Provisional Rules For Safeguards Investigation Hearings

Article 1 in order to ensure the fairness and impartiality of the investigation of safeguard measures and safeguard the legitimate rights and interests of interested parties, these rules are formulated in accordance with the relevant provisions of the regulations on Safeguards in People's Republic of China.

The second rule applies to the hearing held by the Ministry of foreign trade and economic cooperation in the safeguards investigation procedure to determine the causal relationship between the increase in the number of imports and the damage.

Third the Ministry of foreign trade and economic cooperation's fair trade and import and Export Fair (hereinafter referred to as the "import and Export Fair Trade Bureau") specifically organized the hearing referred to in these rules.

The hearing referred to in these Rules shall be held in public. However, if the state fair, trade secret or personal privacy is involved, the Fair Trade Bureau of import and export may take other forms after its decision.

The fifth import and Export Fair Trade Bureau shall hold a hearing at the application of interested parties. The import and Export Fair Trade Bureau may decide to hold a hearing if it considers it necessary.

The sixth import and Export Fair Trade Bureau holding its own hearings shall notify the interested parties in advance and apply the relevant provisions of these rules.

The seventh item refers to the applicant, the exporter (region) government, the country of origin (region) government, the known exporter and the importer, and other interested organizations or individuals.

If eighth interested parties ask for a hearing, they shall submit a written request for a hearing to the Fair Trade Bureau for import and export.

The application should include the following contents:

(1) the name, address and related circumstances of the applicant;

(two) matters to be applied for;

(three) the reasons for application.

The ninth import and Export Fair Trade Bureau shall decide whether to hold a hearing within 15 days after receiving the written hearing from the interested parties, and promptly notify the interested parties.

The tenth import and Export Fair Trade Bureau's decision to hold hearings should include the following:

(1) decide to hold a hearing;

(two) the reasons for deciding to hold hearings;

(three) the time, place and relevant requirements of the registration of each stakeholder before the hearing;

(four) other matters related to hearings.

The eleventh parties shall promptly register with the Fair Trade Bureau of the import and export according to the contents and requirements of the notification after receiving the notice of the decision to hold the hearing, and submit a written summary and relevant evidence for the speech of the hearing.

The twelfth import and Export Fair Trade Bureau shall, within 20 days from the date of the confirmation of the hearing of the hearing, decide on the time and place of the hearing, the host of the hearing and the agenda of the hearing meeting, and notify the registered interested parties.

The thirteenth hearings will exercise the following powers in the hearing:

(1) preside over the hearing meeting;

(two) confirm the identity of the persons participating in the hearing;

(three) maintain the order of hearing;

(four) raise questions to interested parties;

(five) decide whether to allow each stakeholder to submit supplementary evidence and to identify the evidence that has been produced.

(six) decide to suspend or terminate the hearing;

(seven) other matters that need to be decided in the hearing.

The fourteenth one to participate in the hearing. Interest The party concerned may participate in the hearing by its legal representative or principal person in charge, and may also entrust 1 to 2 agents to participate in the hearing.

Fifteenth the interested parties participating in the hearing shall bear the following obligations:

(1) to arrive at the designated place on time and attend the hearing.

(two) abide by the discipline of hearings and obey the arrangement of the hearings;

(three) truthfully answer questions from the hearings of the hearings.

Sixteenth hearings should be conducted in accordance with the following procedures:

(1) the announcing of the hearing is announced by the moderator. hearing At first, read the discipline of hearing.

(two) check the participants of the hearing;

(three) interested parties' statements;

(four) the host of the hearing asked the interested parties.

(five) interested parties make final statements;

(six) the host announces that the hearing is over.

The seventeenth hearings are aimed at providing further information to the investigating authorities and providing opportunities for the interested parties to make representations and submit evidence.

The eighteenth hearing should produce a record. The hearer, record holder, and interested parties participating in the hearing should sign or seal the spot. If the interested party refuses to sign or affix a seal, the hearer shall state the relevant information in the record of the hearing.

Article nineteenth. One of the following situations may be postponed or cancelled by the Fair Trade Bureau of the import and Export Fair.

(1) hearings Applicant A written application for delay or cancellation of a hearing due to force majeure or action.

(two) termination of safeguards investigation;

(three) other matters that should be postponed or cancelled.

After the twentieth hearing is postponed, the import and Export Fair Trade Bureau shall resume the hearing immediately and notify the registered interested parties.

The twenty-first article refers to the notice of the Ministry of foreign trade and economic cooperation announcement, under special circumstances, the import and Export Fair Trade Bureau can take other forms.

The twenty-second working language used in the hearing is Chinese.

The twenty-third Ministry of foreign trade and economic cooperation is responsible for the interpretation of these rules.

The twenty-fourth rule has been implemented since March 13, 2002.