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MEASURES FOR CONSULTING PUBLIC INFORMATION ON INDUSTRY INJURY INVESTIGATION

Ministry of Commerce

Measures for Consulting Public Information on Industry Injury Investigation

Ministry of Commerce

October 9, 2004

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

1.

The Consulting Channel

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

2.

The Scope of Public Information Transferred to the Consulting Office

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

The public information includes:

(1)

The public texts of applications for industry injury investigation;

(2)

The information about the interested parties applying for taking part in the activity of industry investigation;

(3)

The notices on the establishment 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 evidence materials that can be made public;

(5)

The public text of the answered papers of the questionnaire of industry injury investigation;

(6)

The materials or evidence materials obtained by the investigating organ in the course of the on-site inspection that can be made public;

(7)

The public texts of the records or summaries about the statement conferences of applicants, foreign manufacturers, exporters or importers and the argumentation conferences of experts;

(8)

The notice on the industry injury evidentiary hearing; the written materials submitted by the interested parties prior and subsequent to the evidentiary hearing, the open texts or part of the evidence materials that can be made public and the records about the evidentiary hearing;

(9)

The arbitration information that may be brought to the open and part of the correlated comments that may be made public;

(10)

Other materials that may be made public.

3.

The Time for Handing over the Open Information to the Consulting Office

From the day when the announcement of investigation is issued, the Investigating Bureau shall, hand over the open texts or the non-confidential summaries of the written materials to the Consulting Office within 7 working days after receiving them from relevant interested parties. The materials, which are made by the investigating organ and may be made public, shall be transferred to the Consulting Office within 10 working days after they are formed.

4.

Measures for Consulting Information

During the course of industry injury investigation, any of the interested parties may go to the Consulting Office to consult the public information related to the industry injury investigation of the case. Within the reasonable time 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 to the Investigating Bureau, specifying the consulter, the case and its content, and the searching time. With the permission of the administrative office, the interested party, with effective identity certification of his own, may go to the Comprehensive Office of the Industry Injury Bureau to go through the consultation formalities for records.

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 open information.

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

  Ministry of Commerce 2004-10-09  


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