Order of the Ministry of Commerce
No. 19 The Provisions on Information Consulting and Disclosure of Industrial Damage Investigation, which were adopted at the 5th ministerial August 4, 2006 Provisions on Information Consulting and Disclosure of Industrial Damage Investigation Article 1 With a view to guaranteeing the industrial damage investigation to be carried out in an open, fair and impartial manner, and safeguarding Article 2 The information consulting and disclosure of industrial damage investigation in anti-dumping and countervailing activities shall Article 3 The power to interpret these Provisions shall remain with the Ministry of Commerce of the People’s Republic of China. Article 4 The interested parties concerned as referred to in these Provisions include: (a) the producer, export operator and domestic import operator of the investigated products in a foreign country (region), or the industrial (b) the government of the export country (region) of the investigated products; (c) the producer of domestic identical products or the industrial organization or any other organization of the investigated products; (d) others. Article 5 The term “information consulting” as mentioned in these Provisions refers to activities that all the interested parties concerned Article 6 The term “information disclosure” as mentioned in these Provisions refers to the basic facts based on which the ruling on a case Chapter 2 Information Consulting Article 7 All the interested parties concerned may consult the public information related to industrial damage investigation, with the exception Article 8 The public information as prescribed in Article 7 of these Provisions shall include: (a) the open text or non-confidential summary of an application and the attachment(s) thereof, (b) the open text or non-confidential summary of the application materials for the registration of the interested parties concerned in (c) the open text or non-confidential summary of the questionnaires and supplementary questionnaires on industrial damage investigation (d) the open text or non-confidential summary of the other application materials as provided by the interested parties concerned to the (e) the comments and opinions of the relative interested parties concerned on the application for confidential information and the open (f) the open text or non-confidential summary of the cahier or summary of such meetings as the hearing of industrial damage investigation; (g) announcements and circulars as issued by the Ministry of Commerce, including the announcements on case fling, preliminary ruling (h) the open text or non-confidential summary of the disclosure materials of the basic facts based on which the Ministry of Commerce (i) other materials that the Ministry of Commerce have acquired or formulated during the process of industrial damage investigation. Article 9 Where any information cannot be obtained through open channels, and if the publication of it will make other competitors obtain material As regards any information that is confidential in nature or is requested by the interested party concerned as confidential, if the Article 10 Any relative information to the Ministry of Commerce provided by any interested party concerned shall be indicated as open or confidential. Article 11 When providing confidential information, any interested party concerned shall give its application ground in written form and the In the open text or non-confidential summary, the material content thereof shall be illustrated in a reasonable manner. Under special Article 12 Where an interest party concerned fails to provide any open text or non-confidential summary, or the open text or non-confidential Article 13 Where the Ministry of Commerce considers that the grounds for the application for confidentiality filed by an interested party concerned Article 14 The Ministry of Commerce shall submit one copy of the open text or non-confidential summary of the aforesaid materials to the public The open text or non-confidential summary of the relative information as formulated or acquired by the Ministry of Commerce and prescribed Article 15 During the process of industrial damage investigation, the interested parties concerned may go to the consulting office to look up The relative interested parties concerned may also consult the relative public information within 6 months after the final ruling Article 16 When looking up public information, an interested party concerned shall show the relative papers that can prove its identity, and Article 17 An interested party concerned may look up, read, extract and copy the relative public information, but shall not be allowed to take Chapter 3 Information Disclosure Article 18 The Ministry of Commerce shall, within a reasonable time limit before the final ruling on a case is made, notify the interested parties Article 19 In general, the basic facts as prescribed in Article 18 of these Provisions include: (a) the term and formalities for industrial damage investigation; (b) the factors or data based on which the domestic products of the same kind are confirmed; (c) the factors or data based on which the domestic industrial confirmation is made; (d) the facts or date based on which the cumulative appraisal is made; (e) the data on the import quantity (absolute quantity or comparative quantity) of the dumping or subsidized products as well as the (f) the relative economic factors or data on appraising whether the domestic industry is damaged; (g) the factors or data that have further impact on the domestic industry in the relative investigated state (region); (h) the acceptance of the relative information as provided by an interested party concerned, including the utilization and grounds of (i) any other information that may have substantial impact on ruling. Article 20 The Ministry of Commerce shall make an information disclosure before 30 days as of the day when the final ruling is made. Under special Article 21 An information disclosure shall be made in written form, which may be made to all the relative interested parties concerned or the Article 22 After the disclosure of information, an interested party concerned may put forward its comments to the Ministry of Commerce in written Article 23 As regards the comments as put forward by the interested parties concerned within the prescribed time limit, the Ministry of Commerce Chapter 4 Supplementary Provisions Article 24 The information consulting and disclosure on industrial investigation damage in respect of case review shall be performed by referring Article 25 The power to interpret these Provisions shall remain with the Ministry of Commerce. Article 26 These Provisions shall go into effect after 30 days as of promulgation. |
Ministry of Commerce
2006-08-04