context: China is institutionalising its trade remedy system. Last year it focussed on helping Chinese companies battle increasing global protectionism through a new cooperation mechanism. This year its focus has moved to getting better feedback from domestic companies affected by its own trade remedy actions.
On 4 April, Ministry of Commerce (MofCOM) published 'Rules for anti-dumping and countervailing hearings'. Taking effect from 5 April, the rules are designed to be a more detailed, transparent, more practice-oriented amalgamation of three previous regulations, writes The Paper
- 'Provisional rules on anti-dumping investigation hearings'
- 'Provisional rules on countervailing investigation hearings'
- 'Rules for industrial damage investigation hearings'
The move goes hand in hand with a 2014 institutional restructuring which saw Import and Export Fair Trade Bureau and Bureau of Industry Injury Investigation merged into Trade Remedy and Investigation Bureau.
Drafted with input from experts, lawyers, relevant departments and foreign advisors, the rules aim to
- unify hearing procedure regulations and address practical problems
- abolish distinctions between anti-dumping, countervailing, and injury investigations
- no longer require written minutes for hearings
- specify when stakeholders can call for hearings (Article 5)
- protect rights of all parties involved through standardisation and transparency
- lay out in detail stakeholders' and investigating bodies' rights and duties
- keep all parties' information confidential where appropriate (Article 8)
- avoid unnecessarily inconveniencing involved parties (Article 8)
- make decisions for hearings public online (Article 11)
- give reasons for hearings and allow stakeholders to take position orally (Article 10)
- keep investigations efficient and fair
- give investigating body greater role in hearings (Article 17 and 18)
- notify all parties of specific times for hearings (Article 7 and 16)
- specify format and deadline for stakeholders' reports to authorities (Article 15 and 20)
- stay in line with World Trade Organisaton (WTO) regulations
- stakeholders are free to not attend hearings, and this will not negatively impact their right to communicate objections or defend themselves to the investigating body through other means (Article 13)