WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/54/Suppl.1 
G/SCM/Q1/CHN/54/Suppl.1 2 May 2005 
 
(05-1766) 
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 Questions Posed by the UNITED STATES1 Regarding the  
Notification of the PEOPLE'S REPUBLIC OF CHINA2 
 
Supplement  
  
 The following communication, dated 28 April 2005, is being circulated at the request of the 
Delegation of the People's Republic of China.  
_______________ 
 
 Replies to previously unanswered Questions 18, 20, 22, 24, and 26 
 Question 18   In regard to Article 30 of the AD regulations, would China please confirm that the 
"special circumstances" under whic h a provisional measure may be extended up to nine months 
refers only to the examination of whether a dut y lower than the margin of dumping would be 
sufficient to remove injury, as provided in ADA Article 7.4.  Are there any other "special circumstances" which could justify such an extension? 
 
Reply
 
 
 In the course of an investigation, where the authorities examine whether a duty lower than the 
margin of dumping would be sufficient to remove injury, and upon request by exporters representing 
a significant percentage of the trade involved, in  accordance with Article 30 of Regulations on Anti-
dumping, the application of provisional measures may be extended to 9 months. 
 
Question 20 
  Will a determination of the public interest be subject to challenge in the people's court 
under Article 53 of the AD regulations and Article 52 of the CVD regulations, and, if so, which 
parties may bring such a challenge?  If such a challenge is permitted, what standard will the 
people's court apply in determining the merits of an argument that the authorities have not 
properly determined the public interest? 
 
                                                     
 
1 G/ADP/Q1/CHN/51-G/SCM/Q1/CHN/51 
2 G/ADP/N/1/CHN/2/Suppl.4 and G/SCM/N/1/CHN/1/Suppl. 4 (1 December 2004) 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/54/Suppl.1 
G/SCM/Q1/CHN/54/Suppl.1 Page 2 
 
 
 Reply
 
  In 2002, the Supreme People’s Court of Ch ina promulgated Provisions on Some Issues 
Concerning the Application of Law in Trial of Ad ministrative Cases Relating to Anti-dumping, which 
entered into force on 1 January 2003.  Article 1 of  these provisions stipulates the scope of trail of 
administrative cases relating to anti-dumping by peopl e’s courts, which covers the decisions of anti-
dumping duties.  Article 2 provides that interested pa rties may file a lawsuit in the People’s Courts in 
accordance with the Administrative Procedures La w and other related la ws and regulations.  
Interested parties refers to applicants filing the written application for anti-dumping investigations, the 
related exporters and importers, and any natural person, legal pers on or other organization having 
legal interests with administrative anti-dumping measures ． 
 
Question 22   Will interest be paid on any refund made under Article 46 of the AD regulations?  How will the amount of interest be calculated? 
 Reply
 
  At present, interest will not be paid on refund.  
Question 24 
 
 Article 53 of the AD regulations and Article 52 of the CVD regulations allow for 
administrative reconsideration of anti-dumpi ng and countervailing duty decisions.  Would 
China please specify with whom an application for administrative reconsideration should be filed and the procedural requirements for admi nistrative reconsideration?  Would China please 
further clarify whether a request for ad ministrative reconsideration may proceed 
simultaneously with the filing of a lawsuit in th e people’s court?  Can a determination in an 
administrative reconsideration be appealed to the people's court? 
 
Reply
 
  Chapter 3 of Administrative Reconsiderati on Law prescribes the procedures and requirement 
for the application of administrative reconsideration.   According to Article 14, a citizen, legal person, 
or any other organization that refuses to accept a speci fic administrative act of a department under the 
State Council, may apply for administrative reconsid eration to the department under the State Council 
that undertook the specific administrative act.  Mo reover, Implementation Measures of Ministry of 
Commerce on Administrative Reconsideration specify  further the procedures of application for 
administrative reconsideration to Ministry of Commerce.  Administrative reconsideration and 
administrative lawsuit cannot be filed simultaneously .  Article 16 provides that where a citizen, legal 
person or any other organization applies for admini strative reconsideration, and an administrative 
reconsideration organ accepts the application in accordance with la ws, or where in accordance with 
relevant provisions of laws or regulations, a citizen, legal person or  any other organization shall first 
apply to an administrative reconsideration organ fo r administrative reconsideration and then bring an 
administrative suit before a people’s court if the administrative reconsideration decision is unacceptable, an administrative suit shall not be brou ght before a people’s cour t within the statutory 
time limit for administrative reconsideration.  Wher e a citizen, legal person, or any other organization 
brings a suit before a people’s cour t, and the people’s court, in ac cordance with law, accepts the suit, 
administrative reconsideration shall not be applied for. Article 14 of Administrative Reconsideration  G/ADP/Q1/CHN/54/Suppl.1 
 G/SCM/Q1/CHN/54/Suppl.1  Page 3 
 
 
 Law further stipulates that where the administra tive reconsideration decision is unacceptable, the 
applicant may bring a suit before a people’s court.  
Question 26 
 
 Article 56 of the AD regulations and Article 55 of the CVD regulations specify that China may take "corresponding measures" against any country that "discriminatorily" 
imposes anti-dumping or countervailing measures against exports from China.  Based on what 
authority in the ADA and ASCM could China take such action?  Under what circumstances 
does China foresee applying this provision (i.e. what type of action would be considered 
“discriminatory” within the meaning of Articles 55 and 56)?  What sorts of actions would be taken against another country?  Is there any Chinese law or regulation prohibiting use of Articles 55 and 56 prior to exhausting other remedies such as the WTO dispute settlement process? 
 
Reply
 
  When China takes corresponding measures ag ainst a WTO Members in accordance with 
Article 56 of Regulations on Anti-dumping or Article  55 of Regulations on Countervailing, China will 
observe WTO obligations.  Corresponding measures  includes recourse to WTO dispute settlement 
mechanism ． 
__________