Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

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

No.11

The Interim Rules on the Hearing of Investigation on Safeguard Measures, examined and adopted at the executive meeting on February 10, 2002, are hereby promulgated, and shall come 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 of the People's Republic of China on the Hearing of Investigation on Safeguard Measures

Article 1

These Rules are enacted in accordance with the relevant provisions in the Regulation of the People's Republic of China on Safeguard Measures in order to ensure the fairness and justness of the investigation on safeguard measures and maintain the lawful rights and interests of the interested parties.

Article 2

These Rules shall be applicable to the hearings held by the Ministry of Foreign Trade and Economic Cooperation in the process of investigating safeguard measures for the purpose of determining the increase of the quantity of imported products and the causality between such increase and the damage thereof.

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 as mentioned in these Rules.

Article 4

The hearings mentioned in these Rules 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. 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 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 investigation of safeguard measures, the governments of the exporting countries (regions), the governments of the countries (regions) of origin, the known export operators and import operators, and other interested organizations and individuals.

Article 8

An interested party 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 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 for a hearing, decide on whether to hold the hearing or not, and shall notify the relevant interested parties in time.

Article 10

The notice of the Import and Export Fair Trade Bureau on deciding to hold a 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 to register before the hearing;

(4)

other matters relating to the hearing.

Article 11

Each interested party shall, after receiving the notice on deciding to hold a 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.

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 to the hearing;

(3)

to maintain the order of the hearing;

(4)

to raise questions to each interested party;

(5)

to decide on whether to permit each interested party to submit supplementary evidence and whether to invite the experts to appraise the evidence brought forth;

(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 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 make their statements;

(4)

the president of the hearing enquires the interested parties;

(5)

the interested parties make their final statements;

(6)

the president announces the close of the hearing.

Article 17

The purpose of the hearing lies in providing opportunities for the investigation organ in further collecting information as well as for each interested party in stating its opinions and in submitting its evidence, therefore, no debate procedure is set up.

Article 18

Records shall be made in the hearing, on which the president of the hearing, the recorder and each interested party participating the hearing shall immediately sign their names or affix their seals. Where an interested party 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 the 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 investigation on safeguard measures is terminated;

(3)

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

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.

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.