WORLD TRADE  
ORGANIZATION  G/ADP/W/446 
26 September 2005 
 (05-4238) 
Committee on Anti-Dumping Practices Original:   English 
  
 
TRANSITIONAL REVIEW MECHANISM PURSUANT TO 
SECTION 18 OF THE PROTOCOL ON THE ACCESSION 
OF THE PEOPLE'S REPUBLIC OF CHINA 
 
Questions from the United States Concerning Anti-Dumping
 
 
  The following communication, dated 23 September 2005, is being circulated at the request of the Delegation of the United States.  
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Notification and Related Matters 
 
1. What ministerial rules regulate the work of the Department of Duty Collection and Administration of the General Administration of  Customs (Customs) vis-a-vis anti-dumping duty 
collection?  Please indicate when China will no tify these rules to the Committee, as required by 
Article 16.5 of the Anti-Dumping Agreement (ADA).  2. When will China notify the Provisional Measures for Accessing the Anti-Dumping Public 
Information Access Room , as required by Article 16.5 of the ADA? 
 
3. When will China notify to this Committee the relevant portions of the Administrative 
Reconsideration Law  and Implementation Measures of Ministry of Commerce on Administrative 
Reconsideration , as required by Article 16.5 of the ADA?  
 
4. During the 2004 transitional review conducted in this Committee, the representative of China 
stated that it would notify the Provisions of the Supreme People's Court on Certain Issues Concerning 
the Applicability of Laws in the Hearing and  Handling of Anti-Dumping Administrative Cases .  Please 
indicate when China will notify this measure to the Committee, as required by Article 16.5 of the 
ADA.  
5. During the 2004 transitional review conducted in  this Committee, the representative of China 
stated that one or two pieces of legislation had not be en notified due to the burden of translation.  As 
of this time, what laws, rules or regulations that relate to anti-dumping duty actions have not yet been 
notified to this Committee (other than those addr essed above) and when does China intend to notify 
them?  
 
6. Has there ever been an administrative reconsid eration of an anti-dumping investigation?  If 
so, please identify the investigation(s).  What docum ents relating to an administrative reconsideration 
of an anti-dumping or countervailing duty investigati on will be made available to interested parties? 
 
7. Has a judicial review of an anti-dumping measure been heard under the Provisions of the 
Supreme People's Court on Certain Issues Concerning the Applicability of Laws in the Hearing and G/ADP/W/446 
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 Handling of Anti-Dumping Administrative Cases ?  If so, for what measure and what was the 
outcome?  
 
IBII Injury Determinations 
 
8. Please describe the steps that the Investig ation Bureau for Industry Injury (IBII) of the 
Ministry of Commerce (MOFCOM) follows to in form interested parties prior to the final 
determination of all essential facts under considerati on which form the basis for the decision whether 
to apply definitive measures, in a manner c onsistent with Article 6.9 of the ADA.   
 
9. Reports by interested parties suggest that  the IBII does not regularly provide in a timely 
manner sufficiently detailed non-confidential summari es of information submitted to the IBII during 
anti-dumping investigations, as mandated in Arti cle 6.5 of the ADA.  Where non-confidential 
summaries have been provided by the IBII, they ha ve been criticized as not containing sufficient 
detail.  Please describe the actions that the IBII is taking to address these concerns. 
 
10. Please explain how the IBII satisfies its ob ligation under 12.2 of the ADA to issue public 
notices of preliminary and final determinations setting forth "in sufficient detail the findings and 
conclusions reached on all issues of f act and law considered material"? 
 11. In considering whether there has been a si gnificant increase in dumped imports, either in 
absolute terms or relative to pro duction or consumption, does the IBII consider market share data?  If 
so, how does that data factor into the IBII's analysis?  12. Under what circumstances would the IBII find that dumped imports are suppressing prices, as 
opposed to depressing prices, pursuant to Article 3.2 of the ADA? 
 
13. Under what circumstances would the IBII cons ider that dumped imports are depressing prices 
to a significant degree, pursuant to Article 3.2 of  the ADA, where no significant price undercutting by 
dumped imports has been found?  14. Please explain the steps the IBII takes to demonstrate a causal relationship between dumped 
imports and any material injury exhibited by a dom estic industry, as required under Article 3.5 of the 
ADA.  How would the IBII address an interested part y argument that material injury exhibited by a 
domestic industry was the result of a cause other than subject imports? 
 
Customs 
 15. Please explain the steps MOFCOM takes to ensure  that the Customs officials at China's ports 
are properly informed as to the precise merchandise subject to each anti-dumping measure and the anti-dumping duty rates applicable to each importer.  
 16. Please explain the steps that Customs takes, both at Beijing headquarters and at each port of 
entry, to properly identify merchandise subject to  anti-dumping measures and assess the correct anti-
dumping duties.  17. Please explain the procedures that MOFCOM  and Customs follow to promptly resolve 
disputes at the ports of entry regarding the classification of merchandise subject to and excluded from 
anti-dumping measures.   
 
18.   Please explain the procedures that MOFC OM and Customs follow to resolve disputes 
regarding anti-dumping duty rates.  
  G/ADP/W/446 
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 All Others Rate 
 
19. MOFCOM's public notices of preliminary and final determinations in anti-dumping 
investigations do not provide detailed explanations of  its calculation of the "All Others" rates.  Please 
explain in detail the method by which MOFCOM calc ulates the "All Others" rate and the specific data 
upon which MOFCOM relies to make that calculation.  
 
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