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Article 1. In order to normalize the hearings on investigation of industrial damages involved in safeguards for certain steel products, these Rules have been formulated in accordance with the Regulations of the People's Republic of China on Safeguards. Article 2. These Rules shall only apply to the hearings on investigation of industrial damages involved in safeguards cases of certain steel products that are held by the State Economic and Trade Commission (hereinafter referred to SETC). Article 3. The SETC shall designate the Bureau of Industrial Damages Investigation to be in charge of organizing the hearings. Article 4. Hearings shall follow the principles of openness, justice and fairness. Except those involving state secrets or commercial secrets, all hearings shall be held publicly. Article 5. Announcement on the holding of a hearing shall be promulgated 20 days before the hearing is held. The interested parties shall, within 15 days from the day of promulgation of the announcement of hearing on industrial damages investigation, register with the Bureau of Industrial Damages Investigation and submit the summary of hearing presentments and other relevant specific materials. Article 6. Domestic steel producers, domestic steel importers, foreign steel producers, foreign steel exporter, domestic steel users, agencies or embassies of foreign governments stationed in China, and other entities and individuals having interest relations with the case may apply for participating in the hearing. Whether to allow participation or presentation in a hearing shall be determined by the Bureau of Industrial Damages Investigation according to the application. The determined name list shall be released on the relevant websites. Article 7. A hearing shall be presided over by 3 to 5 officers, among whom one shall be the chief officer. Article 8. A hearing officer shall exercise the following authorities in the hearing: (1) Presiding over the hearing; (2) Confirming the identities of the interested parties concerned and their agents; (3) Raising questions to the interested parties concerned on the relevant information about the case; (4) Deciding on whether to allow the interested parties to submit the supplementary evidence, or to appraise the evidence that already have been presented; (5) Decided on the discontinuance, suspension or termination of the hearing; (6) Maintaining the order of the hearing, and warning or stopping the acts that violate the hearing disciplines; and (7) Other matters that need to be decided during the hearing. Article 9. The interested parties may let their legal representatives or principals participate in the hearing, either may they entrust their agents to participate in the hearing (only two persons may sign up for each entity). In case an agent participates in the hearing and hasn't submitted the letter of authorization in advance, the agent shall, when registering for the hearing, submit the letter of authorization to participate in the hearing to the Bureau of Industrial Damages Investigation. Article 10. The interested parties concerned shall bear the following obligations: (1) Attending the hearing at the designated place on time; (2) Abiding by the hearing disciplines and complying with the arrangements of the hearing officers; (3) Answering the inquiries by the hearing officers faithfully; and (4) Bearing the burden of producing evidence for his arguments. Article 11. Before the start of the hearing, the Bureau of Industrial Damages Investigation may check the identities of the interested parties concerned and the qualification of the agents. Article 12. A hearing shall follow the procedures as below: (1) The chief hearing officer announces the start of the hearing and readouts the cause of action; (2) The hearing disciplines are readout and the rights are informed to the parties; (3) The interested parties give their statements; (4) The interested parties give their final statements; and (5) The chief hearing officer announces the end of the hearing. Article 13. The hearing is held for the purpose of providing an opportunity for the organ of industrial damages investigation to further collect information and for the interested parties to state their opinions and to submit the evidence, and there is no debate procedure. Article 14. The interested parties shall submit written materials of their vocal presentments and their statements to the Bureau of Industrial Damages Investigation within 7 days from the day of the end of hearing, and shall also submit the relevant supplementary evidence to the Bureau within that period. Article 15. The working language used in a hearing shall be Chinese. Article 16. The power to interpret these Rules shall remain with the Bureau of Industrial Damages Investigation of the SETC. |
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