./.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/53 
G/SCM/Q1/CHN/53 8 April 2005 
 
(05-1470) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by JAPAN1 Regarding the Notification of  
the PEOPLE'S REPUBLIC OF CHINA2 
  
 The following communication, dated 6 April 2005, is being circulated at the request of the Delegation of the People's Republic of China. 
 
_______________ 
 
 
Public Interest 
 
Q1. Does the Ministry of Commerce interpret th e term “in the public interest” in Article 37 
in the same way as in Article 33? 
 
Reply
 
 
 The authority considers them as terms that  can be interpreted in the same way.  
 
Q2. Is the Ministry of Commerce required to a ccept evidence from end-users or consumers 
or just from the interested parties? 
 
Reply   
 
 The authority will determine whether it sh ould accept the evidence from end users or 
consumers or not by taking specific situation into consideration.   
Q3.  When is the public interest test commenced and concluded in an anti-dumping 
investigation? Is that before the calculation of du mping margin and of the injury or after that?  
Does the Ministry of Commerce consider the pub lic interest in the phase other than the 
imposition and collection of duties stipulated in article 37? 
 
Reply
  
 
 According to Articles 33 and 37 of the Anti-Dump ing Regulations, the public interest is taken 
into consideration both in the phase of price undert aking and the imposition and collection of duties. 
 
                                                      
1 G/ADP/Q1/CHN/50-G/SCM/Q1/CHN/50 
2 G/ADP/N/1/CHN/2/Suppl.3 G/ADP/Q1/CHN/53 
G/SCM/Q1/CHN/53 Page 2 
 
 
 Q4. What kind of factors are considered by the Ministry of Commerce in the public interest 
test?  Are the considered facto rs confined in economic factors? 
 
Reply
  
 
 The authority will consider comprehensiv e factors in the public interest test. 
 
Q5. How does the Ministry of Commerce obtain th e necessary information in order to verify 
the public interest? 
 
Reply   
  The authority can obtain the necessary informa tion by way of holding hearings, requesting 
evidence from interested parties and making investigations itself etc. 
 
Q6. Does the Ministry of Commerce have the ch oice not only simply not levying the anti-
dumping measures but also mitigating the measures? 
 
Reply
 
 
 We have not yet had examples of such situa tions in practice, which make the authority 
levying the antidumping measures or mitigating the measures.  
Imposition of Duties 
 
Q7. Article 42 of China’s AD Regulations was amended as “no antidumping duties shall be levied in excess of the margin of dumping established in a final determination”.  The ADA, article 9.1, notes that “it is desirable…that the duty be less than the margin if such lesser duty 
would be adequate to remove the injury to the domestic industry”.  Please explain how China is 
considering the duty which would be adequate. 
 Reply
  
  The issue of the duty which would be adequate is now being studied and so far we have no 
such cases in practice in which lesser duty would be  adequate to remove the injury to the domestic 
industry. 
 
__________