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World Trade
Organization
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G/ADP/N/1/CHN/2/Suppl.5
11 January 2007
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(07-0150)
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Committee on Anti-Dumping
Practices
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NOTIFICATIONS OF LAWS AND REGULATIONS UNDER
ARTICLE
18.5 OF THE AGREEMENT
PEOPLE'S REPUBLIC OF
CHINA
Supplement
The
following communication, dated 9 January 2007, is being circulated at
the request of the Delegation of the People's Republic of China.
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Rules of the Supreme
People's Court on Certain Issues Related to Application
of Law in Hearings of
Antidumping Administrative Cases
(Adopted at the 1242nd
Session of the Trial Committee of the
Supreme People's Court
on 11 September 2002)
Pursuant to the Administrative Procedure Law of the People's
Republic of China and other relevant laws, these rules shall be
enacted and construed for People's Court to justly hear antidumping
administrative cases in accordance with law.
Article 1 People's
Court shall, in accordance with law, accept
an administrative action against any of the following
administrative acts in antidumping
proceedings:
(1)
A final determination on dumping and dumping margin,
or injury and the extent of injury;
"
(2)
A decision on whether to impose an antidumping duty,
retroactive imposition of an antidumping duty, reimbursement of an
antidumping duty or, imposition of an antidumping duty on new
exporters;
(3)
The results of an administrative review on the retention,
revision or termination of an antidumping duty or a price undertaking;
(4)
Other actionable administrative acts in antidumping
proceedings according to the law and regulations.
Article 2
An interested party, as defined to be an individual or
organization having legal interests in a specific administrative act
in antidumping proceedings, may commence an action in People's Court
pursuant to the administrative procedure law and other relevant law
and administrative regulations.
For
the purpose of the preceding paragraph, "an interested party" means
any applicant who files a written application to the administering
authority under the State
Council for an antidumping investigation, any exporter or importer
involved in the corresponding antidumping proceedings, or any
other natural person, legal
person and other organization having legal interests thereon.
Article 3 The
defendant of a specific antidumping administrative case shall be an
administering authority under the State Council, who conducts the
contested administrative acts in the corresponding antidumping
proceedings.
Article 4 Other
administering authorities under the State Council may, with their
legal interests in the contested administrative acts in antidumping
proceedings, intervene into the action as the third party.
Article 5 The
following People's Courts have jurisdiction as the courts of the
first instance over an antidumping administrative case:
(1)
An Interim People's Court designated by a specific Superior
People's Court whose territorial jurisdiction covers the location of
the defendant;
(2)
A Superior People's Court whose territorial jurisdiction
covers the location of the defendant.
Article 6 People's
Court shall, in hearing an antidumping administrative case, review
the legality of any factual finding and legal conclusion upon which
the contested administrative act in antidumping proceedings is
based. For the purpose
of such a review, People's court shall base on the administrative
procedural law and other antidumping law and administrative
regulations, and shall also take as reference the regulations and
rules of the ministries and commissions under the State Council.
Article 7
The defendant shall have the
burden of proof for the contested administrative act he has
undertaken in antidumping proceedings.
For this purpose, the
defendant shall furnish the supporting evidence and regulatory
documents on which his administrative act in this regard is
based.
For the purpose of reviewing the legality of the contested
administrative act in antidumping proceedings, People's Court shall
rely on the evidence on record furnished by the defendant to
undertake the contested act.
Any factual material not on record is not admissible, and
shall not be relied on by People's Court to hold lawful the
contested act.
Article 8
The plaintiff shall have the
burden of proof for the facts he has asserted.
Where the evidence offered by the plaintiff is found by
People's court to be relevant, legitimate and authentic through
legal procedure, such evidence may be deemed admissible.
People's Court shall deem inadmissible any evidence submitted
by the plaintiff in the action if, in the preceding antidumping
investigation and upon request by the defendant through legal
procedure, the plaintiff rejects to offer such evidence under no
justifiable grounds, fails to offer the authentic one, or severely
impedes the process of the investigation in other way.
Article 9 The
evidence, available to the administering authorities under the State
Council, shall be deemed sufficient for them to establish a factual
finding for an antidumping investigation where, upon request by the
defendant through legal process, the interested parties reject to
offer certain evidences under no justifiable grounds, fail to offer
the authentic ones, or severely impede the process of the
investigation in other ways.
Article 10
For the purpose of hearing
antidumping administrative cases.
People's Court shall, under the varying conditions, render
the following judgments respectively:
(1)
A judgment to sustain the contested administrative act in
antidumping proceedings, under which the supporting evidence is
sufficient and conclusive, the law and regulations are accurately
applied, and the legal procedure is fully complied with.
(2)
A judgment to annul or partially annul the contested
administrative act in antidumping proceedings, or remand it for the
defendant to make a new determination,
should the contested act be under any of the conditions as
below:
1.
inadequacy of essential evidence;
2.
erroneous application of the law or administrative
regulations;
3.
violation of legal procedure;
4.
absence of authority;
5.
abuse of executive power.
(3)
Any other judgment rendered in accordance with the law and
judicial interpretations.
Article 11
For the purpose of hearing an
antidumping administrative case, People's Court may take, as
reference, the provisions concerning the foreign-related civil
procedures.
Article 12
These rules shall be
effective as of 1 January 2003.
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