WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/17
G/SCM/Q1/CHN/17
7 May 2003
(03-2442)
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 Questions Posed by ARGENTINA 1
Regarding the Notification of CHINA2
The following communication, dated 30 April 2003, has been received from the Permanent
Mission of China.
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Q1. Various articles refer to the powers of the Ministry of Foreign Trade and Economic
Cooperation and of the State of th e Economic and Trade Commission.
Could the Chinese delegation clarify the specific functions of the two bodies and explain
how they are related and communicate with each other?
Reply
According to the Regulation, MO FTEC is in charge of investigation and determination of
dumping. SETC is responsible for investigation and determination of injury.  After the recent
government restructuring in March this year, the new-established Ministry of Commerce will be
responsible for both.
Q2. Article 7 refers to investigations concerning agricultural products.
Please explain how investigations are conducted  jointly with the Ministry of Agriculture.
Reply
If there is an investigation related to a agricultural product, the Ministry of Agriculture will
provide technology support and information analysis for the information of the domestic industry
injury or the threat of injury.
Q3. Article 8 refers to the factors relating to injury that are to be examined.  When referring
to the threat of injury, no mention is made of the factors to be taken into account.
Could the Chinese delegation specify the factors concerned?
                                                     
1 G/ADP/Q1/CHN/13-G/SCM/Q1/CHN/13
2 G/ADP/N/1/CHN/2G/ADP/Q1/CHN/17
G/SCM/Q1/CHN/17
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Reply
The Article 7 of Rules on Investigations and Determinations of Industry Injury for Anti-
Dumping( G/ADP/N/1/CHN/2/Suppl.2) has the following stipulation:
The following factors shall be examined in th e determination of threat of material injury
caused to a domestic industry by dumping:
(1) the increase and the likelihood of significant increase in the volume of the dumped imports;(2) the suppressing or depressing effects of the dumped imports on the price of the domestic like
product, or the likelihood of such effects;
(3) the production capacity, export capacity, the future potential production capacity and export
capacity of the producers and their related producers in the exporting countries (regions) or
the countries (regions) of origin of the dumped imports;
(4) the developing trend of the inventories of the exporting countries (regions), countries
(regions) of origin, and those of the producers and their related producers of the dumped
imports;
(5) the impacts and the potential impacts of the dumped imports on a domestic industry;
(6) the consequence of dumping in the market of a third country (region) by the dumped imports;(7) other factors.
The determination of threat of material injury shall be based on facts and not merely on
allegations, conjectures or remote possibilities.
Q4. Please explain what is meant in Article 10 by the phrase "separate identification of the
domestic production of the like product".
Reply
It means when the investigating authority assesses the effect of the dumped imports, “the
domestic production of the like product” should be taken as the first  important factor.
Q5. Could the Chinese delegation explain wh at is meant by "relevant organization" in
Article 13, and what other parties may request an investigation?
Reply
In the Chinese legal system, “relevant organization” has different kinds.  Some have legal
personality and some have no legal personality.  If there is no reference to other relevant
organizations, the provision include trade associat ions, or trade unions from being considered as
interested parties.
Q6. Please explain what is meant by "facts already known" in Article 21.G/ADP/Q1/CHN/17
G/SCM/Q1/CHN/17
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Reply
The “facts already known ” in Article 21 means “the facts available”.  And  a term used in the
Article 6.8 and the provisions of Annex II of Anti-Dumping Agreement.
Q7. Article 22:  Could the Chinese delegation state whether "administrative protective
orders" or a similar system is used to facilita te access by the lawyers and/or representatives of
opposing parties to information declared confidential?
Reply
There is no “administrative protective orders” or a similar system in China.  Confidential
information is only for the use of the investigating au thority.  The legal representative of parties other
than the party submitting it, could not have access to such confidential information.
Q8. Please explain how notification of the essentia l facts referred to in Article 25 is effected.
Reply
The “essential facts” referred to in Article 25 is the basis of the investigating Authority’s final
determination and it composes the main parts of the final determination.
Q9. With regard to subparagraph 5 of Article 27, please provide examples of what might be
other circumstances not appropriat e to continue the investigation.
Reply
As to subparagraph 5 of the Article 27 of the Regulation, there is not yet any case as such so
far.
Q10. Regarding provisional measures, please clarify the "special circumstances" referred to
in Article 30 for extending the duration of such measures to nine months.
Reply
With regard to the “Special circumstances” referred to Article 30, the similar article in the
Anti-Dumping Agreement stated that whenever the competent authorities are considering whether to
impose a lesser duty, the provisional measures can be extended to 9 months.  China does have thatpossibility. But so far, there is not yet any case as such.
Q11. Could the Chinese delegation explain how the extension of the measure referred to in
Article 28 is implemented?
Reply
According to Article 29 of the Regulation, the proposal imposing provisional anti-dumping
duties shall be put forward by MOFTEC, which has been restructured as Ministry of
Commerce(MOC).  On the basis of such a proposal, the Tariff Commission under the State Council
shall make a decision thereon.  So MOC has authority to decide the extension of the provisionalmeasures based on the actual situation of the case.G/ADP/Q1/CHN/17
G/SCM/Q1/CHN/17
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Q12. Could the Chinese delegation explain how the provisions of Article 56 are consistent
with the WTO Agreement?
Reply
As to the Article 56 of the Regulation, we had made a clarification last October in the TRM meeting
under Committee on Anti-Dumping Practices that there was yet to be any case as such so far.
Q13. Are the time-limits referred to in the Regulations calculated as working days or
calendar days?
Reply
The time-limits referred to in the Regulation are calculated as working days.
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