Codes & Statutes----International Trade
 

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.

 






 
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