. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/61 
G/SCM/Q1/CHN/61 
2 August 2007 
 (07-3295) 
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 
 
Reply to Questions Posed by the European Communities
1  
Regarding the Notification of China2 
 
 
 
 The following communication, dated 24 July 2007, is being circulated at the request of the Delegation of China.  
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Question 1 
  Article 6 of the notified rules specifies that  in its review the People's Court shall "also 
take as reference the regulations and rules of the ministries and commissions under the State 
Council".  Could China please clarify what regu lations and rules are covered by this provision 
and whether they have been notified to the Committee on Anti-Dumping Practices.   
 
Reply
 
 
 According to Article 53 of the Administrative Pr ocedure Law of the P.R.C, the people's courts 
shall take, as references, rules related to antidumping formulated and announced by ministries or 
commissions under the State Council in accordance with  laws, administrative regulations, decisions or 
orders of the State Council.  For example, Arti cle 58 of the Antidumping Regulation of the P.R.C 
provides that the Ministry of Commerce may fo rmulate specific implementing rules in accordance 
with this regulation.    Question 2 
 Article 8, second paragraph, provides that certain evidence submitted by the plaintiff 
shall be deemed inadmissible.  Could China provid e some further clarificat ion or give examples 
of evidence that was deemed inadmissible on the basis of this provision.   
 
Reply
 
 
 If the investigation does not viol ate Article 6 (evidence) of the Agreement on Implementation 
of Article VI of GATT , the evidence stipulated in Article 8.2 of  the Rules shall include all the evidence 
the authority investigated in accordance with the law.  I.e., the people's courts shall deem inadmissible 
                                                      
1 G/ADP/Q1/CHN/60 – G/SCM/Q1/CHN60).   
2 G/ADP/N/1/CHN/2/Suppl.5.   G/ADP/Q1/CHN/61 
G/SCM/Q1/CHN/61 Page 2 
 
 
  any evidence submitted by foreign providers and all other members in the litigation if, in the 
preceding antidumping investigation and upon request  by the authorities through due procedure, they 
had refused to provide such evidence under no just ifiable grounds, or failed to offer the authentic 
ones, or significantly impeded the investigation in other ways.   
 
Question 3 
 Article 9:  could China please clarify how comp atibility is ensured with Article 6.8 ADA.   
 Reply
 
 
 According to the Administrative Procedure Law of the P.R.C, in hearing administrative cases, 
the people's courts shall base themselves on facts a nd take the law as the criterion.  So the courts may 
make the judgment of the cases on the basis of the facts available, even when the evidence offered by 
the related parties was deemed inadmissible.    
Question 4 
 Article 11 provides that the People's Cour t may take, as a reference, the provisions 
concerning the foreign-related civil procedures for the purpose of hearing an anti-dumping 
administrative case.  Could China please explain how this provision is supposed to function and 
give some examples.   
 
Reply
 
 
 Since the Administrative Procedure Law does not provide specific requirements on the 
procedure involving foreign interests and the antidumping administrative cases are related to foreign parties, in order to provide sufficie nt protection of the rights and interests of foreign parties, the courts 
may take, as references, the provisions concerning  the foreign-related civil procedures in hearing 
antidumping administrative cases.  For example, the courts may take, as references, the foreign-
related civil procedures on period fo r hearing, time of appeals, or the procedure of serving documents.   
 
 
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