China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	MEASURES FOR CONSULTING PUBLIC INFORMATION ON INDUSTRY INJURY INVESTIGATION

	(Ministry of Commerce promulgated on October 9, 2004; shall come into force as of October 1, 2004)


SUBJECT : FOREIGN TRADE; INDUSTRY INJURY INVESTIGATION
ISSUING DEPARTMENT : MINISTRY OF COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 10/09/2004
IMPLEMENT DATE : 10/01/2004
LENGTH : 582 words
TEXT :

In accordance with the Anti-dumping Regulation of the People's Republic of China and the Rules on the Anti-dumping Industry Injury Investigation, the measures for consulting public information on industry injury investigation are formulated as follows:

I. CONSULTING CHANNEL

The non-confidential information related to a case of industry injury investigation shall be offered by the Industry Injury Investigation Bureau to the Trade Remedial Measures Public Information Consulting Office of the Ministry of Commerce (hereinafter referred to the Consulting Office), then it shall be offered by the Consulting Office to the interested parties of the case for consultation.

II. THE SCOPE OF PUBLIC INFORMATION TRANSFERRED TO THE CONSULTING OFFICE

The "public information" refers to the non-confidential evidential materials and other written opinions provided by the interested parties to the investigating organ in the course of industry injury investigation, and non-confidential documents, records, notices and summaries formed or obtained through other channels.

The public information includes:

(1) The public texts of applications for industry injury investigation;

(2) The information on the interested parties' applying for participating in the industry investigation activity;

(3) The notice on the formation of an industry injury investigation group;

(4) The public texts of the written opinions offered by the interested parties to the investigating organ and the evidential materials that may be made public;

(5) The public text of the questionnaire of industry injury investigation;

(6) The materials or evidential materials obtained by the investigating organ during the course of on-site inspection that may be made public;

(7) The public texts of the records or summaries of the statement conferences of applicants, the statement conferences of foreign manufacturers, exporters or importers and the experts conferences;

(8) The notice on the industry injury hearing, the written materials submitted by the interested parties prior and subsequent to the hearing, the public texts of or the evidential materials that may be made public and records of the hearing;

(9) The determination information that may be provided to be disclosed and pertinent comments that may be made public; and

(10) Other materials that may be made public.

III. THE TIME LIMIT FOR TRANSFERRING THE PUBLIC INFORMATION TO THE CONSULTING OFFICE

The Investigating Bureau shall, from the day when the announcement of investigation is issued, transfer the public texts or the non-confidential summaries of the written materials submitted by the pertinent interested parties to the Consulting Office within 7 working days. The materials made by investigating organ and may be disclosed shall be transferred to the Consulting Office within 10 working days after they are formed.

IV. MEASURES FOR CONSULTING INFORMATION

During the course of industry injury investigation, any of the interested parties may consult the public information related to the industry injury investigation of the case in the Consulting Office. Within the reasonable time period announced in the final arbitration, any of the interested parties may consult the relevant public information as well.

When an interested party needs to consult the relevant public information, he shall file a written application with the Investigating Bureau, specifying the consulter, case, content and time. Upon permission of the administrative office and the strength of his own identity certification, he may go to the Comprehensive Office of the Industry Injury Bureau to go through the consultation formalities for record.

When an interested party consults the information, he shall abide by all the requirements of the Consulting Office, and may consult, make extracts from and copy the public information.

The measures shall be implemented as of October 1, 2004.