RULES ON PUBLIC HEARINGS WITH REGARD TO INVESTIGATIONS OF INJURY TO INDUSTRY
Article 1. With a view to regulating the activities of public hearings in investigations
of injury to industry and to protecting the legal rights and interests of interested
parties with respect to the public hearings, these Rules are formulated in accordance
with the Regulations of the People's Republic of China on Anti-Dumping, the Regulations
of the People's Republic of China on Countervailing Measures and the Regulations
of the People's Republic of China on Safeguards.
Article 2. These rules shall apply to the public hearings held by the State
Economic and Trade Commission (hereinafter referred to as "SETC") in
the course of investigations on injury to industry in anti-dumping, countervailing
duty or safeguard cases.
Article 3. The Investigation Bureau of Injury to Industry of SETC shall undertake
the organization of public hearings on investigations of injury to industry.
Article 4. The public hearings on investigations of injury to industry shall
be conducted in conformity with the principles of openness, fairness and equity,
and shall be held in public except for those hearings involving state or commercial
secrets.
Article 5. A public hearing on investigations of injury to industry may be
held upon request for it with respect to injury to industry and the causal link
from the petitioners, defendants, or any other interested parties subject to anti-dumping,
countervailing duty or safeguard investigations, or where SETC deems it necessary.
Article 6. A written application for a public hearing shall be submitted to
SETC where the petitioners, defendants, or any other interested parties subject
to anti-dumping, countervailing duty or safeguard investigations apply for hearing.
The application for public hearings on investigations of injury to industry
shall include information such as the applicant's name, address, relevant contact
persons and contact details, the subjects to be heard as well as their facts and
grounds.
Article 7. SETC shall organize a public hearing in respect of investigations
of injury to industry, and shall notify relevant interested parties of information
in that regard such as the decision to hold a public hearing, the subjects to
be heard, the time and place of the hearing, and relevant requirements, by means
of a public notice or written notices 20 days before commencement of the hearing.
Article 8. Interested parties shall, within 15 days following the date of publication
of the notice or issue of written notices for the public hearing on investigations
of injury to industry, register with SETC in accordance with the specified requirements
and submit a summary of the presentation and relevant supporting materials for
the public hearing, which shall be in the common language and be made in 10 originals.
Article 9. The parties with respect to the public hearing are those who have
registered with SETC for participating in the public hearing, including the petitioners
for anti-dumping, countervailing duty or safeguard investigations, the defendants,
and any other interested parties.
Article 10. The parties with respect to the public hearing may apply for postponement
of the hearing 10 days before the hearing where justified; it shall be for SETC
to decide whether to allow the postponement.
Article 11. In normal circumstances a public hearing is presided by 3 to 5
hearing officers, of whom one acts as the chief hearing officer.
Article 12. In any of the following circumstances, a hearing officer of the
public hearing shall voluntarily withdraw from holding the hearing, while any
interested parties are entitled to require the withdrawal of the said officer:
(1) where the hearing officer is a close relative of the legal representative
of any interested parties or other authorized representative of any interested
parties of the case in question;
(2) where the hearing officer has a specific interest in the case in question;
(3) where the hearing officer is involved in certain other relations with any
interested parties, which may prejudice a fair hearing.
Where an interested party requires the withdrawal of a hearing officer, the
request shall be made in a written form together with an explanation of the reasons
thereof. It shall be for SETC to decide whether or not to conduct the withdrawal
of the officer concerned.
Article 13. The hearing officers shall exercise the following functions and
powers during the hearing:
(1) to chair the hearing;
(2) to identify the interested parties or their representatives;
(3) to make enquiries to the parties;
(4) to decide whether to allow the parties to submit supplementary evidence and
whether to conduct an appraisal of the evidence that has been presented;
(5) to decide on the suspension, postponement or termination of the hearing;
(6) to ensure that the hearing is properly conducted, and to prevent or eliminate
any behaviour that contravenes the proper conduct of the hearing;
(7) to decide on other matters during the course of the hearing.
Article 14. The legal representative of the parties or the person mainly responsible
for the parties may participate in the hearing by himself. The parties in question
may also empower an authorized representative to participate in the hearing. Where
an authorized representative participates in the hearing, a Power of Attorney
with respect to the hearing shall be submitted to SETC at the time when the authorized
representative registers with SETC for the hearing.
Article 15. The parties with respect to the public hearing shall undertake
the following obligations:
(1) to arrive in time at the specified place for the hearing;
(2) to conform to the rules of the hearing and to follow the instructions of the
hearing officers;
(3) to make truthful reply to the enquiry addressed by the hearing officers;
(4) to undertake the responsibility of providing evidence to support the arguments
that have been submitted.
Article 16. Prior to the commencement of the public hearing, the hearing officers
shall firstly identify the interested parties and the qualification of the authorized
representative, set out the rules of the hearing, and inform the interested parties
of their rights and obligations.
Article 17. The public hearing shall be conducted in accordance with the following
procedure:
(1) the chief hearing officer announces the commencement of the hearing, and presents
the background to the case;
(2) the applicant presents the facts and grounds on which the application for
the public hearing is based;
(3) the parties make their presentations;
(4) the parties make their final statements;
(5) the chief hearing officer announces the closure of the hearing.
Article 18. Authorities of anti-dumping, countervailing duty and safeguard
investigations of injury to industry shall collect further information at the
hearing, and provide the interested parties with the opportunity to present their
views and submit supporting materials.
Article 19. Presentations at the public hearing shall be recorded by a written
transcript which shall be signed or sealed by the interested parties. In the circumstances
where a party refuses to sign or seal the transcript, the hearing officers shall
record such a fact into the written transcript of the hearing.
Article 20. A written version of the oral presentations made by the parties
at the public hearing shall be submitted to SETC within 10 days after the date
of the completion of the hearing and shall be regarded as the prevailing materials.
Relevant supplementary supporting materials, if any, shall also be submitted to
SETC within 10 days after the date of the completion of the hearing.
Article 21. In any of the following circumstances, the public hearing shall
be suspended:
(1) the applicant of the hearing fails to participate in the hearing due to force
majeure;
(2) other circumstances justifying the suspension of the hearing.
Article 22. Where the reason for the suspension of the hearing ceases to exist,
the hearing shall be resumed.
Article 23. In any of the following circumstances, the public hearing shall
be terminated:
(1) the applicant of the hearing has withdrawn its application;
(2) the anti-dumping, countervailing duty or safeguard investigation has been
terminated;
(3) other circumstances justifying the termination of the hearing.
Article 24. Where any of the circumstances for suspending or terminating the
public hearing as provided in Article 21 and Article 23 exist, it shall be for
SETC to decide whether or not to suspend or terminate the hearing in the case
where the hearing officers have been not yet appointed; after the hearing officers
are appointed, it shall be for them to make a joint decision thereon.
Article 25. SETC shall be responsible for the interpretation of these Rules.
Article 26. These Rules shall enter into force on 15 January 2003. Rules on
Public Hearings with Regard to Determinations of Injury to Industry of the State
Economic and Trade Commission of the People's Republic of China, promulgated by
SETC on 27 October 1999, shall be repealed simultaneously.
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