. /.   WORLD TRADE  
ORGANIZATION  G/ADP/W/462 
27 September 2007 
 (07-4084) 
Committee on Anti-Dumping Practices Original:   English 
  
 
TRANSITIONAL REVIEW MECHANISM PURSUANT TO 
SECTION 18 OF THE PROTOCOL ON THE ACCESSION 
OF THE PEOPLE'S REPUBLIC OF CHINA 
 
Questions from the UNITED STATES to CHINA
 
 
  The following communication, dated 27 Septembe r 20007, is being circulated at the request 
of the Delegation of the United States.  
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Notifications 
 
1. During the 2006 Transitional Review Mechanis m (TRM) meeting before this Committee, the 
representative from China stated that the Regulations on Information Accession and Information 
Disclosure in Industry Injury Investigations would be notified to the Committee "within a couple of 
weeks".  It is the United States' understanding that th ese regulations still have not been notified.  Will 
China notify these regulations without further delay?     
2. During the 2006 TRM meeting before this Co mmittee, the representative from China stated 
that China would soon determine whether its Regulations on Responding to Anti-dumping Cases of 
Export Products would be notified to this Committee.  Because these regulations potentially affect 
how Chinese respondents participate in anti-dumpi ng investigations worldwide, they are of 
considerable interest to the me mbers of this Committee.  What are China's plans regarding the 
notification of these regulations to the Committee?   
 
3. The United States notes that the Ministry of Commerce (MOFCOM) recently issued an 
announcement clarifying initiation procedures for its expiry reviews.  ( See Announcement No. 62, 
issued by MOFCOM on 3 August 2007 and published at http://english.mofcom.gov.cn/ 
aarticle/policyrelease/domesticpolicy/ 200708/200708049649 04.html.)   
 
 (a) When does China intend to notify this announcement to the Committee? 
  (b) Has MOFCOM issued any other revised rules or regulations with regard to its 
conduct of expiry reviews?  If so, when will China notify them to this Committee? 
 
Disclosures 
 
4. The United States has previously reported on co mplaints from interested parties in Chinese 
anti-dumping proceedings about a lack of transparency  with respect to the factual information before 
MOFCOM and a lack of adequate explanation by MO FCOM of its interpretation of those facts.  For 
example, respondents have complained that the di sclosures of anti-dumping margin calculations in 
preliminary and final determinati ons have not contained sufficient information needed to replicate G/ADP/W/462 
Page 2  
 
  certain calculations and identify the specific adju stments that were made.  Can China please describe 
the specific steps that MOFCOM has taken since l ast year's TRM meeting before this Committee to 
ensure that disclosures provide greater transparency?  
Expiry Reviews 
 
5. Several Chinese anti-dumping me asures involving US products are expected to be subject to 
expiry reviews in the next few years.     (a)  What steps has MOFCOM taken to en sure that interested parties in expiry 
proceedings have adequate access to criti cal documents and information that are 
necessary to defend their interests, especi ally evidence offered by the petitioning 
domestic industry, as required by Ar ticles 6 and 11 of the Agreement on 
Implementation of Article VI of the Ge neral Agreement on Tariffs and Trade 1994 
(the Anti-Dumping Agreement)? 
 
 (b) What steps has MOFCOM taken to ensu re that interested parties in expiry 
proceedings have sufficient opportunity to present and rebut arguments, as required 
by Articles 6 and 11 of the Anti-Dumping Agreement?  
 6. Please describe the steps MOFCOM has taken to  ensure that, in the event that a definitive 
anti-dumping duty is terminated as a result of an e xpiry review, respondents will be refunded any anti-
dumping duties collected beyond the five-year anniversary date of the measure, pursuant to Article 11.3 of the Anti-Dumping Agreement.  
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