The Regulations for Consultation and Publication of Industrial Injury Investigation Information were adopted by the 5th Ministerial Conference of the Ministry of Commerce on May 17, 2006 and are hereby promulgated and shall be implemented after 30 days as of the day of promulgation.
Minister: Boxilai
August 8, 2006
Regulations for Consultation and Publication of Industrial Injury Investigation Information
Chapter I General Principles
Article 1 For the purposes of ensuring the openness, fairness and justice of industrial injury investigation, safeguarding the legitimate rights and interests of the interested party, these Regulations are formulated in accordance with Anti-dumping Regulations of the People’s Republic of China and Anti-subsidy Regulations of the People’s Republic of China.
Article 2 The activities of consulting and publishing the information relating to industrial injury investigation in anti-dumping and anti-subsidy shall comply with these Regulations.
Article 3 The Ministry of Commerce shall be responsible for the implementation of these Regulations.
Article 4 The interested party in terms of these Regulations include following range：
（1） The producer, export operator, domestic import operator, or the industrial organization of the producer of the product, export operator, import operator or other organization in foreign county (region) of the investigated product;
（2） The government of the export country (region) of the investigated product;
（3） The producer of similar domestic product, or the industrial organization of the product’s producer or other organization;
（4） Others.
Article 5 Information consultation in terms of these Regulations means that all the interested parties of the case may look for, read, make extracts, copy the open information relating to industrial injury investigation in the Open Information Consultation Room of Trade Relief Measures of the Ministry of Commerce (hereinafter referred to as Open Information Consultation Room).
Article 6 Information publication in terms of these Regulations means the Ministry of Commerce, within a rational period before the final arbitration, tells the interested party the basic facts that the arbitration for industrial injury based on.
Chapter II Information Consultation
Article 7 All interested parties may look up the open information relating to industrial injury investigation except for the information prescribed in Article 9 of these Regulations.
Article 8 The open information in terms of Article 7 of these Regulations include:
(1) The open version or un-classified summary of the Application Letter and its appendix;
(2) The open version or un-classified summary of the interested party’s application materials for registering to take part in industrial injury investigation;
(3) The open version or un-classified summary of the answer sheet for industrial injury investigation questionnaire and supplementary questionnaire provided by the interested party;
(4) The open version or un-classified summary of other application materials submitted by the interested party to the Ministry of Commerce during industrial injury investigation, including the application materials for holding hearings on industrial injury investigation, postponing handing over the questionnaire, adjusting the range of the products, removing domestic producers and etc., and the open version or un-classified summary of the opinions and comments put forward by other interested parties on corresponding applications;
(5) The open version or un-classified summary of the comments of corresponding interested party on the application of other interested parties for classified information and the open version or un-classified summary of the classified information provided by them;
(6) The open version or un-classified summary of the minutes or summary of the hearing on industrial injury investigation;
(7) The announcement and circular promulgated by the Ministry of Commerce, including the announcement for filling, initial arbitration and final arbitration. The circular for the decisions on application registration for taking part in industrial injury investigation, delivering questionnaire, on-the-spot verification, holding hearings, sampling investigation and etc.;
(8) The open version or un-classified summary of the published materials of the basic facts that the Ministry of Commerce based on for final arbitration of industrial injury investigation;
(9) Other materials obtained or made by the Ministry of Commerce during industrial injury investigation that can be published;
Article 9 If any information can not be obtained through open channel and once it is published, it will cause the substantive profits to other competitors, or cause substantive harmful effects on the information provider or the information source, or cause other harmful effects, the information shall be regarded as classified one.
Any information being classified in essence or the information the interested party requests to be regarded as classified one, after the interested party gives the proper reasons, the Ministry of Commerce shall handle the information as classified one.
Article 10 When providing corresponding information to the Ministry of Commerce, the interested party shall give clear indication whether the information is classified or un-classified. If there is no indication of it, the Ministry of Commerce shall regard it as un-classified one.
Article 11 When providing classified information, the interested party shall give the reasons for applying for classified information by writing, and provide the open version or un-classified summary of such information simultaneously. If the interested party requests to revise or supplement some content of the provided materials, the open version or un-classified summary of the revised or supplemented content shall also be provided and the explanation for the alternation shall be attached.
The open version or un-classified summary shall express reasonably the substantive content of the classified information. Under special circumstances, after obtaining the approval of the Ministry of Commerce, the interested party is allowed not to provide open version or un-classified summary, but they shall give every reason in writing why they can not provide the open version or un-classified summary.
Article 12 If the interested party does not provide the open version or un-classified summary, or the provided open version or un-classified summary can not express reasonably the substantive content of the classified information, or the interested party has no good reason for applying for not providing the open version or un-classified summary, the Ministry of Commerce may ask them to withdraw the application. If the interested party does not withdraw the application, the Ministry of Commerce may not consider their information unless the Ministry of Commerce can fully confirm from other source that the information is correct.
Article 13 If the Ministry of Commerce does not think that the reasons of the interested party for applying for classified information accord with the requirements of these Regulations, it shall give reasons to the interested party within 7 days from the day of receiving the open version or un-classified summary and make comments on it. If the Ministry of Commerce shall not consider the information provided by the interested party, it shall inform the interested party of it in writing except that the Ministry of Commerce can fully confirm from other source that the information is correct.
Article 14 The Ministry of Commerce shall, within 7 working days after receiving corresponding materials as listed in Article 8 of these Regulations provided by the interested party, submit one copy of the open version or un-classified summary of such information to the Open Information Consultation Room for looking up.
The open version or un-classified summary of other corresponding information as listed in Article 8 of these Regulations made or obtained by the Ministry of Commerce shall, if it is not under special circumstances, usually be sent to the Open Information Consultation Room within 10 days after the documents are formed.
Article 15 During the industrial injury investigation, all interested parties of the case may look up all open information relating to industrial injury investigation within working time in the Open Information Consultation Room.
Within 6 months after the publication of final arbitration, the interested party of the case may also look up corresponding open information.
Article 16 When looking up the open information, the interested party shall show the documents that can prove its identity and make a registration.
Article 17 The interested party may look up, read, make extracts, copy the open information, but shall not bring the original copy of the open information out of the Open Information Consultation Room.
Chapter III Information Publication
Article 18 On the basis of observing the requirements of protecting classified information, within the reasonable period before the final arbitration of the case is made, the Ministry of Commerce shall inform the interested party making the registration of industrial injury investigation and domestic applicant of the basic facts that the final arbitration of industrial injury based on, and inform other interested parties not making the registration that they may also look up relevant published materials in the Open Information Consultation Room.
Article 19 The content of the basic facts in terms of these Regulations usually include:
(1) Industrial injury investigation and the procedures of it;
(2) The factors or data that the certification of domestic similar products bases on;
(3) The factors or data that the certification of domestic industry bases on;
(4) The factors or data that accumulative evaluation certification bases on;
(5) Import quantity of dumped or subsidized products (absolute quantity and, or relative quantity) and the data of the price for import;
(6) Relative economic factors or data that evaluate whether domestic industry will be injured or not;
(7) The factors or data that shows relative investigated country (region) have further affects on domestic industry;
(8) The acceptance of corresponding information provided by the interested party, including it may obtain the use of the best information and its reasons;
(9) Other information that may cause substantive influence on the arbitration.
Article 20 The Ministry of Commerce usually publishes the information 30 days before making the final arbitration. Under special circumstances, if it is not suited to publish some facts in above period, the Ministry of Commerce shall publish it later in the reasonable time before the final arbitration.
Article 21 The information shall be published in writing. The information may be published directly to relative interested party or his representative.
Article 22 After the information is published, the interested party may put forward its comments in writing to the Ministry of Commerce within 10 days.
Article 23 The Ministry of Commerce shall consider the comments provided by the interested party within the time limit. The reasonable content shall be adopted in the final arbitration. If the basic facts that the final arbitration based on is difference therefore, under the circumstances that it does not interfere the normal procedures of the investigation, the Ministry of Commerce shall publish immediately this information, and corresponding interested party may set forth comments on it.
Chapter IV Supplementary Articles
Article 24 The consultation and publication of the information of industrial injury investigation relating to the reviewed case shall be carried out according to these Regulations.
Article 25 The interpretation of these Regulations is vested in the Ministry of Commerce.
Article 26 These Regulations shall come into effect after 30 days as of the day of the promulgation.