 WORLD TRADE  
ORGANIZATION  G/ADP/W/441 
6 October 2004 
 (04-4174) 
Committee on Anti-Dumping Practices Original:   English 
   
TRANSITIONAL REVIEW MECHANISM PURSUANT TO 
SECTION 18 OF THE PROTOCOL ON THE ACCESSION 
OF THE PEOPLE'S REPUBLIC OF CHINA 
 
Questions from the United States
 
 
 
 The following communication, dated 5 October 2004, is being circulated at the request of the Delegation of the United States.  
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Notifications and Related Matters 
 
1. Since October 2003, China has issued, revised or  repealed various laws, regulations and rules 
relating to its anti-dumping practice.  In responses to this Committee, including G/ADP/Q1/CN/40, 
China appears to have identified some but not all of these laws, regulations and rules.   
 
(a) Please list all laws, regulations and rul es relating to China’s anti-dumping practice 
that are currently in force, and for each  such law, regulation and rule include 
appropriate citation to its date of issuance and date of publication in the official 
journal. 
 
(b) For those laws, regulations and rules that  have not been notified to the Committee, 
including the Foreign Trade Law , revised on 6 April 2004, and the Anti-Dumping 
Regulations , revised on 31 March 2004, please indicate when China will make the 
notification required by Article 16.5 of the Anti-Dumping Agreement. 
 
(c) For each of the laws, regulations and  ru les relating to China’s anti-dumping practice 
that have been repealed since October 2003,  please identify the law, regulation and/or 
rule that replaced it and explain the changes made. 
 
2. Please describe the division of responsibility between the Ministry of Commerce (MOFCOM) 
and the Customs General Administration with regard to the administration of anti-dumping measures.   
 3. Please list the offices of the Customs General Administration that are involved in the assessment of anti-dumping duties and describe thei r functions.  Please also identify the laws, 
regulations and/or rules that set forth these functions , and indicate when China will notify them to this 
Committee.  4. On 27 November 2002, the Committee on Anti-Dumping Practices adopted a Recommendation Concerning the Time-Period to be  Considered in Making a Determination of 
Negligible Import Volumes for Purposes of Arti cle 5.8 of the Agreement (G/ADP/10).  The 
Committee adopted this Recommendati on pursuant to the mandate from Ministers in paragraph 7.3 of 
the Decision on Implementation-Related Issues a nd Concerns adopted at Doha.  Under the 
Committee's Recommendation, Members were required to notify to the Committee within 60 days G/ADP/W/441 
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which of the time periods set out in the Recommenda tion they will use in anti-dumping investigations 
thereafter.  The notifications by Members to the Committee to date on this issue are available on the 
WTO website at G/ADP/N/100.  To the United States’  knowledge, and based on a review of the WTO 
website, it appears that China has still not made any such notification to the Committee as required by 
this Recommendation, even though China is now  one of the most active users of anti-dumping 
measures in the WTO.  Please indicate when Chin a will submit this required notification to the 
Committee.     
Transparency 
 
5. On 25 June 2002, China issued the Measures for Accessing the Anti-Dumping Public 
Information Access Room (Provisional) .  Are these Measures still in force, and do they apply to both 
MOFCOM’s Bureau of Fair Trade for Imports and Exports and MOFCOM’s Investigation Bureau of 
Industry Injury?    
6. Please describe the current status of MOFC OM’s public reading room(s) for anti-dumping 
investigations and reviews.  Does MOFCOM main tain a publicly available index of all documents, 
both public and confidential, for anti-du mping investigations and reviews? 
 7. What is the average length of time for MOFCOM  to make available documents relating to the 
dumping phase of anti-dumping investigations?  
 
8. Please describe the process for accessing info rmation relating to the injury phase of anti-
dumping investigations.  What is the average length of time for MOFCOM to make available 
documents relating to the injury phase of anti-dumping investigations?   
9. The United States has been unable to obtain or locate on the public record adequate non-
confidential versions of all info rmation submitted to, or generated by, MOFCOM with regard to both 
the calculation of dumping margins and injury determinations, for the following ongoing cases 
involving US exporters:  Chloroform; Ethanolamine;  Optical Fiber; Chloroprene Rubber; Hydrazine 
Hydrate; Unbleached Kraft Linerboard; Dime thyl Cyclosiloxane; Ethylene-Propylene-Non-
Conjugated Diene Rubber; and Furan Phenol.  
 
(a) Please indicate when this information will be  made available to interested parties, as 
envisioned in Article 6 of the Anti-Dumping Agreement? 
  (b) Please indicate when this informati on will be placed on the public record. 
 
10. What steps is MOFCOM taking to ensure th at adequate non-confidential versions of all 
information submitted to, or generated by, MOFCOM in  the future are made available to interested 
parties on a timely basis, as envisioned in Article 6 of the Anti-Dumping Agreement?  
Judicial Review 
 11. In paragraph 152 of its Working Party Repor t, and pursuant to Article 13 of the Anti-
Dumping Agreement, China took on the obligation to provide judicial review with regard to various 
anti-dumping proceedings.  Although not notified to this Committee, the Provisions of the Supreme 
People's Court on Certain Issues Concerning the Ap plicability of Laws in the Hearing and Handling 
of Anti-Dumping Administrative Cases appear to address judicial review of anti-dumping 
investigations generally.    
(a) Please indicate when China will notif y these Provisions to the Committee. 
  G/ADP/W/441 
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(b) Please identify the court(s) that w ill be conducting reviews in the anti-dumping 
context, and describe in detail the procedures that must be followed by an interested 
party when pursuing judicial review. 
 
Enquiry Point  
 12. In paragraph 2(C)(3) of its Protocol of Acce ssion, China agreed to establish or designate an 
enquiry point relating to all laws, regulations and other measures pert aining to or affecting trade in 
goods, services, TRIPS or the control of fore ign exchange.  Based on our understanding of 
information which China has previously supplied this Committee, this enquiry point is supposed to be 
accessible at http://www.chinaw to.gov.cn.  However, this link does not appear to be working at this 
time.  Please provide up-to-date information on the enquiry point, and explain the process by which a 
Member, enterprise or individual can ask a question a nd receive a response through the enquiry point.   
 
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