|
Provisional Rules of Ministry of Foreign Trade & Economic
Cooperation on
Access to Non-Confidential Information In Anti-dumping Investigations
Article 1 With a view to ensuring fairness, justice and openness
in anti-dumping investigations, these Rules are formulated
in accordance with provisions of the "Anti-dumping Regulation
of the People's Republic of China".
Article 2 The Ministry of Foreign Trade and Economic Co-operation
(hereinafter referred to as "MOFTEC ") delegates
the Bureau of Fair Trade for Imports and Exports to be responsible
for implementation of these Rules.
Article 3 Access to non-confidential information provided
for in these Rules refers to that the interested parties relevant
to an anti-dumping case go to a place designated by MOFTEC
to search, read, transcribe and copy the non-confidential
information and materials submitted by other interested parties
with regard to the anti-dumping case in question.
Article 4 MOFTEC permits all interested parties to have an
access to all non-confidential information relating to the
case under investigation.
Article 5 The accessible non-confidential information specified
in Article 4 of these Rules includes:
Non-confidential version of the application for initiation
of an anti-dumping investigation submitted by the applicant;
Non-confidential version of the responses to the questionnaire
and supplementary responses submitted by foreign responding
exporters and producers;
Other non-confidential information submitted to MOFTEC by
interested parties;
Requests made to MOFTEC by relevant interested parties, including
but not limited to, request for extension of the time period
for submission of the response to the questionnaire, request
for adding of countries (regions) to be investigated, request
for retroactive levy of anti-dumping duties, and requests
for price undertakings, public hearings, reviews, etc.;
Non-confidential information contained in the views and comments
presented by other interested parties with respect to the
requests mentioned in the above Paragraph of this Article;
MOFTEC's reply to the requests mentioned in Paragraph 4 of
this Article.
Summary of meetings between MOFTEC and relevant interested
parties;
Public Notice and notifications issued by MOFTEC;
Summary of on-the-spot verification carried out by MOFTEC;
Other non-confidential information MOFTEC considers accessible
to the interested parties.
Article 6 When submitting relevant information to MOFTEC,
interested parties shall mark it as non-confidential or confidential.
If the information provided by interested parties is confidential,
the interested parties may apply for confidentiality treatment
for such confidential information, and shall submit a non-confidential
summary thereof. This summary shall be incorporated in the
non-confidential version of the submission.
In case information is not marked as confidential, MOFTEC
may consider it as non-confidential, and make it accessible
to other interested parties.
Article 7 Each interested party may, during the whole process
of investigation of a case, get access to the non-confidential
information in MOFTEC at MOFTEC's working time.
Article 8 Before taking the access to the non-confidential
information, the interested party shall contact in advance
the relevant officials of MOFTEC and address the content and
scope of the information they intend to get access to.
Article 9 While searching the non-confidential information,
the interested party shall present its identity card or other
documents indicating its identity to relevant officials of
MOFTEC and shall make registration.
Article 10 Interested parties may transcribe and copy the
non-confidential information they have searched, but shall
not borrow it out.
Article 11 MOFTEC shall be responsible for interpretation
of these Rules.
Article 12 These Rules shall enter into force from the date
of 15 April 2002.
|