. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/57 
G/SCM/Q1/CHN/57 12 October 2005 
 
(05-4635) 
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 
 
Questions posed by the UNITED STATES  
Regarding the Notification of CHINA1 
   The following communication, dated 10 October 2005, is being circulated at the request of the Delegation of the United States. 
 
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   The United States thanks China for its replies to  questions regarding its notification of laws 
and regulations ( G/ADP/Q1/CHN/54, G/ADP/Q 1/CHN/56 and G/ADP/Q1/CHN/54/Suppl.1) and 
submits the following additional questions concerning those replies. 
 Additional Questions Regarding Replies in G/ADP/Q1/CHN/54
 
 1.  With regard to the reply to Question 2, has the Ministry of Agriculture (MOA) participated in 
an antidumping investigation to date?  If so, what  investigation(s) and what role did MOA play?  
 2.  The reply to Question 2 addresses the antidumping portion of our question.  Please explain the role of the Ministry of Agriculture in counterva iling duty investigations, as referenced in Article 7 
of China’s countervailing duty regulations.  Please identify the regulations or other measures that 
govern the interaction between MOA and the Ministry of Commerce (MOFCOM) in such 
proceedings. 
 3.  What steps does the administering authority ta ke to ascertain that the application is made on 
behalf of the Chinese domestic industry as provid ed for in Article 5.4 of the Anti-Dumping 
Agreement (ADA), in particular where the applican ts have not demonstrated that they account for 
more than 50 per cent of the total domestic production of the like product? 
 4.  With regard to the reply to Questions 9  and 10, what steps does the administering authority 
take to identify and contact known exporters?   
5.  With regard to the reply to Question 9, will MOFCOM make available non-confidential 
information in countervailing duty investigations in the same manner as it does so in antidumping 
investigations?  If not, please describe how such in formation will be made available to interested 
parties in countervailing duty proceedings.  
                                                     
 
1 G/ADP/N/1/CHN/2/Suppl.4 and G/SCM/N/1/CHN/1/Suppl. 4 (1 December 2004) and 
G/ADP/N/1/CHN/2/Suppl.3 and G/SCM/N/1/CHN/1/Suppl.3 (20 October 2004). G/ADP/Q1/CHN/57 
G/SCM/Q1/CHN/57 Page 2 
 
  6.  With regard to the reply to Question 12, when is the letter of receipt of the application that is 
issued by MOFCOM’s Bureau of Fair Trade for Imports & Exports (BOFT) placed on the non-confidential record of the investigation, in the spirit suggested by Article 6.4 of the ADA? 
 
7.   With regard to the reply to Question 13,  will MOFCOM place transcripts of public hearings 
on the non-confidential record of an investiga tion?  If not, please explain how the information 
presented at the hearings is made available to interested parties.  
8.  With regard to the reply to Question 15, are the Provisional Measures for Accessing the 
Antidumping Public Information Access Room issued on 25 June 2002 still in effect?  If so, do they 
apply to both BOFT and MOFCOM’s Investigation Bu reau of Industry Injury?  If not, what rules 
govern access to non-confidential info rmation by interested parties? 
 
9.   Also with regard to the reply to Question 15, has MOFCOM issued rules on access by 
interested parties to non-confidential information in  countervailing duty investigations?  If not, when 
will such rules be issued?  10.  With regard to the reply to Question 23, has China ever conducted a review to separately 
determine dumping margins for new exporters?  If so, for which anti-dumping measure(s)?  How will 
China provide public notice of the results and details of such a review?   
 Additional Questions Regarding Replies in G/ADP/Q1/CHN/56
 
 11. With regard to the reply to Question 7, what  are the relevant procedures for posting a bond as 
provisional duty, as referenced in Article 29 of the countervailing duty regulations?  
 Additional Questions Regarding Replies in G/ADP/Q1/CHN/54/Suppl.1
 
 
12. With regard to the reply to Question 26, please clarify what China deems to be a 
discriminatory measure.  Is a definition for a discr iminatory measure specified in Chinese law?  If so, 
has the relevant portion of this law or other lega l definition been notified to the WTO, and if not, 
when will the relevant portion of this law or legal measure be notified?  
 
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