Laws of the People's Republic of China

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 Economic and Trade Commission, are hereby promulgated, and shall enter into force on January 15, 2003.

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 of the People's Republic of China and the Rules of the People's Republic of China on Safeguard Measures, and with a view to regulating the hearing activities on industry injury investigation and maintaining the lawful rights and interests of the parties to a hearing.

Article 2

The present rules shall be applicable to the hearings of industry injury investigation that are held by the State Economic and Trade Commission (hereinafter referred to as the SETC) during the procedures on investigating anti-dumping and countervailing cases and cases on safeguard measures as well.

Article 3

The responsibility to organize the hearings of industry injury investigation shall remain with the Bureau of Industry Injury Investigation under the SETC.

Article 4

The hearings of industry injury investigation shall comply with the principles of openness, impartiality and fairness. All hearings shall be held publicly unless any state secret or commercial secret is involved.

Article 5

Where a petitioner or respondent of an anti-dumping or countervailing investigation or of an investigation on safeguard measures, or any other interested party requests the SETC to hold a hearing regarding an industry injury and its causality, or where the SETC considers it necessary to hold a hearing, the hearing of an industry injury investigation may be held.

Article 6

Where a petitioner or respondent of an anti-dumping or countervailing investigation or of an investigation on safeguard measures, or any other interested party requests a hearing to be held, he shall submit a written petition to the SETC.

The petition for the hearing of an industry injury investigation shall include such contents as the name and address of the petitioner to the hearing, the contact person and the method for contacting him, the requested matters and the facts on which they are based, and the reasons thereof, etc..

Article 7

Where the SETC intends to hear an industry injury investigation, it shall organize a hearing, and shall, 20 days before the hearing is held, inform by announcement or written notice the relevant interested parties of such particulars as the decision on holding the hearing, the reason for the hearing, the time and place for holding the hearing, and the relevant requirements, etc..

Article 8

The interested party shall, within 15 days as of the day when the announcement on the hearing of the industry injury investigation is promulgated or the day when the written notice is sent, make registration in the SETC in the stipulated ways, submit an outline of speech for the hearing and the relevant evidential materials in common language with 10 copies of the original.

Article 9

The parties to a hearing include the petitioner and the respondent of the anti-dumping or countervailing investigation or of the investigation on safeguard measures, who have made registration in the SETC to attend the hearing, and the other interested parties.

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 the hearing; whether the petition is to be permitted shall be decided by the SETC.

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 shall have the right to demand his withdrawal:

(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 be decided by the SETC.

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 evidence;

(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 an agent to attend the hearing. If an agent is to attend the hearing, he shall, when making the hearing registration, submit the power of attorney for attending the hearing to the SETC.

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 qualification of the agents, read out the hearing disciplines, and inform the parties of their rights and obligations.

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 in the hearing, and provide each interested party with the opportunities to state his opinions and to submit the evidential materials.

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 hearing record, the presiders to the hearing shall indicate this on the record.

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 to the SETC within 10 days as of the end of the hearing, and the relevant supplementary evidence shall also be submitted to the SETC within 10 days as of the end of the hearing.

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 to suspend or terminate the hearing shall be decided by the SETC before the presiders to the hearing have been determined, or shall be collegially decided by the presiders to the hearing after they have been determined.

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 People's Republic of China on Ordering Industry Injury promulgated by the SETC on October 27, 1999 shall be abrogated simultaneously.