WORLD TRADE  
ORGANIZATION  G/ADP/N/1/CHN/2/Suppl.6 
19 October 2007 
 (07-4542) 
Committee on Anti-Dumping Practices Original:   English 
  
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 OF THE AGREEMENT 
 
PEOPLE'S REPUBLIC OF CHINA 
 
Supplement
 
   The following communication, dated 16 October 2007, is being circulated at the request of the Delegation of the People's Republic of China.  
 
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Decree of the Ministry of Co mmerce concerning Publication of  "Rules on Information Access 
and Information Disclosure in Industry Injury Investigations" 
 
No. 19 2006 
 
 Rules on Information Access and Disclosure in Industry Injury Inves tigations have been 
deliberated and adopted at the fifth ministerial meeting held on May 17, 2006. They are hereby 
promulgated, which shall take effect thir ty days after the date of publication. 
        Minister: Bo Xilai     4 August, 2006   
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Rules on Information Access and Disclosu re in Industry Injury Investigations 
 
Chapter 1 General Provisions 
 
 Article 1   These Rules are formulated in accordan ce with the Regulations of the People's 
Republic of China on Anti-Dumping and the Regulations of the People's Republic of China on 
Countervailing Measures for the purposes of ensuring th e openness, fairness and  impartiality in the 
investigations of industry injury and safeguarding th e legitimate rights and inte rests of the interested 
parties.   Article 2   Activities on information access and disclo sure in the investigations of industry 
injury for anti-dumping and countervailing measures shall be carried out pursuant to these Rules.  
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   Article 3   The Ministry of Commerce of the People's Republic of China shall be responsible 
for implementation of the Rules.  
Article 4   "Interested parties" referred to in the Rules include: 
 
 (1) Foreign (regional) producers, exporters  and domestic importers of the product under 
investigation, or associations or other orga nizations of such producers, exporters and 
importers;  
  (2) The government of the exporting country (re gion) of the product under investigation;   
 
 (3) The producers of domestic like product, or  associations or other organization of such 
producers;  
      (4) Others.     
 
 Article 5   "Information access" referred to in th e Rules means that all interested parties 
involved in a case can have access to the Public R eading Room of the Ministry of Commerce for 
Trade Remedy Measures (hereinafter after referred to as "the Public Reading Room") to search, read, extract and copy the public information related to  the investigations of industry injury.     
 
 Article 6   "Information disclosure" referred to in the Rules means that within a reasonable 
period of time before a final determination is made, the Ministry of Commerce informs the interested parties of the basic facts on which the determination of industry injury is based.            
Chapter 2 Information Access 
 
 Article 7   All interested parties can have access to the public information related to the 
investigations of industry injury ,  except for the information set forth in Article 9.     
  Article 8   "Public information" referred to in the Rules includes:  
 
(1) The public text or non-confidential su mmary of the petition and its appendix;  
 
 (2) The public text or non-confidential su mmary of the application materials submitted 
by the interested parties for registration to participate in the activities of industry 
injury investigations;  
  (3) The public text or non-confidential summa ry of the answers to the questionnaire and 
supplementary questionnaire submitted by the interested parties for investigations of 
industry injury;  
 
 (4) The public text or non-confidential summa ry of other application materials submitted 
by the interested parties to the Ministry of Commerce in the course of investigations 
of industry injury, including those for holdi ng hearings on investigations of industry 
injury, delayed submission of questionnaire , adjustment of product scope, exclusion 
of domestic producers, etc.;  the public text or non-confidential summary of the 
opinions or comments submitted by other interested parties on the relevant 
application;  
  (5) The public text or non-confidential summa ry of the opinions and comments submitted 
by the relevant interested parties on the re quest for confidentiality and the public text  G/ADP/N/1/CHN/2/Suppl.6 
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  or non-confidential summary of confidential information provided by other interested 
parties;   
  (6) The public text or non-confidential summary  of the meeting record or summary of the 
hearings with regard to investigations of industry injury;   
 
 (7) Publications and notices issued by the Ministry of Commerce, including publications 
of filing a case, preliminary determinations, de finitive determinations, etc.; notices of   
application for registration to participate in  the investigations of industry injury and 
distribution of questionnaire, on-the-spot i nvestigations, public hearings, adoption of 
sampling investigations, etc.;  
  (8) The public text or non-confidential su mmary of the disclosure materials containing 
the basic facts on which the definitive determ ination of the Ministry of Commerce in 
respect of industry injury is based;  
 
 (9) Other public information received or pr oduced by the Ministry of Commerce in the 
course of investigations of industry injury. 
   Article 9   Any information which can not be public ly obtained, and of which the disclosure 
would be of significant competitive advantage to a competitor or the disclosure would have a 
significantly adverse effect upon a person supplying the information or upon a person from whom that 
person acquired the information, should be treated as confidential information. 
 
Any information which is by nature confidential,  or which is provided on a confidential basis 
by the interested parties shall, upon good cause show n, be treated by the Ministry of Commerce as 
confidential information.     
 
 Article 10   In providing relevant information to the Ministry of Commerce, the interested 
parties shall indicate it is public or confidential information. Information not indicated whether confidential or not may be treated as public info rmation by the Ministry of Commerce.     
 
 Article 11   Interested parties providing confidential information shall indicate in writing the 
causes for request for confidentiality, and simultaneous ly furnish the public text or non-confidential 
summaries thereof. If the interested parties request partial revision of or supplement to the materials 
submitted, they shall also furnish the public text  or non-confidential summaries in relation to such 
revision or supplement and explanations thereof.    
  
 The public text or non-confidential summaries shall be in sufficient detail to permit a 
reasonable understanding of the substance of the info rmation submitted in conf idence. In exceptional 
circumstances, with the approval of the Ministry of  Commerce, interested parties may not furnish the 
public text or non-confidential summaries, but a st atement of the reasons why public text or non-
confidential summaries are not possible must be provided.     
 
Article 12   If interested parties are either unw illing to provide the public text or non-
confidential summaries of confidential information, or the public text or non-confidential summaries 
submitted are not in sufficient detail to permit a reasonable understanding of the substance of the 
information submitted in confidence, or interested  parties' reasons why the public text or non-
confidential summaries are not possible are not adequa te, the Ministry of Commerce may ask them to 
withdraw the request for confidentiality. If interest ed parties are unwilling to withdraw their requests, 
the Ministry of Commerce may disregard such in formation unless it can be demonstrated to its 
satisfaction from other appropriate sources th at the information is correct.     
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  Article 13   If the Ministry of Commerce is of the opinion that the reasons of the request for 
confidentiality of the interested parties are not in  compliance with the requirements of the Rules, it 
shall, within seven days after receipt of rele vant public text or non-confidential summary, make 
explanation to the interested parties and allow th em to comment on it within a reasonable period of 
time.  If the Ministry of Commerce determines to disregard the information provided by the interested 
parties, it shall notify the interested parties forthw ith in writing, however except that the Ministry of 
Commerce is demonstrated to its satisfaction from other appropriate sources that the information is 
correct.      
Article 14   The Ministry of Commerce shall, within seven days after receipt of the relevant 
materials listed in Article 8 of the Rules, furnish one copy of the public text or non-confidential 
summary to the Public Reading Room for consultation.  
    Without particular circumstances, the Ministry of  Commerce shall, within ten days in general, 
send the public text or non-confidential summary of ot her relevant information listed in Article 8 of 
the Rules to the Public Reading Room.     
 
Article 15   In the course of investigations of indus try injury, all the interested parties can, 
within working hours, gain access to the Public Reading Room to consult all public information 
related to the case.   
   
Within six months after definitive determination is published, the interested parties can also 
have access to the relevant public information of the case.           
Article 16   In having access to public information, the interested parties shall present the 
document sufficient to prove their iden tity and make registration.     
      
Article 17   The interested parties can search, read, extract and copy public information, but 
shall not take the original copy of the public info rmation away from the Public Reading Room.     
       
Chapter 3  Information Disclosure 
      
Article 18   Given the requirement of protection of confidential information, the Ministry of 
Commerce shall, within a reasonable period of time before definitive determination is made, notify 
the interested parties having registered to participat e in the investigations of industry injury and the 
domestic applicants of the basic facts on which the definitive determination is based, and shall inform 
other interested parties not having registered that th ey can  consult relevant disclosure materials at the 
Public Reading Room.      
Article 19   The contents of the basic facts referre d to in Article 18 of the Rules generally 
cover: 
     
 (1) Injury Investigation Period and procedur es of investigations of industry injury;   
  (2) Factors or data used to identify domestic like product;     (3) Factors or data on which identifica tion of domestic industry  is based;   
 
 (4) Factors or data on cumulative assessment;     (5) Data of the volume (in absolute or relati ve terms) and price of dumped or subsidized 
import product;    G/ADP/N/1/CHN/2/Suppl.6 
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   (6) Relevant economic factors or data to id entify whether domestic industry is injured or 
not;  
  (7) The factors or data that the investig ated country (region) will further injure the 
domestic industry;  
 
 (8) Adoption of relevant information provided by the interested parties, including use of 
best information available and the reasons thereof, etc.;  
  (9) Other information that causes material  influence on the determination.     
 
 Article 20   In general, the Ministry of Commerce shall make information disclosure thirty 
days before definitive determination is made. In particular circumstanc es, if it is not appropriate to 
disclose  certain facts in the said period of time, th e Ministry of Commerce shall make such disclosure 
within a reasonable period of time before defin itive determination is made thereafter.     
      
 Article 21   Information disclosure shall be made in writing. Information disclosure can be 
made either directly to the relevant interested parties or to their agents.            Article 22  After information is disclosed, the in terested parties can, within ten days, 
comment to the Ministry of Commerce in writing.     
   
Article 23   As to the comments provided by the inte rested parties in the specified period of 
time, the Ministry of Commerce shall take them into  consideration, and accep t the reasonable contents 
in the definitive determination. If the basic facts on which the definitive determination is based are 
therefore different, without prejudice to the normal investigating procedures of a case, the Ministry of 
Commerce shall still promptly disclose such informati on so that the relevant interested parties can 
comment thereafter.            
Chapter 4  Supplementary Rules 
       Article 24   Information access and disclosure in the investigations of industry injury for 
reviews shall be implemented with reference to the Rules.            Article 25   The Ministry of Commerce shall be entitled to the interpretation of the Rules.     
      
 Article 26   The Rules shall come into effect thirty  days after the date of publication.    
   
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