WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/58 
G/SCM/Q1/CHN/58 24 April 2006 
 
 
(06-1942) 
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 Additional Questions Posed by the UNITED STATES
1 
Regarding the Notification of the PEOPLE'S REPUBLIC OF CHINA2 
  
 The following communication, dated 24 April 2006,  is being circulated at the request of the 
Delegation of the People's Republic of China. 
 
_______________ 
 
 Additional questions regarding replies in G/ADP/Q1/CHN/54-G/SCM/Q1/CHN/54
 
 Q1.  With regard to the reply to Question 2, has the Ministry of Agriculture (MOA) participated in an anti-dumping investigation to da te?  If so, what investigation(s) and what role 
did MOA play?  
 
Reply
:  
 
 When it comes to cases involving agricultura l products, MOFCOM will cooperate with MOA 
whenever it is necessary while conduc ting the injury investigation. 
 
Q2.  The reply to Question 2 addresses the anti -dumping portion of our question.  Please 
explain the role of the Ministry of Agricu lture in countervailing 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. 
 
Reply
:  
 
 According to Article 7 of Regulations of the People’s Republic of China on Countervailing 
Measures , the countervailing duty investigations of inju ry involving agricultural products shall be 
conducted by MOFCOM in conjunction with the Ministry  of Agriculture.  It can be interpreted as that 
the investigations will be conducted mainly by MOFCOM, while the Ministry of Agriculture will 
cooperate in the process.  There is currently no other regulations or measures in this regard. 
 
Q3.  What steps does the administering authorit y take to ascertain that the application is 
made on behalf of the Chinese domestic industr y as provided for in Article 5.4 of the Anti-
                                                      
1 G/ADP/Q1/CHN/57-G/SCM/Q1/CHN/57 
2 G/ADP/N/1/CHN/2/Suppl.4 and G/SCM/N/1/CHN/1/Suppl. 4 (1 December 2005) 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/58 
G/SCM/Q1/CHN/58 Page 2 
 
 
  Dumping Agreement (ADA), in particular where th e applicants have not demonstrated that 
they account for more than 50 per cent of the to tal domestic production of the like product? 
 
Reply
:  
 
 In this situation we will issue the ques tionnaire to other domestic producers except the 
applicant to confirm whether the application is supported by the domestic industry or whether the 
application is on behalf of the domestic industry. 
 Q4.  With regard to the reply to Questions 9 and 10, what steps does the administering authority take to identify and contact known exporters?  
 
Reply
:  
 
 We usually use the information supplied by the applicant and some public institutions or 
associations to identify the exporters.  
Q5.  With regard to the reply to Question 9,  will MOFCOM make available non-confidential 
information in countervailing duty investigatio ns in the same manner as it does so in 
antidumping investigations?  If not, please describe how such information will be made 
available to interested parties in countervailing duty proceedings. 
 
Reply
:   
  China has not initiated any count ervailing duty investigation up to now.  If China initiate such 
investigation, we will conduct the inves tigation in strict accordance with the Regulations of the 
People’s Republic of China on Countervailing Measures  and refer to SCM Agreement. 
 
Q6. With regard to the reply to Question 12, wh en 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?  
Reply
:  
  After receipt of a properly documented app lication and before proceeding to initiate an 
investigation, we will notify the government of the exporting member concerned, and this information 
will be mentioned in the Public Notice for initiation.  
Q7.  With regard to the reply to Question 13, will MOFCOM place transcripts of public 
hearings on the non-confidential record of an investigation?  If not, please explain how the 
information presented at the hearings is made available to interested parties. 
 
Reply
:  
  The non-confidential record of transcripts of pub lic hearings will be put to file available for 
the interested parties. 
 
Q8.  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 Bureau of Industry Injury?  If not, what rules govern access to non-confidenti al information by interested parties?  G/ADP/Q1/CHN/58 
 G/SCM/Q1/CHN/58 
 Page 3 
 
 
  Reply :  
 
 The Provisional Measures for Accessing the Anti-dumping Public Information Access Room,  
which apply to BOFT, are still in effect.  And The Measures for Consulting Public Information on 
Industry Injury Investigation  apply to Investigation Bureau of Industry Injury.  
 
Q9.  Also with regard to the reply to Quest ion 15, has MOFCOM issued rules on access by 
interested parties to non-confidential informatio n in countervailing duty investigations?  If not, 
when will such rules be issued? 
 
Reply :  
  Up to now, MOFCOM hasn’t issued such de tailed rules on access by interested parties to 
non-confidential information in co untervailing duty investigations. 
 
Q10.  With regard to the reply to Questi on 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?   
 
Reply
:  
 
 China has not conducted such a review.  Additional Questions Regarding Repli es in G/ADP/Q1/CHN/56-G/SCM/Q1/CHN/56
 
 Q11. With regard to the reply to Question 7, what are the relevant procedures for posting a 
bond as provisional duty, as referenced in Arti cle 29 of the countervailing duty regulations?  
 
Reply
:  
  China hasn’t initiated counterva iling duty investigation up to now. 
 
Additional Questions Regarding Replies in G/ADP/Q1/CHN/54/Suppl.1-G/SCM/Q1/CHN/54/Suppl.1
 
 
Q12.  With regard to the reply to Question 26, please clarify what China deems to be a 
discriminatory measure.  Is a definition for a di scriminatory measure specified in Chinese law?  
If so, has the relevant portion of this law or other legal definition been notified to the WTO, and 
if not, when will the relevant portion of this law or legal measure be notified?  
 
Reply :  
  Currently, there’s no definition for the above -mentioned discriminatory measure in Chinese 
law. 
 
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