The State Economic and Trade Commission Order of the State Economic and Trade Commission, PRC No.44 The Rules on the Hearing of Industry Injury Investigation, which have been examined and adopted at the executive meeting of the State Director of the State Economic and Trade Commission Li Rongrong December 13, 2002 Rules on the Hearing of Industry Injury Investigation Article 1 The present rules are formulated in accordance with the Anti-dumping Rules of the People’s Republic of China, the Countervailing Rules Article 2 The present rules shall be applicable to the hearings of industry injury investigation that are held by the State Economic and Trade Article 3 The responsibility to organize the hearings of industry injury investigation shall remain with the Bureau of Industry Injury Investigation Article 4 The hearings of industry injury investigation shall comply with the principles of openness, impartiality and fairness. All hearings Article 5 Where a petitioner or respondent of an anti-dumping or countervailing investigation or of an investigation on safeguard measures, Article 6 Where a petitioner or respondent of an anti-dumping or countervailing investigation or of an investigation on safeguard measures, The petition for the hearing of an industry injury investigation shall include such contents as the name and address of the petitioner Article 7 Where the SETC intends to hear an industry injury investigation, it shall organize a hearing, and shall, 20 days before the hearing Article 8 The interested party shall, within 15 days as of the day when the announcement on the hearing of the industry injury investigation Article 9 The parties to a hearing include the petitioner and the respondent of the anti-dumping or countervailing investigation or of the investigation Article 10 Where any party to a hearing has a justifiable reason, he may, 10 days before the hearing is held, file a petition for postponing Article 11 The presiders to a hearing shall be usually composed of 3 to 5 persons, including one chief presider. Article 12 Where a presider to a hearing is under any of the following circumstances, he shall voluntarily withdraw, and each interested party (a) he has a relation of near relative with the legal representative or authorized agent of the interested party in the case; (b) he has an interest in the case; (c) he has any other relations with an interested party in the case, which may affect the impartial holding of the hearing. The interested party shall apply for a withdrawal in written form, and state the reasons. Whether the presider is to withdraw shall Article 13 The presiders to a hearing may exercise the following powers during the hearing: (a) to hold the hearing; (b) to confirm the identity of the parties to the hearing or of their agents; (c) to question the parties to the hearing; (d) to decide on whether to permit the parties to the hearing to submit the supplementary evidence, and whether to appraise the produced (e) to decide on whether to suspend, postpone or terminate the hearing; (f) to maintain the hearing order, and to warn or stop the behaviors in violation of the hearing disciplines; (g) other matters which need to be decided during the hearing. Article 14 A party to a hearing may either appoint its legal representative or main responsible persons to attend the hearing, or may authorize Article 15 The parties to a hearing shall bear the following obligations: (a) to arrive at the designated place to attend the hearing on time; (b) to abide by the hearing disciplines, and to obey the arrangements by the presiders; (c) to truthfully answer the presiders’ inquires; (d) to provide the evidence for their assertions. Article 16 Before a hearing is begun, the presiders to the hearing shall first check the identities of the parties to the hearing and the agency Article 17 A hearing shall be held according to the following procedures: (a) the chief presider to the hearing announces the beginning of the hearing, and reads out the cause of the case; (b) the petitioner to the hearing states the facts and causes for the hearing; (c) the parties to the hearing make their statements; (d) the parties to the hearing make their final statements; (e) the chief presider announces the end of the hearing. Article 18 The organ for an industry injury investigation of anti-dumping, countervailing and safeguard measures shall further collect the information Article 19 A record shall be made of the hearing, and shall be signed or sealed by the parties. Where a party refuses to sign or seal on the Article 20 All the oral speeches and statements made by the parties in a hearing shall be subject to the written materials that are submitted Article 21 A hearing shall be suspended under any of the following circumstances: (a) the petitioner to the hearing is unable to attend the hearing due to irresistible causes; (b) other circumstances under which the hearing shall be suspended. Article 22 A hearing shall resume after the causes for its suspension has been eliminated. Article 23 A hearing shall be terminated under any of the following circumstances: (a) the petitioner to the hearing withdraws the petition; (b) the anti-dumping or countervailing investigation or the investigation on safeguard measures is terminated; (c) other circumstances under which the hearing shall be terminated. Article 24 In case of any of the circumstances in Article 21 and Article 23 concerning the suspension or termination of the hearing, whether Article 25 The responsibility to interpret the present rules shall remain with the SETC. Article 26 The present rules shall enter into force on January 15, 2003. The Hearing Rules of the State Economic and Trade Commission of the |
The State Economic and Trade Commission
2002-12-13