Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Decree of the Ministry of Foreign Trade and Economic Cooperation

No.10

The Interim Rules on the Hearing of Countervailing Investigation, examined and adopted at the executive meeting on February 10, 2002, are hereby promulgated, and shall enter into force on March 13, 2002.

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

February 10, 2002

Interim Rules of the Ministry of Foreign Trade and Economic Cooperation on the Hearing of Countervailing Investigation

Article 1

These Rules are enacted in accordance with the relevant provisions in the Countervailing Rules of the People's Republic of China in order to ensure the fairness and justness of the countervailing investigation and maintain the lawful rights and interests of the interested parties and the governments of the interested countries (regions).

Article 2

These Rules shall be applicable to the hearings held by the Ministry of Foreign Trade and Economic Cooperation in the process of countervailing investigation for adjudication on subsidies.

Article 3

The Import and Export Fair Trade Bureau of the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "the Import and Export Fair Trade Bureau") shall specifically organize the hearings for adjudication on subsidies.

Article 4

The hearings for adjudication on subsidies shall be held publicly. While the hearings involving State secrets, commercial secrets or personal privacy may be held in other ways upon the decision by the Import and Export Fair Trade Bureau.

Article 5

The Import and Export Fair Trade Bureau shall hold a hearing upon the application by an interested party or the government of an interested country (region). The Import and Export Fair Trade Bureau may, when necessary, decide to hold a hearing of its own accord.

Article 6

Where the Import and Export Fair Trade Bureau holds a hearing of its own accord, it shall notify the interested parties and the governments of the interested countries (regions) in advance, and shall apply the relevant provisions in these Rules.

Article 7

The interested parties referred to in these Rules shall be the applicants for countervailing investigation, the known export operators and import operators, and other interested organizations and individuals. The governments of the interested countries (regions) shall be the governments of the exporting countries (regions) or of the countries (regions) of origin.

Article 8

An interested party or the government of an interested country (region) requesting a hearing shall file a written application for such a request to the Import and Export Fair Trade Bureau.

The application shall include the following contents:

(1)

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

(2)

the application items;

(3)

the reason for the application.

Article 9

The Import and Export Fair Trade Bureau shall, within 15 days after the receipt of the written application of an interested party or the government of an interested country (region) for a hearing, decide on whether to hold the hearing or not, and shall notify the relevant interested parties (including the applicant) or the governments of interested countries (regions) in time.

Article 10

The notice of the Import and Export Fair Trade Bureau on deciding to hold the hearing shall include the following contents:

(1)

the decision on holding the hearing;

(2)

the reason for the decision on holding the hearing;

(3)

the time, place and relevant requirements for each interested party or the government of each interested country (region) to register before the hearing;

(4)

other matters relating to the hearing.

Article 11

Each interested party or the government of each interested country (region) shall, after receiving the notice on deciding to hold the hearing, register himself/itself in the Import and Export Fair Trade Bureau in time according to the contents and requirements in the notice, and shall submit a written outline of his/its speaking in the hearing and the relevant evidence.

Article 12

The Import and Export Fair Trade Bureau shall, within 20 days as of the deadline for registration as determined in the notice on deciding to hold the hearing, decide on the time, place, president and agenda of the hearing, and shall notify the interested parties registered and the government of the interested countries (regions).

Article 13

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

(1)

to preside the hearing conference;

(2)

to confirm the identifications of the participants of the hearing;

(3)

to maintain the order of the hearing;

(4)

to raise questions to each interested party or the government of each interested country (region);

(5)

to decide on whether to permit each interested party or the government of each interested country (region) to submit supplementary evidence;

(6)

to decide to suspend or terminate the hearing;

(7)

other matters needed to be decided on in the hearing.

Article 14

Each interested party of a hearing may either have its legal representative or principle responsible person participate the hearing, or entrust 1 to 2 agents to participate the hearing.

Article 15

An interested party or the government of an interested country (region) participating a hearing shall bear the following obligations:

(1)

to be present at the hearing on time and at the designated place;

(2)

to obey the hearing disciplines and the arrangements by the president of the hearing;

(3)

to truthfully answer the questions raised by 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 beginning of the hearing, and reads out the hearing disciplines;

(2)

the president of the hearing checks the participants;

(3)

the interested parties and the governments of the interested countries (regions) make their statements;

(4)

the president of the hearing enquires the interested parties and the governments of the interested countries (regions);

(5)

the interested parties and the governments of the interested countries (regions) make their final statements;

(6)

the president announces the close of the hearing.

Article 17

The purpose of a hearing lies in the provision of opportunities for the investigation organ in further collecting information as well as for the interested parties and the government of the interested countries (regions) in stating their opinions and in submitting their evidence, therefore, no debate procedure is set up.

Article 18

Records shall be made in a hearing, on which the president of the hearing, the recorder and each interested party or the government of each interested country (region) participating the hearing shall immediately sign their names or affix their seals. Where an interested party or the government of an interested country (region) refuses to sign its name or affix its seal, the president of the hearing shall clearly write down the relevant information on the records of the hearing.

Article 19

In case of any of the following circumstances, the Import and Export Fair Trade Bureau may decide to postpone or cancel a hearing:

(1)

the applicant for the hearing meets with events or acts of force majeure, and has submitted the written application for postponing or canceling the hearing;

(2)

the countervailing investigation is terminated;

(3)

other matters for which the hearing should be postponed or cancelled.

Article 20

After the factors for postponing a hearing have been eliminated, the Import and Export Fair Trade Bureau shall immediately resume the hearing, and shall notify the interested parties registered and the governments of the interested countries (regions).

Article 21

The form of the notices mentioned in these Rules shall be the announcement by the Ministry of Foreign Trade and Economic Cooperation, or other forms adopted by the Import and Export Fair Trade Bureau under particular circumstances.

Article 22

The working language used in hearings shall be Chinese.

Article 23

The Ministry of Foreign Trade and Economic Cooperation shall be responsible for the interpretation of these Rules.

Article 24

These Rules shall enter into force on March 13, 2002.