WORLD TRADE  
ORGANIZATION  G/SG/Q1/CHN/16 
19 April 2004 
 (04-1730) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Questions Posed by MEXICO
1 Regarding the Notification of the  
PEOPLE'S REPUBLIC OF CHINA2 
 
 
 The following communication, dated 16 April 2004,  is being circulated at the request of the 
Delegation of China.  
_______________ 
  I. REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON SAFEGUARDS 
(G/SG/N/1/CHN/2, 28 August 2002) 
Q1. Where does MOFTEC publish the analyses, determinations, decisions, etc. mentioned in 
the regulations?  
Reply
 
  The relevant public notices or decisions mentione d in Regulations of the People’s Republic of 
China on Safeguards will be published in China Fo reign Trade and Economic Cooperation Gazette, as 
well as on the official website of the Ministry of Commerce:  www.mofcom.gov.cn
. 
 
 Article 12:   
 
Q2. What other appropriate means are there for conducting the investigation?   
 
Reply  
  For example, on-the-spot verification, which is an appropriate means as well.    Provisional rules on initiation of safeguards investigations
 
  Article 3:  Q3. Please explain under what circumstances MOFT EC may initiate an investigation on its 
own initiative.    
                                                     
 
1 G/SG/Q1/CHN/11 
2 G/SG/N/1/CHN/2, 28 August 2002;  G/SG /N/1/CHN/2/Suppl.1, 19 February 2003. G/SG/Q1/CHN/16 
Page 2  
 
 Reply
 
  Even if no written application for safeguard meas ures is received, the investigating authority 
may decide to initiate an investigation on its own initiative on the basis of sufficient evidence showing 
that the increase in quantities of the imported product causes or threatens to caus e serious injury to the 
domestic industry. 
 
 Article 20:  
 
Q4. What is meant by "standardized terminology"?   
 
Reply
 
  It refers to those standard wording or technical terms.  Provisional rules for public hearings in safeguards investigations
 
  Article 4:  Q.4 What criterion is used as a basis for classifying information as a business secret?   
 
 What are the guidelines for the possibility of refusing to hold a hearing?    
Reply
 
  It refers to the information that any disclosure would create significantly adverse effects to 
those interested parties providing the information. 
  Up to now we do not have such practice as refusing to hold a public hearing. 
 
 Article 13:  
 
Q5. What criteria are used for deciding who is  entitled to provide additional evidence?  
What are the guidelines for deciding whether to suspend or terminate the hearing?   
 
Reply  
 
 The presiding official for the hearing may deci de to allow the interested party to provide 
additional evidence if those evidence is closel y related to the ongoing investigation.  
  In case of unexpected matters such as serious  disturbance, the presiding officials for the 
hearing may decide to suspend the hearing; or if it is unnecessary to continue the hearing, it may be 
terminated.  
 
II. RULES ON INVESTIGATIONS AND DETERMINATIONS OF INDUSTRY INJURY 
FOR SAFEGUARDS (G/SG/N/1/CHN/2/SUPPL.2, 15 April 2003)  
Article 22:  
 
Q6. What are the other types of questio nnaire to which reference is made?   
  G/SG/Q1/CHN/16 
 Page 3 
 
 
 Reply  
  Usually we send no other questionnaires than th e 5 types provided in Article 22, while we 
may use other types of questionnaires according to th e specific circumstances of various cases. So far 
we have not issued other types of questionnaires. 
 
III. RULES ON PUBLIC HEARINGS WITH REGARD TO INVESTIGATIONS OF 
INJURY TO INDUSTRY (G/SG/N/1/CHN/2/SUPPL.2, 15 April 2003) 
Article 13:  
 
Q7. Are there any criteria for determining on what subject supplementary evidence may be 
submitted?  Are there guidelines for deciding wh ether to suspend, postpone or terminate the 
hearing, or do these powers lie at the discretion of the official chairing the hearing?   
 
Reply
 
 
 The hearing officials have the right to decide  on whether evidential materials which have not 
been provided in accordance with Article 8 will be allowed to be submitted at the public hearings. 
Generally speaking, new evidential material s will not be accepted at the hearings. 
  Concerning the guideline for deciding whether to suspend, postpone or terminate the hearing, 
this has been provided for in Article 22 and Article 23. 
 
 Article 24:  
 
Q8. Are joint decisions taken by a majority vote or does there have to be a consensus?  If 
they are taken by a majority vote, is there a casting vote?    
Reply
 
  We don’t have a voting mechanism, but vi ews of the majority will be adopted.   
 
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