./.  WORLD TRADE  
ORGANIZATION  G/ADP/W/439 
21 September 2004 
 
 (04-3980) 
Committee on Anti-Dumping Practices Original:   English 
  
 
TRANSITIONAL REVIEW MECHANISM PURSUANT TO 
SECTION 18 OF THE PROTOCOL ON THE ACCESSION 
OF THE PEOPLE'S REPUBLIC OF CHINA 
 
Questions from the European Communities
 
 
  In the context of increased use of Anti-Dumpi ng instruments by China, the EC expresses its 
concern that some aspects of the Anti-Dumping proceed ings  raise questions in terms of transparency 
and protection of confidentiality of data. 
 
1. The People’s Republic of China is currently  requesting Chinese legal representation in case of 
anti-dumping proceedings. Non-Chinese lawyer may no t represent exporters in the context of Anti-
Dumping proceedings (e.g. submit written comment s, participate in hearings). It was our 
understanding that this was a transitional requi rement and not a permanent restriction.  
 
(a) Can the People’s Republic of China please explain why this requirement is maintained? 
 (b) Can the People’s Republic of China please explai n whether and when they intend to lift this 
obligation? 
 
2. It is our understanding th at the Chinese Investigating Authorities do not automatically 
conduct on-spot-visits at domestic industry before Imposition of Provisional Measures. 
 (a) Can the People’s Republic of China please explain what actions they are taking to ensure the 
accuracy of the data received from the domestic industry? 
 
(b) Can the People’s Republic of China please e xplain if they have any written instructions 
determining the process of verification of data provided by the domestic industry? 
 (c) Can the People’s Republic of China please ou tline the main steps of such verification 
process? 
 
3. When is China going to notify the Committe e of the enactment of the new Foreign Trade 
Law?  4. Pursuant to Article 6.5 of the WTO Agre ement on Anti-Dumping covering the subject of 
Confidentiality, information can only be provided on  a confidential basis if “good cause” has been 
shown.  This implies that a simple request of confidentiality is not sufficient.   (a) Can the People’s Republic of China please explain what actions they are taking to verify, 
before granting confidential treatment requ ested by the Chinese Industry, that such 
confidentiality is indeed warranted in accordance with Article 6.5 ADA? 
 G/ADP/W/439 
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 (b) Can the People’s Republic of China please expl ain whether they would continue to consider 
information as confidential, which  in the me antime has been made public in another form. 
 5. Experience on cases, where definitive measures ha ve been imposed, have raised doubt about 
the respect of confidentiality when requested by European Industry. 
 
(a) Can the People’s Republic of China please ou tline and explain the criteria that determine 
whether information can be considered confidential? 
 6. Article 6.9 of the WTO Agreement on Anti-Du mping require that “The authorities shall, 
….inform all interested parties of the essential facts under consideration….”. 
 
(a) Can the People’s Republic of China please explai n what in their view and practice constitutes 
“essential facts” which consequently have to be contained in the disclosure? 
 
(b) Can the People’s Republic of China please expl ain if they consider considerations and 
interpretations of data to be essential facts? 
 
(c) Can the People’s Republic of China please explai n if they consider access to the file to be a 
part of the disclosure? 
 
7. We note that the Chinese Authorities toda y systematically impose provisional measures 
before on-spot-visits, based on “facts available”.  (a) Could the People’s Republic of China please 
explain how the use of facts available relates to Article 6.8 ADA? The EC is particularly concerned about this issue because experien ce shows that definitive measures mi ght be considerably lower than 
the provisional measures imposed on the basis of facts available.  
 
(a) Can the People’s Republic of China please expl ain if they will consider conducting on-spot-
visits prior to the imposition of provisional measures? 
 
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