G/ADP/Q1/CHN/71  
G/SCM/Q1/CHN/71  
G/SG/Q1/CHN/31  
 
5 October 2018 
(18-6140) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UND ER  
ARTICLES 18.5 , 32.6 AND 12.6 OF THE AGREEMENTS  
QUESTIONS POSED BY T HE UNITED STATES REG ARDING  
THE NOTIFICATION S OF CHINA1 
The following communication, dated 2 7 September 2018, is being circulated at the request of the 
Delegation of the United States.  
 
_______________  
 
 
The United States thanks China for its 23 May 2018 notification of the Interim Rules on 
Implementation of the World Trade Organization Ruling in Dispute Concerning Trade Remedy 
Measures (Interim Rules), and poses the following questions:  
 
Question 1  
 
We note the Interim Rules were promulgated five years ago. Please explain whether China has 
finalized these rules, or has plans or a process for estab lishing final rules on the implementation of 
World Trade Organization rulings in disputes concerning trade remedy measures.  
 
Question 2  
 
Article 2 of the Interim Rules states that the Ministry of Commerce (MOFCOM) "may propose or 
determine to amend or rep eal such anti -dumping, countervailing or safeguard measures, or decide 
to take other appropriate measures in accordance with law. " Please explain what "other appropriate 
measures " MOFCOM may take if MOFCOM determines to not amend or repeal anti -dumping, 
countervailing or safeguard measures.  
 
Question 3  
 
In Article 4, the Interim Rules state that "{t}he reinvestigation may be conducted by means of inter 
alia questionnaire, sampling, hearing and on -site verification. " 
 
a. Please explain whether a reinvestigat ion would follow the same regulations and methodology 
as the original investigation.  
 
b. Please clarify whether reinvestigations will include a preliminary determination.  
 
Question 4  
 
Article 5 of the Interim Rules states that, before the determination, interested parties would be 
provided "reasonable time " to make comments on the "essential facts which form the basis for the 
determination. " Please explain what constitutes a "reasonable  time" to provide comments on the 
essential facts disclosed in a reinvestigation.  
                                                
1 G/ADP/N/1/CHN/2/Suppl.7 -G/SCM/N/1/CHN/1/Suppl.5 -G/SG/N/1/CHN/2/Suppl.5 . For the sake of 
efficiency, the United States suggests that committee review for this question be conducted in the Committee 
on Anti -Dumping Practices.  G/ADP/Q1/CHN/71 • G/SCM/Q1/CHN/71 • G/SG/Q1/CHN/31  
 
- 2 - 
 
   
Question 5  
 
Please clarify whether a recommendation made by MOFCOM to the State Council Tariff Commission 
on amending or repealing the tariff measures, as described in Arti cle 6 of the Interim Rules, will 
occur before the deadline specified by the WTO Dispute Settlement Body for China to bring its 
measures into conformity with its obligations under the relevant Agreement. Also, please clarify 
whether the recommendation made from MOFCOM to the State Council Tariff Commission will be 
publicly announced or published. If not, please explain why.  
 
Question 6  
 
In Article 6, MOFCOM states that it will inform interested parties "by public notice or other means " 
if a decision is made  "to amend or repeal measures including price undertakings, undertakings and 
quantitative restrictions, or take other appropriate measures. " Please clarify whether MOFCOM will 
notify interested parties via "other means " in addition to a public notice or in stead of a public notice, 
and identify what those "other means " may be.  
 
Question 7  
 
Please explain the reinvestigation timeline (e.g., initiation, sampling, questionnaire, hearing, and 
on-site verification), using a prior determination as an example.  
 
Question 8  
 
Please provide a list of reinvestigations that have been conducted under these Interim Rules or any 
successor rules in the past five years since the Interim Rules have been in effect.  
 
__________