. 
 
Provisional rules of the Ministry of Foreign Tr ade and Economic Cooperation on the questionnaire in 
anti-dumping investigations (G/ADP/N/1/C HN/2/Suppl.1, of 18 February 2003)  
 
Question 3  
Article 6:  Could you please explain how the 20-day period is consistent with the period established 
under Article 6.1.1 and footnote 15 of the Anti-Dumping Agreement? 
 
Reply  
Article 6 of the Provisional Rules of the Ministry  of Foreign Trade and Economic Cooperation on the 
Questionnaire in anti-dumping investigations does no t conflict with Article 6.1.1 and footnote 15 of 
the Anti-Dumping Agreement.  Article 6.1.1 and foot note 15 set the time lim it for the respondents to 
reply to the questionnaires, however, Article 6 of the Provisional Rules on the Questionnaire sets the 
time limit within which the interested party shou ld register with MOFCOM and respond to the 
investigation.  Only if interested parties regist er with MOFCOM and respond to the investigation 
would the authority issue questionnaires to them. 
 
Provisional rules of the Ministry of Foreign Trad e and Economic Cooperation on public hearings in 
anti-dumping investigations (G/ADP/N/1/C HN/2/Suppl.1, of 18 February 2003)  
 
Question 4  
Article 4:  Could you please describe the provisions of  the Law on Keeping State Secrets with respect 
to national secrets, and also the provisions on commercial secrets laid down in the Law on Unfair 
Competition?  What is the relationship between an  anti-dumping investiga tion and personal privacy? 
 
Reply  
Generally, anti-dumping investigations do not relate to personal privacy.  Under special 
circumstances, if the hearing involves personal privacy, upon request by interested parties, the 
authority may decide to hold the hearing in other forms and not open to the public.  
Question 5  
Article 27:  Although in practice there have b een 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? 
 
Reply  
There has no Article 27 in Provisional rules of the Ministry of Foreign Trade and Economic Cooperation on public hearings in anti-dumping investigations. 
 
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