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notification of laws and regulations under article 18.5 OF THE agreement
people’s republic of china Supplement
The following communication, dated 11 April 2003, has been received from the Permanent Mission of the People's Republic of China.
_______________ With reference to Article 18.5 of the Agreement on Implementation of Article VI of the GATT 1994, I am writing to submit the notifications from the People's Republic of China of the departmental rules related to the Agreement as follows: 1. Rules on Investigations and Determinations of Industry Injury for Anti-Dumping; 2. Rules on Public Hearings with regard to Investigations of Injury to Industry.
RULES ON INVESTIGATIONS AND DETERMINATIONS
OF INDUSTRY INJURY FOR ANTI-DUMPING
CHAPTER I. GENERAL PROVISIONS
Article 1.
These Rules are formulated in accordance with
Regulations of the People’s Republic
of China on Anti-Dumping (hereinafter referred to as the
“Regulations on Anti-Dumping”) for the purpose of
standardizing investigations of injury to industry and
consequent determinations for anti-dumping.
Article 2.
These Rules shall apply to activities carried out under
the Regulations on Anti-Dumping, with regard to the application
for initiation of anti-dumping investigation, as well as
anti-dumping investigations of injury to industry and consequent
determinations.
Article 3.
The State Economic and Trade Commission (hereinafter
referred to as “SETC”) shall be responsible for the anti-dumping
investigations of injury to industry and consequent
determinations. The anti-dumping investigations of injury
involving agricultural products shall be conducted by SETC in
conjunction with the Ministry of Agriculture.
Article 4.
The Investigation Bureau of Injury to Industry of SETC
shall undertake the implementation of these Rules.
CHAPTER II. DETERMINATION OF INJURY AND CAUSAL LINK
Article 5.
The term “injury” means material injury or threat of
material injury to an established domestic industry or material
retardation of the establishment of such domestic industry,
which are caused by dumping.
“Material injury” means injury that has been caused to a domestic industry and is not negligible. “Threat of material injury” means that material injury has not been caused to domestic industry while evidence shows that it would occur if no measures are taken. “Material retardation” means that although no material injury or threat of material injury has been caused to a domestic industry, the establishment of a domestic industry has been seriously retarded.
Article 6.
The following factors shall be examined in the
determination of material injury caused to a domestic industry
by dumping:
(1)
whether the volume of the dumped imports, including
those in absolute terms or relative to the production or
consumption of the domestic like product, has
increased significantly;
(2)
effects of the dumped imports on prices, including
the price undercutting by the dumped imports, or the significant
suppressing or depressing effects on
the price of the domestic like product, etc.;
(3)
impacts of the dumped imports on the relevant
economic factors and indices of the domestic industry (including
actual and potential decline of domestic industry in sales,
profits, output, market share, productivity, return on
investment or utilization of capacity, etc., factors affecting
domestic prices; the magnitude of the margin of dumping, the
actual or potential negative effects of the dumped imports on
the domestic industry’s cash flow, inventories, employment,
wages, growth, ability of capital raising or investment, etc.);
(4)
the export capacity, production capacity and
inventories of the exporting countries (regions) or the
countries (regions) of origin of the dumped imports;
(5)
other factors.
Article 7.
The following factors shall be examined in the
determination of threat of material injury caused to a domestic
industry by dumping:
(1)
the increase and the likelihood of significant
increase in the volume of the dumped imports;
(2)
the suppressing or depressing effects of the dumped
imports on the price of the domestic like product, or the
likelihood of such effects;
(3)
the production capacity, export capacity, the future
potential production capacity and export capacity of the
producers and their related producers in the exporting countries
(regions) or the countries (regions) of origin of the dumped
imports;
(4)
the developing trend of the inventories of the
exporting countries (regions), countries (regions) of origin,
and those of the producers and their related producers of the
dumped imports;
(5)
the impacts and the potential impacts of the dumped
imports on a domestic industry;
(6)
the consequence of dumping in the market of a third
country (region) by the dumped imports;
(7)
other factors.
The determination of threat of material injury
shall be based on facts and not merely on allegations,
conjectures or remote possibilities.
Article 8.
The following factors shall be examined in the
determination of material retardation of the establishment of a
domestic industry caused by dumping:
(1)
the situation of establishment and the preparation of
the establishment of a domestic industry;
(2)
the increase in domestic demand and the impact
thereof;
(3)
the impact of the dumped imports on the situation of
domestic market;
(4)
the subsequent production capacity of the dumped
imports and its developing trend in the domestic market;
(5)
other factors.
Article 9.
A determination by SETC of the injury caused by dumping
to a domestic industry and the causal link between dumping and
injury shall be based on positive evidence and comprehensive and
objective consideration of all indices and factors, while the
injury caused by factors other than dumping must not be
attributed to dumping, which may include, among others, changes
in the domestic demand or in the patterns of consumption,
trade-restrictive practices of and competition between foreign
and domestic producers, imports of the products concerned from
other countries (regions), development in technology, export
performance and productivity of the domestic industry, and
force majeure, etc..
Article 10.
The term “like product” refers to the product that is
identical to the dumped imports, or in the absence of such a
product, another product that has the characteristics most
closely resembling the dumped imports.
Article 11.
The following factors may be examined in the
determination of like product: physical characteristics and
chemical properties, use, production equipment and manufacturing
process, comments from consumers and producers,
substitutability, channel of distribution and prices, etc.
Article 12.
The effect of dumped imports on domestic industry shall
be assessed in relation to the separate identification of that
production of the domestic like product.
If such separation of that domestic production of the
like product is not possible, the effects of the dumped imports
shall be assessed by the examination of the production of the
narrowest group or range of products, which includes the
domestic like product.
Article 13.
In the determination of injury to domestic industry, SETC
may exclude the product under investigation or part thereof that
did not cause injury to the domestic industry. To the extent to
which the said product has been excluded, it shall not be
subject to anti-dumping measures.
Article 14.
In the determination of the domestic industry, reference
shall be made to all domestic producers of the like product
within the People’s Republic of China, or to those of them whose
collective output of the like product constitutes a major
proportion of the total production of those products, except
that where domestic producers are related to the exporters or
importers or are themselves the importers of the dumped imports,
they may be excluded from the domestic industry.
For the purpose of the preceding paragraph,
producers are deemed to be “related”
if one of them directly
or indirectly controls or has influence over the other, or both
of them are directly or indirectly controlled or influenced by a
third person, or together they directly or indirectly control or
have influence over a third person.
Article 15.
The following factors shall be examined in the
determination of an industry in a certain area:
(1)
the producers sell in the market of that area all or
almost all of the like products they produce;
(2)
the demand in the market of that area is not, or is
not to any substantial degree, supplied by producers of the like
products located elsewhere in the territory;
(3)
other factors.
Article 16.
Where the dumped imports are from more than two countries
(regions) and satisfy simultaneously the following requirements,
the effects of such dumped imports on a domestic industry may be
assessed cumulatively:
(1)
the margin of dumping established in relation to the
dumped imports from each country (region) is no less than 2 per
cent, and the volume of such imports from each country (region)
is not negligible;
(2)
a cumulative assessment of the effects of the dumped
imports is appropriate in light of the conditions of competition
between the dumped imports and the conditions of competition
between the dumped imports and the domestic like product.
The volume of the dumped imports shall
normally be regarded as negligible if the volume of the dumped
imports from a particular country (region) is found to account
for less than 3 per cent of the total imports of the like
products, unless countries (regions) which individually account
for less than 3 per cent of the total imports of the like
products collectively account for more than 7 per cent of the
total imports of the like products.
Article 17.
The following factors may be examined in the cumulative
assessment:
(1)
the continuation and likelihood of causing injury to
domestic industry by the dumped imports from different countries
(regions);
(2)
the degree to which the dumped products imported from
different countries (regions) are substitutable with the
domestic like product, including relevant factors such as
specific customer requirements and product quality;
(3)
the sales prices, the sellers’ offer and the actual
price paid in the market of a same area of the dumped imports
from different countries (regions) and those of the domestic
like product;
(4)
whether the dumped imports from different countries
(regions) and the domestic like products share common or similar
distribution channels, and whether they are simultaneously
present in the market;
(5)
other competitive conditions between the dumped
imports as well as those between the dumped imports and domestic
like product;
(6)
other factors.
Article 18.
In carrying out investigations of injury to industry and
making determinations thereof, SETC shall take into account of
public interest, and may investigate the potential impacts of
the imposition of anti-dumping measures on public interest.
SETC shall provide opportunities for the users
and consumers of the dumped imports to present their comments
and to submit relevant evidence.
Article 19.
The period under anti-dumping investigations of injury to
industry is normally the 3 years immediately prior to the
initiation of an investigation.
CHAPTER III.
INVESTIGATION OF INJURY TO INDUSTRY
Article 20.
Upon receipt of the letter for consultation concerning
the application for initiation of an anti-dumping investigation,
the application, and the supporting materials attached thereto
forwarded from the Ministry of Foreign Trade and Economic
Cooperation (hereinafter referred to as “MOFTEC”), SETC shall
examine the contents of the application and the supporting
materials attached thereto, and shall present its opinion on
whether to initiate an investigation within 30 days; Where
warranted, the period for examination can be extended by 15
days.
Where SETC considers that the contents of the
application or the supporting materials are insufficient, the
applicant shall submit supplementary materials in accordance
with the requirements of SETC within a specified time limit.
Article 21.
The application for initiation of an anti-dumping
investigation shall contain the following supporting materials:
(1)
the information to be contained in the application as
prescribed by the Regulations on Anti-dumping;
(2)
the information on the type of injury, i.e., material
injury, threat of material injury or material retardation of
establishment of a relevant domestic industry;
(3)
a presentation of reasons and considerations for
cumulative assessment if two or more countries (regions) are
involved;
(4)
other factors that caused injury to domestic industry and
relevant supporting materials.
Article 22.
An application shall be considered to have been made by
or on behalf of the domestic industry and an anti-dumping
investigation may be initiated, if the application is supported
by those domestic producers whose collective output constitutes
more than 50 per cent of the total production of the like
product produced by that portion of the domestic industry
expressing either support for, or opposition to, the
application. However, no investigation shall be initiated where
the output of those domestic producers supporting the
application accounts for less than 25 per cent of the total
production of the domestic like product.
Article 23.
The interested parties who apply for responding to the
anti-dumping investigation shall submit an application in that
regard and register with SETC within 20 days following the issue
date of the public notice on initiating the anti-dumping
investigation; meanwhile, information to be submitted shall
contain the respondent’s production capacity, output,
inventories, the plan for construction in progress and that for
the expansion, the volume and value of the product exported to
China, as well as the import volume and value with respect to
the importers relating to the period under investigation of
injury to industry,.
Article 24.
“Interested parties” include:
(1)
producers and exporters of foreign country (region),
and domestic importers, or associations of producers, exporters
and importers of the product concerned, or other organizations.
(2)
the government as well as its representative of the
country (region) of origin, and of the exporting country
(region) of the product under investigation;
(3)
domestic producers and traders of the domestic like
product, or associations of the domestic producers and traders
thereof, or other organizations;
(4)
others.
Article 25.
The interested party shall present a certificate of
identity in order to
participate in the investigation. If the interested parties are
enterprises or other organizations, they shall present a
certificate of registration, such as business license, and
certificate of identity of their legal representatives.
A proxy, who has been authorized to
participate in the investigation, shall present a certificate of
identity and a Power of Attorney. If it is to authorize a lawyer
to act as legal counsel, only Chinese law firms and Chinese
practicing lawyers can be appointed. Accordingly a Power of
Attorney, a business license of the law firm and the attorney’s
practicing permit shall be presented.
Article 26.
An anti-dumping investigation of injury to industry
conducted by SETC may be addressed to, among others, domestic
producers, importers, buyers, end-users, and foreign exporters
and producers, etc.
Article 27.
Where warranted, SETC may engage experts on aspects such
as the relevant industry, accounting, economy and trade, and law
for consultation. Experts appointed shall bear responsibility
for maintaining confidentiality.
Article 28.
SETC will conduct the investigation of injury to industry
by means of questionnaires, samplings, public hearings,
technical appraisal as well as on-the-spot verifications.
Article 29.
The questionnaires issued by SETC to interested parties
include questionnaires for domestic producers and importers, for
foreign producers and exporters, or those of other types.
Article 30.
Interested parties shall return the questionnaire
response in the form and within the time limit specified in the
questionnaire. If there is need for an extension of the time
limit, a written application containing appropriate reasons
shall be submitted to SETC 7 days before the deadline for
questionnaire response. It is for SETC to decide whether or not
to grant such an extension.
Article 31.
SETC may carry out an on-the-spot verification at the
premises of
interested parties’.
Prior to the on-the-spot verification, interested parties shall
be notified in advance of the main purpose of, and general
information on the verification.
Article 32.
Upon request by an interested party or where warranted by
the investigation, SETC may send its staff to the country
(region) in question to investigate information concerning
production capacity, investment and expansion, inventories,
origin of the product or transshipment, and the relationship
between enterprises, etc., provided that agreement is obtained
from the country (region) in question.
Article 33.
SETC may require interested parties to submit any written
information or to provide supplementary written information as
specified. Interested parties may also submit written materials
to SETC on their own initiative.
Article 34.
Upon request by an interested party or where SETC deems
necessary, a public hearing on injury to industry may be held.
The hearing shall take place under the Rules on Public Hearings
with Respect to Investigations of Injury to Industry.
Article 35.
Upon receipt of the letter for consultation concerning
price undertakings and the attached supporting materials
forwarded from MOFTEC, SETC shall examine whether the price
undertakings are sufficient to eliminate the injury caused by
dumping to industry. Normally the time limit for examination
shall not exceed 30 days, which may be extended by 15 days where
necessary.
Where SETC considers that the relevant
supporting materials are insufficient, the exporter, who either
offered or accepted a proposal for a price undertaking, shall
submit supplementary information according to the requirements
of SETC within the time limits specified.
Article 36.
The fact that the exporters do not offer or accept a
proposal for a price undertaking shall in no way prejudice the
anti-dumping investigation of the injury to industry and the
determination thereof. However, SETC is free to determine that a
threat of injury is more likely to be realized if the exporters
continue dumping the import products.
Article 37.
If a price undertaking is acceptable in the view of SETC,
SETC shall decide to suspend or terminate the anti-dumping
investigation of injury to industry.
Article 38.
Where an investigation has been suspended or terminated,
the investigation may nevertheless be continued if the exporter
requests as such or SETC deems necessary.
Article 39.
In the case of violation of a price undertaking by
exporters, SETC may resume the anti-dumping investigation of
injury to industry, and make determination on the basis of the
best information available.
Article 40.
If an interested party considers that it is necessary to
keep the information and relevant evidence it provides on a
confidential basis, it shall submit a non-confidential summary
thereof to SETC along with the confidential information, or
submit respectively a confidential version and a
non-confidential version of the information in question.
The non-confidential summary or
non-confidential version shall permit a reasonable understanding
of the substantial contents of the confidential information. If
the disclosure of the substantial contents of the information is
insufficient, SETC may require the interested party in question
to provide supplementary information and supporting materials.
Article 41.
If an interested party fails to provide a
non-confidential summary or non-confidential version of the
submitted materials and relevant evidence, or if the reason why
a non-confidential summary or non-confidential version is not
possible is inadequate, SETC may disregard such materials. If
SETC finds that it is not warranted to keep the materials
confidential, it may require the interested party in question to
withdraw its request for confidential treatment.
Article 42.
An interested party shall provide accurate information
and relevant materials during the course of an investigation of
injury to industry before determination. In the case any
interested party does not provide accurate information and
relevant materials, or does not provide necessary information
within a reasonable time limit or otherwise significantly
impedes the investigation, SETC may make determination on the
basis of the facts available and the best information available.
Article 43.
Any interested party would have access to the
non-confidential information relating to the investigation of a
case in question at SETC after initiation of the anti-dumping
investigation and before publication of the final determination.
The interested parties may also have access to the
non-confidential information within a reasonable period after
publication of the final determination.
Article 44.
In order to gain access to the non-confidential
information, an interested party shall show the relevant
certificate and go through procedural formalities in accordance
with relevant provisions.
Article 45.
An interested party may extract and copy non-confidential
information, but shall not take away the original
non-confidential document from SETC.
SETC shall provide necessary facilities to the
interested parties for access to non-confidential information.
CHAPTER IV.
DETERMINATION OF INJURY TO INDUSTRY
Article 46.
SETC shall, on the basis of its preliminary findings,
make a preliminary determination on whether injury and the
causal link between dumping and injury are
established.
Article 47.
In the case that a preliminary determination establishes
the existence of injury to domestic industry, which has been
caused by dumping, and the existence of a causal link between
dumping and injury, SETC shall continue the investigation on
injury and the degree thereof, and it shall, on the basis of the
outcome of that investigation, make a final determination on
whether or not injury and the causal link between dumping and
injury are established.
Article 48.
An anti-dumping investigation of injury to industry shall
be terminated under any of the following circumstances:
(1)
the application for anti-dumping investigation has
been withdrawn by the applicant;
(2)
there is no sufficient evidence showing the existence
of injury and the causal link between dumping and injury;
(3)
the actual or potential volume of imports of the
products under investigation or the injury as well is
negligible;
(4)
continuation of the investigation of injury to
industry is not deemed appropriate by SETC in the light of the
public interest or other considerations.
If the product under investigation imported
from one or more countries (regions) falls within the
circumstances set out at sub-paragraphs (2) or (3) above, SETC
shall terminate the anti-dumping investigation of injury to
industry against the products concerned from these countries
(regions).
Article 49.
After an anti-dumping duty has taken effect, upon receipt
of the letter for consultation and the attached supporting
materials concerning an interim review forwarded from MOFTEC,
SETC shall examine relevant supporting materials concerning the
review, and present within 30 days its opinion on whether or not
to initiate a review. Where warranted, the period for
examination can be extended by 15 days.
The period for the levy of an anti-dumping
duty and fulfillment of a price undertaking shall not exceed 5
years. A notice of the impending expiry of an anti-dumping duty
or the fulfillment of a price undertaking shall be published by
SETC six months prior to the date of expiry. An application for
an expiry review shall be filed with SETC by or on behalf of the
domestic industry within 20 days following the issue of the said
notice.
SETC shall examine the supporting materials of
the application for an expiry review, and shall decide, within
30 days following the date of deadline for such an application,
on the necessity to review whether or not the expiry of an
anti-dumping duty or a price undertaking would be likely to lead
to a continuation or recurrence of injury. Where warranted, the
time limit for the examination can be extended by 15 days.
In the case no application for an expiry
review is submitted by or on behalf of the domestic industry
within the time limit specified and where warranted, an expiry
review may nevertheless be initiated by SETC on its own
initiative, in order to determine whether or not the expiry of
an anti-dumping duty or a price undertaking would be likely to
lead to continuation or recurrence of injury.
Where SETC considers that the relevant
supporting materials are insufficient, the interested party in
question shall submit supplementary information according to the
requirements of SETC within a specified time limit.
Article 50.
SETC shall make a determination of review in both interim
review and expiry review.
Article 51.
According to the outcome of a review and upon receipt of
the letter for consultation and the attached supporting
materials forwarded from MOFTEC concerning whether or not to
retain, revise or terminate a price undertaking, SETC shall
examine the relevant supporting materials, and present its
opinion within 30 days on whether or not to retain, revise or
terminate the price undertaking. The period for examination may
be extended by 15 days where warranted.
Where SETC considers that the relevant
supporting materials are insufficient, the interested party in
question shall submit supplementary materials upon the
requirements of SETC within a specified time limit.
Article 52.
Procedures for review shall be subject to the relevant
provisions with regard to anti-dumping investigations.
CHAPTER V.
CIRCUMVENTION AND ANTI-CIRCUMVENTION
Article 53.
The “circumvention” of anti-dumping measures covers the
following circumstances:
(1)
assembling or processing the product subject to an
anti-dumping duty in a third country (region) for exporting to
China;
(2)
making a superficial change to a product subject to
an anti-dumping duty or processing it for re-classifying it into
a customs code which is not subject to an anti-dumping duty for
the purpose of exporting to China;
(3)
exporting to China the parts and components of the
product subject to an anti-dumping duty and assembling them in
China;
(4)
exporting to China the later-developed products of
the product subject to an anti-dumping duty;
(5)
others.
Article 54.
SETC may initiate an anti-circumvention investigation
against practices which circumvent anti-dumping measures.
Article 55.
The following factors shall be examined in the
determination of circumvention:
(1)
practices of circumvention, as covered by Article 53,
takes place prior to or after initiation of an anti-dumping
investigation;
(2)
the fact that parts originating in the country
(region) of dumping or a third country (region) constitute a
significant proportion of the total value of all
parts used in the product
subject to an anti-dumping duty;
(3)
the fact that the raw materials originating in the
country (region) of dumping or a third country (region)
constitute a significant proportion of the total value of the
raw materials used in the production of the product subject to
an anti-dumping duty;
(4)
the fact that the value added in assembling or
processing the products subject to an anti-dumping duty
constitutes a small proportion of the total value of the
assembled or processed product;
(5)
the fact that the effects of the anti-dumping duty
are significantly undermined by the circumvention;
(6)
the findings of dumping and injury of the product
subject to an anti-dumping duty;
(7)
other factors.
Article 56.
In the case circumvention of anti-dumping measures causes
injury to domestic
industry, SETC may take appropriate measures to prevent it..
CHAPTER VI.
SUPPLEMENTARY PROVISIONS
Article 57.
All documents and supporting materials submitted by
interested parties to SETC shall be in Chinese, and be made in 5
originals, together with three correspondent electronic copies
(computer floppy disc or optical disc).
Article 58.
The official language used in SETC’s investigations of
injury to industry and its determinations shall be the common
language specified by the state administrative department of
language. All documents, materials and information shall be
submitted by interested parties in that language. Materials in
another language shall be submitted with the original text
accompanied by a translation into standard Chinese, the latter
document prevailing over the former. Materials originating in
another language with no translation shall not be considered as
valid and legally acceptable materials.
Article 59.
SETC is responsible for the interpretation of these
Rules.
Article 60.
These Rules shall become effective as of 15 January 2003.
RULES ON PUBLIC HEARINGS WITH REGARD TO
INVESTIGATIONS OF INJURY TO INDUSTRY
Article 1. With a
view to regulating the activities of public hearings in
investigations of injury to industry and to protecting the legal
rights and interests of interested parties with respect to the
public hearings, these Rules are formulated in accordance with
the Regulations of the People’s Republic of China on
Anti-dumping, the Regulations of the People’s Republic of China
on Countervailing Measures and the Regulations of the People’s
Republic of China on Safeguards.
Article 2. These
rules shall apply to the public hearings held by the State
Economic and Trade Commission (hereinafter referred to as
“SETC”) in the course of investigations on injury to industry in
anti-dumping, countervailing duty or safeguard cases.
Article 3. The
Investigation Bureau of Injury to Industry of SETC shall
undertake the organisation of public hearings on investigations
of injury to industry.
Article 4. The public
hearings on investigations of injury to industry shall be
conducted in conformity with the principles of openness,
fairness and equity, and shall be held in public except for
those hearings involving state or commercial secrets.
Article 5. A public
hearing on investigations of injury to industry may be held upon
request for it with respect to injury to industry and the causal
link from the petitioners, defendants, or any other interested
parties subject to anti-dumping, countervailing duty or
safeguard investigations, or where SETC deems it necessary.
Article 6. A written
application for a public hearing shall be submitted to SETC
where the petitioners, defendants, or any other interested
parties subject to anti-dumping, countervailing duty or
safeguard investigations apply for hearing.
The application for public
hearings on investigations of injury to industry shall include
information such as the applicant’s name, address, relevant
contact persons and contact details, the subjects to be heard as
well as their facts and grounds.
Article 7. SETC shall
organise a public hearing in respect of investigations of injury
to industry, and shall notify relevant interested parties of
information in that regard such as the decision to hold a public
hearing, the subjects to be heard, the time and place of the
hearing, and relevant requirements, by means of a public notice
or written notices 20 days before commencement of the hearing.
Article 8. Interested
parties shall, within 15 days following the date of publication
of the notice or issue of written notices for the public hearing
on investigations of injury to industry, register with SETC in
accordance with the specified requirements and submit a summary
of the presentation and relevant supporting materials for the
public hearing, which shall be in the common language and be
made in 10 originals.
Article 9. The
parties with respect to the public hearing are those who have
registered with SETC for participating in the public hearing,
including the petitioners for anti-dumping, countervailing duty
or safeguard investigations, the defendants, and any other
interested parties.
Article 10. The parties with respect to the public hearing may
apply for postponement of the hearing 10 days before the hearing
where justified; it shall be for SETC to decide whether to allow
the postponement.
Article 11. In normal
circumstances a public hearing is presided by 3 to 5 hearing
officers, of whom one acts as the chief hearing officer.
Article 12. In any of
the following circumstances, a hearing officer of the public
hearing shall voluntarily withdraw from holding the hearing,
while any interested parties are entitled to require the
withdrawal of the said officer:
(1)
where the hearing officer is a close relative of
the legal representative of any interested parties or other
authorised representative of any interested parties of the case
in question;
(2)
where the hearing officer has a specific
interest in the case in question;
(3)
where the hearing officer is involved in certain
other relations with any interested parties, which may prejudice
a fair hearing.
Where an interested party
requires the withdrawal of a hearing officer, the request shall
be made in a written form
together with an explanation of the reasons thereof. It shall be
for SETC to decide whether or not to conduct the withdrawal of
the officer concerned.
Article 13. The
hearing officers shall exercise the following functions and
powers during the hearing:
(1)
to chair the hearing;
(2)
to identify the interested parties or
their representatives;
(3)
to make inquiries to the parties;
(4)
to decide whether to allow the parties to submit
supplementary evidence and whether to conduct an appraisal of
the evidence that has been
presented;
(5)
to decide on the suspension, postponement or
termination of the hearing;
(6)
to ensure that the hearing is properly
conducted, and to prevent or eliminate any behaviour that
contravenes the proper conduct of the hearing;
(7)
to decide on other matters during the course of
the hearing.
Article 14. The legal
representative of the parties or the person
mainly
responsible for the parties may participate in the
hearing by himself. The parties in question may also empower an
authorised representative to participate in the hearing. Where
an authorised representative participates in the hearing, a
Power of Attorney with respect to the hearing shall be submitted
to SETC at the time when the authorised representative registers
with SETC for the hearing.
Article 15. The
parties with respect to the public hearing shall undertake the
following obligations:
(1)
to arrive in time at the specified place for the
hearing;
(2)
to conform to the rules of the hearing and to
follow the instructions of the hearing officers;
(3)
to make truthful reply to the inquiry addressed
by the hearing officers;
(4)
to undertake the responsibility of providing
evidence to support the arguments that have been submitted.
Article 16. Prior to
the commencement of the public hearing, the hearing officers
shall firstly identify the interested parties and
the qualification of the
authorised representative, set out the rules of the hearing, and
inform the interested parties of their rights and obligations.
Article 17. The public
hearing shall be conducted in accordance with the following
procedure:
(1)
the chief hearing officer announces the
commencement of the hearing, and presents the background to the
case;
(2)
the applicant presents the facts and grounds on
which the application for the public hearing is based;
(3)
the parties make their presentations;
(4)
the parties make their final statements;
(5)
the chief hearing officer announces the
closure of the hearing.
Article 18.
Authorities of anti-dumping, countervailing duty and safeguard
investigations of injury to industry shall collect further
information at the hearing, and provide the interested parties
with the opportunity to present their views and submit
supporting materials.
Article 19.
Presentations at the public hearing shall be recorded by a
written transcript which shall
be signed or sealed by the interested parties. In the
circumstances where a party refuses to sign or seal the
transcript, the hearing officers shall record such a fact into
the written transcript of the
hearing.
Article 20. A written
version of the oral presentations made by the parties at the
public hearing shall be submitted to SETC within 10 days after
the date of the completion of the hearing and shall be regarded
as the prevailing materials. Relevant supplementary supporting
materials, if any, shall also be submitted to SETC within 10
days after the date of the completion of the hearing.
Article 21. In any of
the following circumstances, the public hearing shall be
suspended:
(1)
the applicant of the hearing fails to
participate in the hearing due to
force majeure;
(2)
other circumstances justifying the suspension of
the hearing.
Article 22. Where the
reason for the suspension of the hearing
ceases to exist, the hearing
shall be resumed.
Article 23. In any of
the following circumstances, the public hearing shall be
terminated:
(1)
the applicant of the hearing has withdrawn its
application;
(2)
the anti-dumping, countervailing duty or
safeguard investigation has been terminated;
(3)
other circumstances justifying the termination
of the hearing.
Article 24. Where any
of the circumstances for suspending or terminating the public
hearing as provided in Article 21 and Article 23 exist, it shall
be for SETC to decide whether or not to suspend or terminate the
hearing in the case where the hearing officers have been not yet
appointed; after the hearing officers are appointed, it shall be
for them to make a joint decision thereon.
Article 25. SETC shall
be responsible for the interpretation of these Rules.
Article 26. These
Rules shall enter into force on January 15, 2003. Rules on
Public Hearings with Regard to Determinations of Injury to
Industry of the State Economic and Trade Commission of the
People’s Republic of China, promulgated by SETC on October 27,
1999, shall be repealed simultaneously.
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【发布单位】商务部
反倾销产业损害调查规定
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| Copyright Notice® All Rights Reserved By Jiangyu Wang |