. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/64 
G/SCM/Q1/CHN/64 9 April 2008 
 
(08-1623) 
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 7 April 2008, is being circulated at the request of the Delegation of the United States.   
 
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 The United States thanks China for its notif ication of the "Rules on Information Access and 
Information Disclosure in Industry Injury Investigations" ( Rules ) and submits the following questions.   
 Question 1 
 
 According to Article 4 (4) of the  Rules , "[o]thers" may be designated as "[i]nterested parties" 
which, according to Article 7 of the Rules , would have access to public information.  Please describe 
how the Ministry of Commerce (MOFCOM) will designate other interested parties (case by case, application, etc.) as referenced in Article 6.11 of  the Agreement on Implementation of Article VI of 
the General Agreement on Tariffs and Trade 1994 (the  Antidumping Agreement).  For example, will 
foreign governments other than the exporting Member 's government be designated interested parties 
for the purposes of accessing public information?   
 
Question 2  
 
 Article 8 of the Rules  describes the types of "public inform ation" made available to interested 
parties.   
 
a. Which provision of Article 8 would provide  that non-confidential summaries of all 
public and private meetings between MOFCOM and interested parties be made 
available to all interested parties as denoted in Articles 6.1.2 and 6.3 of the 
Antidumping Agreement?   
 
b. Please also detail how public information w ill be made available to interested parties 
in a timely manner pursuant to Article 6.4 of the Antidumping Agreement.   
                                                     
 
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  Question 3  
  Please explain how interested parties will be gi ven the opportunity to rebut assertions made in 
a meeting between MOFCOM and an interested party, consistent w ith the opportunity to comment as 
described in Article 22 of the Rules  and Article 6.2 of the Antidumping Agreement.   
 
Question 4  
  Article 15 of the Rules  appears to state that inter ested parties can only access public 
information for six months after a definitive determination.    
a. Please confirm that this is a correct interpretation of Article 15 of the Rules .  If so, 
how would interested parties gain access to public inform ation, beyond six months, in 
the event of a judicial proceeding?  What is the purpose of this provision?   
 
b. Please explain what difference, if any, there is between the information made 
available to interested parties under the second paragraph of Article 15 of the Rules  
after publication of the definitive determina tion, and the information made available 
during the pendency of the investigation pursu ant to the first paragraph of Article 15.    
 
Question 5  
  Article 20 of the Rules  states that an information disclosure is to be made 30 days before the 
definitive determination unless there are circumstances under which "it is not appropriate to disclose certain facts in the said period of time".  What are the nature of the circumstances under which the 
Chinese authority would not disclose information 30 days before its definitive determination?   
  
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