MOFCOM Decree No.2 of 2018 Rules for Hearings in Anti-dumping and Countervailing Investigations

Date: 2018-04-20 07:17:06, Source: MOFCOM, Today/Total Visits : 0/83

The Rules for Hearings in Anti-dumping and Countervailing Investigations, which have been examined and adopted during the 111th Administrative Meeting of the Ministry of Commerce on March 14, 2018, are hereby published and shall take effect as of May 4, 2018.


Minister of Commerce of PRC: Zhong Shan
April 4, 2018


Rules for Hearings in Anti-dumping and Countervailing Investigations

Article 1 The Rules are formulated in accordance with the Anti-dumping Regulations of the People’s Republic of China and the Countervailing Regulations of the People's Republic of China, in order to standardize the hearing proceedings for anti-dumping and countervailing investigations and ensure fair and equitable anti-dumping and countervailing investigations.

Article 2 The Rules shall apply to hearings held by the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") during the proceedings of investigations in anti-dumping and anti-countervailing cases.

Article 3 The Investigation Authority may require a hearing to offer all interested parties opportunities to meet with opposing interests so as to state their opposing opinions and present counter-arguments.
If deemed necessary, the Investigation Authority may decide to hold a hearing at its sole discretion.

Article 4 An interested party (including the government of an exporting country (region) subject to countervailing investigations) as stipulated in Article 19 of the Anti-dumping Regulations of the People's Republic of China and Article 19 of the Countervailing Regulations of the People's Republic of China may apply for a hearing.

Article 5 An interested party applying for a hearing before the preliminary ruling on a case shall submit a written application for such hearing to the Investigation Authority within four months from the date of case-filing of investigations.

An interested party applying for a hearing after the preliminary ruling on a case shall submit a written application for such hearing to the Investigation Authority within thirty days from the date of announcement on the preliminary ruling on such case.

Article 6 A written application for a hearing shall contain:

(1) The name, address, contact information, and other relevant information of the applicant;
(2) Subject matter of the application; and
(3) Facts and reasons on which the application is based.

Article 7 The Investigation Authority shall make a decision on whether to hold a hearing within fifteen working days upon receipt of the written application submitted by an interested party.

Article 8 The Investigation Authority shall consider the need for confidential treatment and the convenience of the parties involved when holding a hearing.

Article 9 Where a written application does not comply with Article 6 hereof, or the Investigation Authority deems it unnecessary to hold a hearing, or holding a hearing will severely obstruct an ongoing investigation, the Investigation Authority may decide not to hold a hearing.

Article 10 Where the Investigation Authority decides not to hold a hearing, it shall notify the applicant of such decision in writing, stating the reasons.

Where the Investigation Authority decides not to hold a hearing, it shall offer any interested party an opportunity in any other way to express opinions orally, provided that there is a justifiable reason to do so as deemed by the Investigation Authority.

Article 11 Where the Investigation Authority decides to hold a hearing, it shall notify all interested parties of such decision by proper means including a written notice, online announcement, or any other appropriate means, and deliver such decision to the Trade Remedy Public Information Room of the Ministry of Commerce.

Article 12 The notice to hold a hearing issued by the Investigation Authority shall contain the following:

(1) Reasons for holding the hearing;
(2) Subject matter of the hearing; and
(3) Deadline and way for any interested party to register to attend the hearing.

Article 13 Any interested party complying with the deadline and the way of registration to attend a hearing as provided for by the Investigation Authority shall have the right to attend the hearing. No interested party is obligated to attend a hearing. Absence from a hearing shall not jeopardize the legitimate right of any interested party to state its opinions and to make its arguments in other ways to the Investigation Authority.

Article 14 Any interested party registering to attend a hearing shall submit a list of its attendees to the Investigation Authority before the prescribed deadline.

Article 15 Any interested party registering to attend a hearing and requesting to speak at the hearing shall submit a summary of its statements before the prescribed deadline by the Investigation Authority, and the Investigation Authority shall deliver such summary of statements to the Trade Remedy Public Information Room of the Ministry of Commerce for reference by all interested parties.

Article 16 The Investigation Authority shall notify all interested parties registering to attend a hearing of the way, time, and venue for holding the hearing, as well as the agenda of the hearing and other related matters within a reasonable period before the date of the hearing.

Article 17 Any interested party attending a hearing shall observe the rules of the hearing, and the person presiding over the hearing (the "presider") shall have the right to warn or call to stop or may order to leave the hearing if necessary, anyone in breach of the rules.

Article 18 Any interested party speaking at a hearing shall make statements relevant to the subject matter of the hearing, and the presider of the hearing shall have the right to stop anyone making a statement beyond the scope of the subject matter of the hearing.

Article 19 Any interested party shall truthfully answer any question directed at it by the presider of the hearing.

Article 20 Any interested party speaking at a hearing shall submit a written material regarding its statements at the hearing to the Investigation Authority before the required deadline and in a required way by the Investigation Authority after the conclusion of the hearing, and the Investigation Authority shall in turn deliver such written material to the Trade Remedy Public Information Room of the Ministry of Commerce for reference by all interested parties. 

If any interested party fails to submit its oral statements at a hearing in writing in violation of the preceding paragraph, the Investigation Authority may choose not to take into consideration the oral statements mentioned above.

Article 21 The working language for hearings shall be Chinese. Anyone who chooses to speak another language shall have its statements translated by an interpreter, and the translated version of the statements shall be taken as final.

Article 22 The Rules shall be interpreted by the Ministry of Commerce.

Article 23 The Rules shall come into force as of May 4, 2018. The Interim Rules on the Hearing of Anti-dumping Investigations (Order of Ministry of Foreign Trade and Economic Cooperation [2002] No.3), the Interim Rules on the Hearing of Counter-vailing Investigations (Order of Ministry of Foreign Trade and Economic Cooperation [2002] No.10) and the Rules for Hearings in Industrial Injury Investigations (Order of the State Economic and Trade Commission No.44) shall be repealed simultaneously.


Approved by: Department of Commerce of Shandong Province Tel: +86-531-89013333

Supported by:Jinan Maocheng Information Technology Co., Ltd.

Shandong ICP Registered No. 12013505