WORLD TRADE  
ORGANIZATION  G/ADP/N/1/CHN/2/Suppl.5 
11 January 2007 
 (07-0150) 
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 9 January 2007,  is being circulated at the request of the 
Delegation of the People's Republic of China.  
 
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Rules of the Supreme People's Court on Certain Issues Related to Application  
of Law in Hearings of Antidumping Administrative Cases 
 
(Adopted at the 1242
nd Session of the Trial Committee of the 
Supreme People's Court on 11 September 2002) 
  Pursuant to the Administrative Procedure Law of the People's Republic of China and other 
relevant laws, these rules shall be enacted and constr ued for People's Court to justly hear antidumping 
administrative cases in accordance with law.   Article 1   People's Court shall, in accordance wi th law, accept an administrative action 
against any of the following administrative acts in antidumping proceedings:  
 (1) A final determination on dumping and dumping margin, or injury and the extent of 
injury; " 
  (2) A decision on whether to impose an antidumping duty, retroactive imposition of an 
antidumping duty, reimbursement of an antidumping duty or, imposition of an 
antidumping duty on new exporters; 
  (3) The results of an administrative review on the retention, revision or termination of an 
antidumping duty or a price undertaking; 
 
 (4) Other actionable administrative acts in antidumping proceedings according to the law 
and regulations. 
  Article 2   An interested party, as defined to be an individual or organization having legal 
interests in a specific administrative act in an tidumping proceedings, may commence an action in 
People's Court pursuant to the administrative proced ure law and other relevant law and administrative 
regulations. 
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   For the purpose of the preceding paragraph, "a n interested party" means any applicant who 
files a written application to the administering auth ority under the State Council for an antidumping 
investigation, any exporter or importer involved in  the corresponding antidumping proceedings, or any 
other natural person, legal person and other organization having lega l interests thereon. 
 
 Article 3   The defendant of a specific antidumping administrative case shall be an 
administering authority under the State Council, who conducts the contested administrative acts in the 
corresponding antidumping proceedings.   Article 4   Other administering authorities under the State Council may, with their legal 
interests in the contested administrative acts in antidumping proceedings, intervene into the action as 
the third party.   Article 5   The following People's Courts have jurisd iction as the courts of the first instance 
over an antidumping administrative case: 
 
 (1) An Interim People's Court designated by a specific Superior People's Court whose 
territorial jurisdiction covers the location of the defendant; 
  (2) A Superior People's Court whose territori al jurisdiction covers the location of the 
defendant. 
 
 Article 6   People's Court shall, in hearing an antidumping administrative case, review the 
legality of any factual finding an d legal conclusion upon which the contested administrative act in 
antidumping proceedings is based.  For the purpose of  such a review, People's court shall base on the 
administrative procedural law and other antidumpi ng law and administrative regulations, and shall 
also take as reference the regulations and rules of the ministries and commissions under the State 
Council.   Article 7   The defendant shall have the burden of  proof for the contested administrative 
act he has undertaken in antidumping proceedings.  For this purpose, the defendant shall furnish the supporting evidence and regulatory documents on which his administrative act in this regard is based. 
 
 For the purpose of reviewing the legality of  the contested administrative act in antidumping 
proceedings, People's Court shall rely on the evid ence on record furnished by the defendant to 
undertake the contested act.  Any factual material not  on record is not admissible, and shall not be 
relied on by People's Court to hold lawful the contested act. 
 
 Article 8   The plaintiff shall have the burden of pr oof for the facts he has asserted.  Where the 
evidence offered by the plaintiff is found by People' s court to be relevant, legitimate and authentic 
through legal procedure, such ev idence may be deemed admissible. 
  People's Court shall deem inadmissible any ev idence submitted by the plaintiff in the action 
if, in the preceding antidumping investigation a nd upon request by the defendant through legal 
procedure, the plaintiff rejects to offer such evid ence under no justifiable grounds, fails to offer the 
authentic one, or severely impedes the pro cess of the investigation in other way. 
  Article 9   The evidence, available to the admini stering authorities under the State Council, 
shall be deemed sufficient for them to establish a factual finding for an antidumping investigation 
where, upon request by the defendant through legal process, the interested parties reject to offer 
certain evidences under no justifiable grounds, fail to o ffer the authentic ones, or severely impede the 
process of the investigation in other ways.   G/ADP/N/1/CHN/2/Suppl.5 
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   Article 10   For the purpose of hearing antidumping administrative cases.  People's Court 
shall, under the varying conditions, render  the following judgments respectively: 
  (1) A judgment to sustain the contested ad ministrative act in antidumping proceedings, 
under which the supporting evidence is su fficient and conclusive, the law and 
regulations are accurately applied, and th e legal procedure is fully complied with. 
  (2) A judgment to annul or partially annul the contested administrative act in 
antidumping proceedings, or remand it for the defendant to make a new determination,  should the contested act be under any of the conditions as below: 
 
  1. inadequacy of essential evidence;   2. erroneous application of th e law or administrative regulations; 
  3. violation of legal procedure;   4. absence of authority; 
  5. abuse of executive power. 
  (3) Any other judgment rendered in accordance with the law and judicial interpretations. 
  Article 11   For the purpose of hearing an antid umping administrative case, People's Court 
may take, as reference, the provisions concer ning the foreign-related civil procedures. 
 
 Article 12  These rules shall be effective as of 1 January 2003. 
 
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