Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Economic Relations and Trade of the People's Republic of China

No.3

In accordance with the Antidumping Regulation of the People's Republic of China, the Temporary Rules of the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China on the Hearing of Antidumping Investigations are hereby promulgated and shall enter into force on January 22, 2002.

Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng

January 16, 2002

Interim Rules on the Hearing of Antidumping Investigations

Article 1

In order to guarantee the fairness and justice of antidumping investigations and to protect the lawful rights and interests of the interested parties, these Rules have been enacted according to the relevant provisions of the Antidumping Regulation of the People's Republic of China.

Article 2

The Temporary Rules are applicable to the hearing by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) on antidumping rulings in the antidumping investigation procedure.

Article 3

The Bureau of Import and Export Fair Trade under the MOFTEC Cooperation (hereinafter referred to as the BIEFT) shall be responsible for the concrete organization of hearings on antidumping ruling.

Article 4

A hearing on antidumping ruling shall be held publicly; but those involving secrets of the State, commercial secrets or personal privacy may be held in other forms upon the decision of the BIEFT on the basis of the applications of the interested parties.

Article 5

The BIEFT shall hold a hearing on the basis of the application of an interested party; and the BIEFT may hold a hearing by itself when it considers necessary.

Article 6

The BIEFT shall notify the interested parties in advance as for the hearings held by itself, and shall apply the relevant provisions of these Temporary Rules.

Article 7

The interested parties as referred to in these Rules shall be the applicants of antidumping investigations, the known export operators and import operators, the governments of the export countries (regions) and other interested organizations and individuals.

Article 8

Where an interested party demands the holding of a hearing, it shall file a written application to the BIEFT.

The following contents shall be included in the application form:

1)

name, address and relevant information of the applicant for hearing;

2)

matters applied;

3)

reasons for application.

Article 9

The BIEFT shall decide to hold a hearing within 15 days from receiving the application from the interested party, and shall notify all the interested parties including the applicant for the hearing.

Article 10

The following contents shall be included in the notification of the BIEFT on the decision of holding a hearing:

1)

decision to hold the hearing;

2)

reasons for the decision to hold the hearing;

3)

time and place of registration of the interested parties before the hearing and the relevant requirements;

4)

other matters.

Article 11

The interested parties shall, after receiving the notification on decision of holding a hearing, register with the BIEFT according to the contents of the notification.

Article 12

The BIEFT shall, within 20 days from the deadline determined in the notification on decision of holding a hearing, make the decision on the time and place for holding the hearing, the president of the hearing and the agenda of the hearing, etc., and shall notify the registered interested parties.

Article 13

The president of a hearing shall exercise the following powers in the hearing:

1)

presiding over the hearing;

2)

confirming the identities of the attendants of the hearing;

3)

keeping the order of the hearing;

4)

raising questions to the interested parties;

5)

deciding whether to allow the interested parties to supplement evidence;

6)

deciding to suspending or terminating the hearing;

7)

other matters needed to be decided in the hearing.

Article 14

An interested party participating in a hearing may send its legal representative or principal to attend the hearing, or entrust 1 to 2 agents to attend the hearing.

Article 15

An interested party participating in a hearing shall bear the following obligations:

1)

attending the hearing at the designated place on time;

2)

abiding by the disciplines of the hearing and conforming to the arrangements of the president of the hearing.

Article 16

A hearing shall be held according to the following procedures:

1)

The president of the hearing announces the commencement of the hearing, and readouts the disciplines of the hearing;

2)

Verifying the attendants of the hearing;

3)

The interested parties make the statements;

4)

The president of the hearing inquires the interested parties;

5)

The interested parties make their final statements;

6)

The president of the hearing announces the end of the hearing.

Article 17

A hearing aims at offering an opportunity for the interested parties to fully state their opinions, and no debate procedure will be arranged.

Article 18

Minutes shall be taken for hearings, and the president of hearing, the recorder of the minutes and the interested parties participating the hearing shall put their signatures or put on their seals on the spot; where any interested party refuses to sign the name or seal, the president of the hearing shall indicate the relevant information in the minutes of the hearing.

Article 19

In any of the following situations, a hearing may be postponed or cancelled upon the decision of the BIEFT:

1)

The applicant of hearing encounters any event or action of force majeure, and has already submitted a written application for postponing or cancellation of the hearing;

2)

The antidumping investigation terminates;

3)

Other matters entailing the postponing or cancellation.

Article 20

After the causes for postponing the hearing eliminate, the BIEFT shall resume the hearing, and notify the registered interested parties.

Article 21

The form of notification as referred to in these Temporary Rules shall be the announcements made by the MOFTEC; and the BIEFT may adopt other forms under special circumstances.

Article 22

The working language for the hearing shall be Chinese.

Article 23

The power to interpret these Rules shall remain with the MOFTEC.

Article 24

These Rules shall enter into force on the day of promulgation.