./.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/48 
G/SCM/Q1/CHN/48 16 March 2005 
 
 
(05-1094) 
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 EUROPEAN COMMUNITIES Regarding
 
the Notification of the PEOPLE'S REPUBLIC OF CHINA1 
  
 The following communication, dated 11 March 2005, is being circulated at the request of the Delegation of European Commission. 
 
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Regulations of the People’s Republic of China on Anti-Dumping 
 1. The notification states that the Regulations were revised in accordance with the ‘Decision of 
the State Council on Amending the Regulations of  the People’s Republic of China on Anti-Dumping’ 
promulgated on 31 March 2004.  Article 59 of the Re gulations states that the notified Regulations 
shall be effective as of 1 January 2002.  Could Ch ina please clarify this time-line?  The EC has also 
noted that in the meantime China has notified a number of “provisional rules”, implementing the 
previous Regulations with respect to partic ular aspects of anti-dumping investigations 
(G/ADP/N/1/CHN/2/Suppl. 1).  Could China please clarify the current status of these provisional rules?  Are there any other rules on anti-dumping curre ntly in force or modifications to existing rules 
which have not yet been notified to the WTO ?  
2. When comparing the amended Regulations w ith their previous version (G/ADP/N/1/CHN/2), 
the EC notes that most provisions remained unchanged.  Since several WTO members had submitted comments on the Regulations in their previous vers ion, the EC regrets that China, after having 
acquired more experience with the conduct of anti -dumping investigations, has not used the current 
amendment as an opportunity to take these comme nts into account, and clarify the provisions 
concerned or align them with the ADA.  In the light  of this, the EC would like to raise the following 
questions: 
  (a) The last paragraph of Article 6 on the comparison of a weighted average normal 
value with individual export transactions does not contain all the requirements for the use of this method laid down in Article 2.4.2 ADA.  Could China please explain how 
it is ensured that this provision is applied in conformity with the ADA? 
  (b) Article 11 does not include the specific conditions of Article 4.1 (ii) and 4.2 ADA 
regarding the treatment of regional mark ets.  How does China ensure compliance 
with the ADA in this respect?  
                                                     
 
1 G/ADP/N/1/CHN/2/Suppl.3 and G/ADP/N/1/CHN/2/Suppl. 4-G/SCM/N/1/CHN/2/Suppl.4-
G/SG/N/1/CHN/2/Suppl.4. G/ADP/Q1/CHN/48 
G/SCM/Q1/CHN/48 Page 2 
 
 
  
 (c) Could China please confirm that it would only extend the appli cation of provisional 
measures to nine months, as foreseen in  Article 30 of the Regulations, if the 
authorities examine whether a duty lower than the margin of dumping would be 
sufficient to remove injury, in  accordance with Article 7.4 ADA? 
  (d) As the EC and other WTO members already pointed out previously, Article 56 of the 
Regulations (and the corresponding provision in  Art. 7 of the Foreign Trade Law) as 
it stands does not appear to be compatib le with WTO rules.  Could China please 
explain why it was found necessary to main tain this clause in the amended 
Regulations?  Has this clause already been applied and in what circumstances would China envisage to use it? 
 
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