./.WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/44
G/SCM/Q1/CHN/44
14 May 2004
(04-2157)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal: English
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 AND ARTICLE 32.6 OF THE AGREEMENTS
Additional Follow-Up Questions Posed by the UNITED STATES1
Regarding the Notification of CHINA2
The following communication, dated 13 May 2004, is being circulated at the request of the
Delegation of the United States.
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1. According to China’s responses provided in G/ADP/Q1/CHN/40, we understand that China
recently annulled certain rules promulgated over the last two years concerning its conduct of
antidumping and countervailing proceedings. Please confirm specifically all trade remedy rules that
have been annulled and the date of annulment. When will replacement rules be notified to the WTO?
In addition, what rules will govern China’s anti-dumping and countervailing investigations during the
intervening period?
2. China’s response to question G in G/ADP/Q1/CHN/40 appeared to have omitted several
portions of the question posed by the United States. Specifically,
• What standard is presently utilized to determine if an interested party’s request for a
verification is too late?
• When is the final opportunity for an interested party to request a verification before the final
determination, and how will interested parties be notified of this final opportunity?
• Could China please provide some examples of "other ways to compensate, without infecting
the accuracy of the verdict" other than conducting a verification?
• Could China please provide some examples of "other situations as regulated by law"?
• What factors are considered when determining that "an interested party bears no further
significant evidence"?
3. China’s response to question M in G/ADP/Q1/CHN/40 indicated that any interested party
may contact Investigation Bureau of Injury to Industry (IBII) to obtain all public documents regarding
China’s injury investigations. We have confirmed that IBII has still not established a public reading
room to make available all non-confidential information generated during its injury investigations.
Furthermore, despite repeated requests, IBII has never made any public documents regarding its
current and recently completed injury investigations available to us. Please indicate when China plans
to meet its obligations under the WTO Antidumping Agreement to make available non-confidential
1G/ADP/Q1/CHN/40-G/SCM/Q1/CHN/40, G/ADP/Q1/CHN/41-G/SCM/Q1/CHN/41 and
G/ADP/Q1/CHN/42-G/SCM/Q1/CHN/42
2G/ADP/N/1/CHN/2 + Suppls.1 and 2 and G/SCM/N/1/CHN/1 + Suppls.1 and 2.G/ADP/Q1/CHN/44
G/SCM/Q1/CHN/44
Page 2
documents to all interested parties during the course of an investigation? In addition, please specify
IBII’s exact procedures for obtaining public injury investigation information.
4. China stated in its reply to QB from the United States in G/ADP/Q1/CHN/42 that third
country sales data could be used in determining normal value in cases of a refund application.
However, the question posed by the United States did not make any reference to refund reviews, but
rather was referring to investigations. We note that Article 16 of the Provisional Rules of Ministry of
Foreign Trade and Economic Cooperation on Initiation of Antidumping Investigations does not
appear to be limited in application to refund reviews. Therefore, can China please explain why it
would automatically require parties to report data on sales to third countries in cases where China
already determined this data would not be utilized under the conditions stated in Article 2.2 of the
ADA?
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