. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/CHN/55 
G/SCM/Q1/CHN/55 8 April 2005 
 
(05-1478) 
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 EUROPEAN COMMUNITIES1 
Regarding the Notification of the PEOPLE'S REPUBLIC OF CHINA2 
 
 
 The following communication, dated 6 April 2005, is being circulated at the request of the Delegation of the People's Republic of China.  
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Question 1. 
  The notification states that the Regula tions were revised in accordance with the 
‘Decision of the State Council on Amending the Regulations of the People’s Republic of China 
on Anti-Dumping’ promulgated on 31 March 2004.  Article 59 of the Regulations states that the 
notified Regulations shall be effective as of 1 January 2002.  Could China please clarify this time-line?  The EC has also noted that in the meantime China has notified a number of “provisional rules”, implementing the previous Re gulations with respect to particular aspects of 
anti-dumping investigations (G/ADP/N/1/CHN/2/Suppl. 1).  Could China please clarify the 
current status of these provisional rules?  Are there any other rules on anti-dumping currently 
in force or modifications to existing rules wh ich have not yet been notified to the WTO? 
 
Reply
 
 
 The effective date of the Anti-dumping Regul ations of People’s Republic of China is 
1 January 2002.  The relevant articles in the regulat ions amended in the Decision of the State Council 
on Amending the Regulations of the People’s Re public of China on Anti-dumping became effective 
in 1 June 2004.  All the provisional implementi ng rules regarding dumping and injury are still 
effective and have all been notified to th e WTO. Please refer to the notification. 
 Question 2.   When comparing the amended regulations with their previous version (G/ADP/N/1/CHN/2), the EC notes that most  provisions remained unchanged, since several 
WTO Members had submitted comments on the regulations in their previous version, the EC 
regrets that China, after having acquired more experience with the conduct of anti-dumping 
investigations, has not used the current amendm ent as an opportunity to take these comments 
into account, and clarify the provisions concerned or align them with the ADA, in the light of 
this, the EC would like to raise the following questions: 
                                                     
 
1 G/ADP/Q1/CHN/48 - G/SCM/Q1/CHN/48 
2 G/ADP/N/1/CHN/2/Suppl.3 and G/ADP/N/1/CHN/2/Suppl. 4-G/SCM/N/1/CHN/2/Suppl.4-
G/SG/N/1/CHN/2/Suppl.4. G/ADP/Q1/CHN/55 
G/SCM/Q1/CHN/55 Page 2 
 
 
  
 (a)  The last paragraph of Article 6 on the comparison of a weighted average normal value with individual export transactions does not contain all the requirements for the use of this method laid down in Article 2.4.2 ADA.  Co uld China please explain how it is ensured that 
this provision is applied in conformity with the ADA? 
 
Reply
 
  Up till now there have been no instances in prac tice involving such comparison.  If there were 
need to invoke the methodology, China, as a WTO Member, would ensure WTO-consistency of its 
practice.   
 
 (b)  Article 11 does not include the specific conditions of Article 4.1(ii) and 4.2 ADA regarding the treatment of regio nal markets.  How does China co mpliance with the ADA in this 
respect? 
 
Reply
 
  There have been no instances in practice regardi ng the treatment of regional markets yet.  As 
stated above in reply to question (a), if there were  need to invoke the concept, China would ensure 
WTO-consistency of its practice. 
 
 (c)  Could China please confirm that it would only extend the application of provisional 
measures to nine months, as foreseen in Article 30 of the Regulations, if the authorities examine whether a duty lower than the margin of dumpi ng would be sufficient to remove injury, in 
accordance with Article 7.4 ADA?  
Reply
 
  Though we have not yet such cases in practice until now, the Chinese authority can confirm that it will deal with this problem in strict accordance with the ADA. 
 
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