./.WORLD TRADE
ORGANIZATIONG/ADP/Q1/CHN/23
G/SCM/Q1/CHN/23
18 June 2003
(03-3265)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to the Follow-Up Questions  Posed by the EUROPEAN COMMUNITIES 1
Regarding the Notification of CHINA2
The following communication, dated 17 June 2003, has been received from the Permanent
Mission of China.
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Follow up to question 3 posed in document G/ADP/Q1/CHN/12-G/SCM/Q1/CHN/12
(answered in document G/ADP/Q1/CHN/20-G/SCM/Q1/CHN/20)3
The EC was not concerned about the capabilities of the legal profession in China.
However, the EC would like to invite China to consider the possibility that foreign exporters can
decide for themselves whether or not they want to  avail themselves of the services of a lawyer in
a CVD proceeding (or indeed an AD proceeding) and, if so, to also consider finding legal advice
outside China.  Exporters should be free to  make their choice according to their needs.
Otherwise there might be a serious obstacle to cooperation.  In this context could the PRC
please confirm that its investigating authorities will make the conditions for the participation of
a Chinese lawyer in an investigation visit clea r from the beginning and will not exercise any
pressure on cooperating exporters for agreein g to the participation of certain lawyers?
Reply
In accordance with the Chinese laws, regulations and the Protocol on the accession of the
PRC, only the practicing lawyers of the PRC can provide legal services in Chinese law practice.  The
anti-subsidy investigations in China are conducted according to Chinese laws and regulations.  The
work about anti-subsidy should be done professionally, so if the responding company retains Chinesepractising lawyers to deal with the work concerned, the work concerned will be accomplished in a
professional manner and up to standard.  Article 27 of the Provisional Rules for Questionnaires in
Countervailing Duty Investigations specifies as follows: the questionnaire response of the responding
company shall be submitted by representation of a practising lawyer of the PRC, and the relevant
matters shall be dealt with by the responding company’s attorney.
                                                     
1 G/ADP/Q1/CHN/22-G/SCM/Q1/CHN/22
2 G/SCM/N/1CHN/1 + Suppl.1
3 The EC posed a similar question in respect of China’s anti-dumping legislation notification
G/ADP/N/1/CHN/2 + Suppl.1 (question 4 in document G/ADP/Q1/CHN/11-G/SCM/Q1/CHN/11, answeredin document G/ADP/Q1/CHN/18-G/SCM/Q1/CHN/18) and this follow-up question is also of relevance in
that context.G/ADP/Q1/CHN/23
G/SCM/Q1/CHN/23
Page 2
Follow up to question 1 posed in document G/ADP/Q1/CHN/12- G/SCM/Q1/CHN/12
(answered in document G/ADP/Q1/CHN/20- G/SCM/Q1/CHN/20)4
Question
With regard to the use of the native official language in investigations the EC would like
to refer to the practice of long standing WT O members such as Japan, Egypt or Brazil, which
traditionally admit the use of official WTO languages (different from their official native
language) in investigations.  Considering this tradition and according to the spirit of Art 12.11
ASCM (and the parallel Article 6.13 ADA) can the PRC please indicate whether documentssubmitted in English as a WTO language migh t be acceptable under certain circumstances?
In this context the European Communities would like to recall that Art 12.7 ASCM
providing for provisional or final determination on the basis of "the facts available" is, like
Article 6.8 of the Anti-Dumping Agreement, only  conceived for cases of non-cooperation in an
investigation, such as refusal of access to inform ation within a reasonable period or significant
impedement of the investigation.
Reply
Chinese is the native official language of China. Article 13 of Provisional Rules for
Questionnaires in Countervailing Duty Investigations specifies as follows: the questionnaire
responses shall be completed in simplified Chinese characters and shall be accompanied by relevant
supporting documents according to the requirements specified.
__________
                                                     
4 The EC posed a similar question in respect of China’s anti-dumping legislation notification
G/ADP/N/1/CHN/2 + Suppl.1 (question 2 in document G/ADP/Q1/CHN/11-G/SCM/Q1/CHN/11, answeredin document G/ADP/Q1/CHN/18-G/SCM/Q1/CHN/18) and this follow-up question is also of relevance in
that context.