. /.WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/24
G/SCM/Q1/CHN/24
12 September 2003
(03-4766)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing Measures
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Additional Questions Posed by the UNITED STATES
Concerning the Notification of the PEOPLE'S REPUBLIC OF CHINA1
The following communication, dated 10 September 2003, has been received from the
Permanent Mission of the United States.
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QUESTIONS ON ANTI-DUMPING
1. We note that Questions 1-21 of the US submission2 were answered, but Questions 22-38 were
not.3  In the May 2003 Committee meeting, China stated that the remaining answers would be
supplied shortly.  When does China intend to answer the remaining questions?
2. Will implementing rules governing the State Council Tariff Commission’s role, as described
in Articles 29, 38, 46 and 50 of the notified regulations, be issued?  If so, when?  To what extent will
the State Council Tariff Commission’s involvement in determinations be included in the public noticerequired under Article 12.2?
3. With regard to the Provisional Rules on Questionnaire in Anti-Dumping Investigations , if the
amended reason for requesting confidentiality is deemed insufficient under Article 20 of the notified
regulations, will the requesting party be provided  the opportunity to withdraw the material from
consideration before it is released as non-confidential or to amend the material provided for
consideration?
4. Is confidential information disregarded due to an insufficient non-confidential summary
treated differently in antidumping and countervailin g duty actions?  In antidumping actions, will the
respondent be given an opportunity to revise the non-confidential summary or retract the confidential
information to prevent its disclosure?  How will the Ministry of Commerce treat confidential
information submitted by respondents once the investigation is completed?
5. With regard to the Provisional Rules on Public Hearing in Anti-Dumping Investigations , if
issues arise pertaining to “national secrets” or “personal privacy” within the context of a public
hearing, would only the specific segments of the hearing in which those issues are to be discussed be
considered closed to the public or will the entire hearing be closed?
                                                     
1 G/ADP/N/1/CHN/2 + Suppl.1
2 G/ADP/Q1/CHN/14 – G/SCM/Q1/CHN/14.
3 G/ADP/Q1/CHN/19 – SCM/Q1/CHN/19.G/ADP/Q1/CHN/24
G/SCM/Q1/CHN/24
Page 2
6. Will hearings be permitted if requested with sufficient notice to allow timely completion of
the investigation or review?  How will parties be ma de aware of the cutoff date to request a hearing?
7. If a hearing is not held, can interested parties still provide information orally?   If Chinese
authorities accept such oral information, what steps will be taken to comply with Article 6.3?
8. With regard to the Provisional Rules on On-the-Spot Verification in Anti-Dumping
Investigations  will exporters whom the Ministry of Commerce deems not to “have been fully
cooperative in the investigation” be so notified and given a chance to submit additional information
through supplemental questionnaires prior to being denied verification?  Will respondents who havesupplied all but a small part of the information requested for verification still be subject to a facts
available determination?  Will respondents who provide all necessary, but not necessarily all
requested, information forfeit any opportunity for verification?  For example, would a respondent for
which the Ministry of Commerce determines a sufficient volume of domestic sales exists to calculate
normal value be denied verification for failing to provide third-country sales information if sorequested?
9. When the Ministry of Commerce does not verify a respondent due to its own resource
restraints or due to sampling, will the questionnaire responses of the respondents not verified be
accepted as submitted?
10. Article 7.2 of the Antidumping Ag reement and Article 28 of the Anti-Dumping Regulations of
the People's Republic of China  allow for a bond to be posted for provisional antidumping duties.
However, recent preliminary determinations do not allow for this option.
4  May importers use bonds
or other surety in lieu of cash payments in all cases?
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4 See, e.g., PRC Ministry of Commerce Public Notice 11 (2003) and Appendix relating to the anti-
dumping proceedings on polyvinyl chloride.