Interim Rules for Implementing the World Trade Organization Rulings on Trade Remedy Disputes

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· Document Number:Order No. 2 [2013] of the Ministry of Commerce

· Area of Law: Trade & Commerce Anti-Unfair Competition

· Level of Authority: Departmental Rules

· Date issued:07-29-2013

· Effective Date:07-29-2013

· Issuing Authority: Ministry of Commerce

· Status: Effective

 

Order of the Ministry of Commerce
(No. 2 [2013])
The Interim Rules for Implementing the World Trade Organization Rulings on Trade Remedy Disputes, as deliberated and adopted at the sixth executive meeting of the Ministry of Commerce on July 27, 2013, are hereby issued and shall come into force upon the date of issuance.
Minister Gao Hucheng
July 29, 2013
Interim Rules for Implementing the World Trade Organization Rulings on Trade Remedy Disputes
Article 1 These Rules are adopted to implement the World Trade Organization (“WTO”) dispute rulings on anti-dumping, anti-subsidy and safeguard measures and in accordance with the provisions of relevant laws and administrative regulations.
Article 2 When a WTO dispute resolution panel delivers a ruling requiring that China's anti-dumping, anti-subsidy or safeguard measures be consistent with WTO agreements, the Ministry of Commerce may propose or decide to modify or revoke the anti-dumping, anti-subsidy or safeguard measures in accordance with law, or decide to adopt other appropriate measures.
Article 3 Before a proposal is presented or a decision is made under Article 2 of these Rules, the Ministry of Commerce may re-investigate the relevant case. If the Ministry of Commerce decides to re-investigate, it shall notify the interested parties in such case by issuing an announcement or through other means.
Article 4 Questionnaires, sampling, hearings, on-site inspections and other methods may be adopted for re-investigation.
Article 5 Before re-investigation is concluded, the Ministry of Commerce shall disclose all basic facts that it relies on to interested parties and allow them to present comments and opinions within a reasonable period of time.
Article 6 The Ministry of Commerce may propose that the Customs Tariff Commission of the State Council modify or revoke the anti-dumping duties, anti-subsidy duties, safeguard measure duties and other duties, and the former shall issue announcements according to the decisions of the Customs Tariff Commission.
If the Ministry of Commerce decides to modify or revoke price guarantees, guarantees, quantitative restrictions or other measures, or decides to adopt other appropriate measures, it shall notify the interested parties in such cases by issuing announcements or through other means.
Article 7 When rulings issued in accordance with other trade treaties that China has concluded or acceded to require that China's anti-dumping, anti-subsidy and safeguard measures be consistent with such treaties, the rulings shall be implemented by reference to these Rules.
Article 8 These Rules shall come into force upon the date of issuance.
These Rules shall apply to rulings which are not yet completely implemented upon the entry into force of these Rules.