G/ADP/Q1/CHN/74  
G/SCM/Q1/CHN/74  
G/SG/Q1/CHN/34  
 
29 October 2018 
(18-6760) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATIONS OF LAW S AND REGULATIONS UN DER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGRE EMENTS  
REPLIES TO QUESTIONS1 POSED BY CANADA  REGARDING  
THE NOTIFICATION S OF CHINA2 
The following communication, dated 25 October 2018, is being circulated at the request of the 
Delegation of China. 
 
_______________  
 
 
Question 1  
 
Article 2 indicates that the Ministry of Commerce (MOFCOM) may propose or determine to 
amend or repeal the measures or decide to take other appropriate meas ures in accordance 
with [Chinese] law.  
 
• Could China explain what is meant by " propose " to amend, appeal or take other 
appropriate measures? What would the process be for such a proposal?  
Reply : 
The main reason for the use of "propose" in the Interim Rules is that the Customs Tariff Commission 
of the State Council decides, based on the proposal of MOFCOM, to impose  anti -dumping duties and 
countervailing duties, take safeguard measures in the form of tariff increases and conduct 
subsequent retention, amendme nt or cancellation thereof. Such a proposal is the internal working 
procedure of the Chinese administrative organs.  
• Could China please indicate which laws or regulations are captured by Article 2?  
Reply : 
Including but not limited to the Foreign Trade Law, the Anti -dumping Regulations, the Regulations 
on Countervailing Measures, and the Regulations on Safeguards, etc.  
Question 2 
 
Article 3 mentions that MOFCOM may conduct a reinvestigation before making its proposal 
or determination. Article 4, for its part,  mentions that reinvestigations may be conducted 
by means of questionnaire, sampling, hearing and on -site verifications.  
 
• Could China please indicate which laws or regulations will apply to the conduct of 
the reinvestigations?  
                                                
1 G/ADP/Q1/CHN/7 2-G/SCM/Q1/CHN/7 2-G/SG/Q1/CHN/3 2. 
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/74 • G/SCM/Q1/CHN/74 • G/SG/Q1/CHN/34  
 
- 2 - 
 
  Reply : 
 
The provisions of the  Foreign Trade Law, the Anti -dumping Regulations, the Regulations on 
Countervailing Measures, the Regulation on Safeguards and related rules apply to China's trade 
remedy investigations and measures. In terms of the reinvestigation procedures for the 
imple mentation of the WTO rulings on trade remedy disputes, the Interim Rules do not specify the 
detailed provisions. In practice, procedures of the original investigation and review generally apply 
by reference and the reinvestigation will be carried out in a manner consistent with the WTO rules.  
Question 3  
 
Canada notes that the Interim Rules do not discuss the timing of the entry into force of 
the implementation action, e.g. the amendment, repeal or the "other appropriate 
measure".  
 
• Could China clarify whethe r the implementation action would apply as of the Dispute 
Settlement Body date for bringing itself into compliance with a WTO ruling?  
Reply :  
China will implement the ruling on time in accordance with the WTO rules. In specific cases, the 
implementation da te will be published.  
 
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