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NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 OF THE AGREEMENT
PEOPLE'S REPUBLIC OF
Supplement
The following communication, dated
_______________
Decree of the Ministry
of Commerce concerning Publication of
"Rules on Information
Access and Information Disclosure in Industry Injury
Investigations"
No. 19 2006
Rules on Information Access and Disclosure in Industry
Injury Investigations have been deliberated and adopted at the
fifth ministerial meeting held on
Minister: Bo Xilai
_______________
Rules on Information
Access and Disclosure in Industry Injury Investigations
Chapter 1 General
Provisions
Article 1
These Rules are formulated in accordance with
the Regulations of the People's
Republic of
Article 2
Activities on information access and disclosure in the
investigations of industry injury for anti-dumping and
countervailing measures shall be carried out pursuant to these
Rules.
Article 3
The Ministry of Commerce of the People's Republic of
Article 4
"Interested parties" referred to in the Rules include:
(1)
Foreign (regional) producers, exporters and domestic
importers of the product under investigation, or associations or
other organizations of such producers, exporters and importers;
(2)
The government of the exporting country (region) of the
product under investigation;
(3)
The producers of domestic like product, or associations
or other organization of such producers;
(4)
Others.
Article 5
"Information access" referred to in the Rules means that
all interested parties involved in a case can have access to the
Public Reading Room of the Ministry of Commerce for Trade Remedy
Measures (hereinafter after referred to as "the Public Reading
Room") to search, read, extract and copy the public information
related to the investigations of industry injury.
Article 6
"Information disclosure" referred to in the Rules means
that within a reasonable period of time before a final
determination is made, the Ministry of Commerce informs the
interested parties of the basic facts on which the determination
of industry injury is based.
Chapter 2 Information
Access
Article 7
All interested parties can have access to the public
information related to the investigations of industry injury ,
except for the information set forth in Article 9.
Article 8
"Public information" referred to in the Rules includes:
(1)
The public text or non-confidential summary of the
petition and its appendix;
(2)
The public text or non-confidential summary of the
application materials submitted by the interested parties for
registration to participate in the activities of industry injury
investigations;
(3)
The public text or non-confidential summary of the
answers to the questionnaire and supplementary questionnaire
submitted by the interested parties for investigations of
industry injury;
(4)
The public text or non-confidential summary of other
application materials submitted by the interested parties to the
Ministry of Commerce in the course of investigations of industry
injury, including those for holding hearings on investigations
of industry injury, delayed submission of questionnaire,
adjustment of product scope, exclusion of domestic producers,
etc.; the public text or
non-confidential summary of the opinions or comments submitted
by other interested parties on the relevant application;
(5)
The public text or non-confidential summary of the
opinions and comments submitted by the relevant interested
parties on the request for confidentiality and the public text
or non-confidential summary of confidential information provided
by other interested parties;
(6)
The public text or non-confidential summary of the
meeting record or summary of the hearings with regard to
investigations of industry injury;
(7)
Publications and notices issued by the Ministry of
Commerce, including publications of filing a case, preliminary
determinations, definitive determinations, etc.; notices of
application for registration to participate in the
investigations of industry injury and distribution of
questionnaire, on-the-spot investigations, public hearings,
adoption of sampling investigations, etc.;
(8)
The public text or non-confidential summary of the
disclosure materials containing the basic facts on which the
definitive determination of the Ministry of Commerce in respect
of industry injury is based;
(9)
Other public information received or produced by the
Ministry of Commerce in the course of investigations of industry
injury.
Article 9
Any information which can not be publicly obtained, and
of which the disclosure would be of significant competitive
advantage to a competitor or the disclosure would have a
significantly adverse effect upon a person supplying the
information or upon a person from whom that person acquired the
information, should be treated as confidential information.
Any information which
is by nature confidential, or which is provided on a
confidential basis by the interested parties shall, upon good
cause shown, be treated by the Ministry of Commerce as
confidential information.
Article 10
In providing relevant information to the Ministry of
Commerce, the interested parties shall indicate it is public or
confidential information. Information not indicated whether
confidential or not may be treated as public information by the
Ministry of Commerce.
Article 11
Interested parties providing confidential information
shall indicate in writing the causes for request for
confidentiality, and simultaneously furnish the public text or
non-confidential summaries thereof. If the interested parties
request partial revision of or supplement to the materials
submitted, they shall also furnish the public text or
non-confidential summaries in relation to such revision or
supplement and explanations thereof.
The public text or non-confidential summaries shall be in
sufficient detail to permit a reasonable understanding of the
substance of the information submitted in confidence. In
exceptional circumstances, with the approval of the Ministry of
Commerce, interested parties may not furnish the public text or
non-confidential summaries, but a statement of the reasons why
public text or non-confidential summaries are not possible must
be provided.
Article 12
If interested parties are either unwilling to provide the
public text or non-confidential summaries of confidential
information, or the public text or non-confidential summaries
submitted are not in sufficient detail to permit a reasonable
understanding of the substance of the information submitted in
confidence, or interested parties' reasons why the public text
or non-confidential summaries are not possible are not adequate,
the Ministry of Commerce may ask them to withdraw the request
for confidentiality. If interested parties are unwilling to
withdraw their requests, the Ministry of Commerce may disregard
such information unless it can be demonstrated to its
satisfaction from other appropriate sources that the information
is correct.
Article 13
If the Ministry of Commerce is of the opinion that the
reasons of the request for confidentiality of the interested
parties are not in compliance with the requirements of the
Rules, it shall, within seven days after receipt of relevant
public text or non-confidential summary, make explanation to the
interested parties and allow them to comment on it within a
reasonable period of time. If
the Ministry of Commerce determines to disregard the information
provided by the interested parties, it shall notify the
interested parties forthwith in writing, however except that the
Ministry of Commerce is demonstrated to its satisfaction from
other appropriate sources that the information is correct.
Article 14
The Ministry of Commerce shall, within seven days after
receipt of the relevant materials listed in Article 8 of the
Rules, furnish one copy of the public text or non-confidential
summary to the Public Reading Room for consultation.
Without particular
circumstances, the Ministry of Commerce shall, within ten days
in general, send the public text or non-confidential summary of
other relevant information listed in Article 8 of the Rules to
the Public Reading Room.
Article 15
In the course of investigations of industry injury, all
the interested parties can, within working hours, gain access to
the Public Reading Room to consult all public information
related to the case.
Within six months after
definitive determination is published, the interested parties
can also have access to the relevant public information of the
case.
Article 16
In having access to public information, the interested
parties shall present the document sufficient to prove their
identity and make registration.
Article 17
The interested parties can search, read, extract and copy
public information, but shall not take the original copy of the
public information away from the Public Reading Room.
Chapter 3
Information Disclosure
Article 18
Given the requirement of protection of confidential
information, the Ministry of Commerce shall, within a reasonable
period of time before definitive determination is made, notify
the interested parties having registered to participate in the
investigations of industry injury and the domestic applicants of
the basic facts on which the definitive determination is based,
and shall inform other interested parties not having registered
that they can
consult relevant disclosure materials at the Public Reading
Room.
Article 19
The contents of the basic facts referred to in Article 18
of the Rules generally cover:
(1)
Injury Investigation Period and procedures of
investigations of industry injury;
(2)
Factors or data used to identify domestic like product;
(3)
Factors or data on which identification of domestic
industry is based;
(4)
Factors or data on cumulative assessment;
(5)
Data of the volume (in absolute or relative terms) and
price of dumped or subsidized import product;
(6)
Relevant economic factors or data to identify whether
domestic industry is injured or not;
(7)
The factors or data that the investigated country
(region) will further injure the domestic industry;
(8)
Adoption of relevant information provided by the
interested parties, including use of best information available
and the reasons thereof, etc.;
(9)
Other information that causes material influence on the
determination.
Article 20
In general, the Ministry of Commerce shall make
information disclosure thirty days before definitive
determination is made. In particular circumstances, if it is not
appropriate to disclose
certain facts in the said period of time, the Ministry of
Commerce shall make such disclosure within a reasonable period
of time before definitive determination is made thereafter.
Article 21
Information disclosure shall be made in writing.
Information disclosure can be made either directly to the
relevant interested parties or to their agents.
Article 22
After information is
disclosed, the interested parties can, within ten days, comment
to the Ministry of Commerce in writing.
Article 23
As to the comments provided by the interested parties in
the specified period of time, the Ministry of Commerce shall
take them into consideration, and accept the reasonable contents
in the definitive determination. If the basic facts on which the
definitive determination is based are therefore different,
without prejudice to the normal investigating procedures of a
case, the Ministry of Commerce shall still promptly disclose
such information so that the relevant interested parties can
comment thereafter.
Chapter 4
Supplementary Rules
Article 24
Information access and disclosure in the investigations
of industry injury for reviews shall be implemented with
reference to the Rules.
Article 25
The Ministry of Commerce shall be entitled to the
interpretation of the Rules.
Article 26
The Rules shall come into effect thirty days after the
date of publication.
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