G/ADP/Q1/CHN/73  
G/SCM/Q1/CHN/73  
G/SG/Q1/CHN/33  
 
24 October 2018 
(18-6675) Page: 1/3 
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  
REPLIES TO QUESTIONS1 POSED BY THE UNITED  STATES  
REGARDING  THE NOTIFICATION S OF CHINA2 
The following communication, dated 23 October 2018, is being circulated at the request of the 
Delegation of China . 
 
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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 establishin g final rules on the 
implementation of World Trade Organization rulings in disputes concerning trade remedy 
measures.  
 
Reply : 
 
The Interim Rules remain in effect. China has no plans for establishing other rules at present.  
 
Question 2  
 
Article 2 of the In terim Rules states that the Ministry of Commerce (MOFCOM) "may 
propose or determine to amend or repeal 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.  
 
Reply : 
 
The Interim Rules do not specify other appropriate measures, which will be determined in accordance 
with the spe cific contents of WTO rulings on a case -by-case basis with the view to implementing the 
rulings.  
 
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 reinvestigation would follow the same regulations and 
methodology as the original investigation.  
 
                                                
1 G/ADP/Q1/CHN/71 -G/SCM/Q1/CHN/71 -G/SG/Q1/CHN/31.  
2 G/ADP/N/1/CHN/2/Suppl.7 -G/SCM/N/1/CHN/1/Suppl.5 -G/SG/N/1/CHN/2/Suppl.5 .  G/ADP/Q1/CHN/73 • G/SCM/Q1/CHN/73 • G/SG/Q1/CHN/33  
 
- 2 - 
 
  Reply : 
 
Reinvestigations are carried out in a manner consistent with WTO rules. In practice, procedures of 
the original investigation and review generally apply by reference, but it does not mean that the 
investigating authority needs to go through each and every original investigation steps.  
 
b. Please clarify whether reinvestigations will include a preliminary determination.  
 
Reply : 
 
The Interim Rules do not explicitly require a preliminary determination. However, the Chinese 
investigation authorities will inform  the interested parties of the essential facts which form the basis 
of the determination of a reinvestigation and give the interested parties an opportunity to comment.  
 
Question 4  
 
Article 5 of the Interim Rules states that, before the determination, inte rested 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 reinvesti gation.  
 
Reply : 
 
The reasonable time stated in the Interim Rules is in line with the relevant requirements of the 
Anti-dumping Agreement and the Agreement on Subsidies and Countervailing Measures, which will 
ensure that all parties have sufficient time to  defend their interests.  
 
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 Article 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.  
 
Reply : 
 
In order to  implement WTO rulings within the time limits, the recommendation should be made 
before the expiration of the implementation period. The recommendation is an internal procedure of 
the Chinese administrative organs, which will usually not be made public.  
 
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 appro priate measures." Please 
clarify whether MOFCOM will notify interested parties via "other means" in addition to a 
public notice or instead of a public notice, and identify what those "other means" may be.  
 
Reply : 
 
The Interim Rules do not specify the specific types of other means. It is a miscellaneous provision 
and will be implemented in a manner consistent with the WTO rules. It has not been adopted yet.  
 G/ADP/Q1/CHN/73 • G/SCM/Q1/CHN/73 • G/SG/Q1/CHN/33  
 
- 3 - 
 
  Question 7  
 
Please explain the reinvestigation timeline (e.g., initiation, sampling, questionnai re, 
hearing, and on -site verification), using a prior determination as an example.  
 
Reply : 
 
The Interim Rules do not specify the reinvestigation timeline. In the implementation of the WTO DSB 
rulings such as in the disputes China Cellulose Pulp Case (DS483 ) and China Broiler Products Case 
(DS427), China has initiated reinvestigation procedures. The US can check the relevant notices 
through the website of MOFCOM to find the specific timelines of these cases.  
 
Question 8  
 
Please provide a list of reinvestigat ions 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.  
 
Reply : 
 
Since the Interim Rules came into effect, they have been applied in the implementation of WTO DSB 
rulings on trade remedy disputes. These cases include China Grain Oriented Flat -rolled Electrical 
Steel Case (DS414), China -X-ray Equipment Case (DS425), China Cellulose Pulp Case (DS483), 
China Broiler Products Case (DS427), China Stainless Steel Seamless P ipe Case (DS544, DS560) 
and etc.  
 
 
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