Rules Hearing Of Industry Injury Investigation

Original Language Title: 产业损害调查听证规则

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(Released December 13, 2002 State economic and Trade Commission, 44th) first to standardize the hearing of industry injury investigation activities, protect legal rights the parties to the hearing, in accordance with the People's Republic of China anti-dumping regulation and the People's Republic of China regulations on countervailing and People's Republic of China safeguard measures Ordinance, these rules are formulated.
    Article II of these rules apply to the State economic and Trade Commission (hereinafter referred to as State economic and Trade Commission) in anti-dumping, countervailing, safeguard measures investigation proceedings in hearing of industry injury investigation.
    Article III organization of the State economic and Trade Commission of industry injury investigation Bureau of industry injury investigation hearing. Article fourth hearing of industry injury investigation follows the principle of openness, justice and fairness.
    Besides involving State secrets, business secrets, the hearing shall be held in public.
    Article fifth anti-dumping, countervailing, safeguard measures investigation of the applicant, the respondent and other stakeholders on injury and causation requirements that the State economic and Trade Commission is holding a hearing, or of the State economic and Trade Commission considered it necessary to hold a hearing, may hold a hearing of industry injury investigation.
    Article sixth of anti-dumping, countervailing and safeguard measures investigation the applicant, respondent and other stakeholders call for a hearing, the hearing shall be submitted to the State economic and Trade Commission called for the holding of a written application.
    Hearing of industry injury investigation hearing the application shall include the applicant's name, address, contact person and contact information, applications, and on the basis of facts and reasons, and so on.
    Seventh national economic and Trade Committee held the hearing of industry injury investigation, hearings should be organized, and 20th, there will be a hearing before the hearing decision, hearings, public hearings held in time, place, requirements and other matters with the announcement or notice in writing inform the relevant interested parties.
    Eighth an interested party shall, on the hearing of industry injury investigation announcement date or from the date of written notification in the 15th, to register with the State economic and Trade Commission in accordance with regulations, hearings statement summary and related materials in language of one original and 10 copies.
    Nineth hearing parties including the State economic and Trade Commission have been registered to participate in the hearing of the proposed anti-dumping, countervailing and safeguard investigations of applicants, respondents and other interested parties.
    Tenth, the parties to the hearing with justification, could be held in the hearing postponed the hearing of an application made before 10th; whether to allow an extension, determined by the State economic and Trade Commission.
    11th hearing usually consists of 3 to 5 persons, 1 of them as Chief hearing officer.
    12th hearing under any of the following circumstances shall voluntarily withdraw, the interested party has the right to apply for his withdrawal: (a) stakeholders with this case legal representative or interested party entrusts an agent to have close kinship and (ii) has an interest in the present case, (iii) stakeholders have other relationships with these cases, which may affect the hearing conducted impartially. Stakeholders in applying for the withdrawal, shall be made in writing and state the reasons.
    Avoided, decided by the State economic and Trade Commission.
    13th article hearing host in hearing in the exercise following terms: (a) presided over hearing; (ii) confirmed hearing party or its agent of identity; (three) to hearing party questions; (four) decided whether allows hearing party submitted added evidence, whether on has show of evidence for identification; (five) decided suspended, and extension or terminated hearing; (six) maintained hearing order, on violation hearing discipline of behavior be warning or stop; (seven) hearing process in the need decided of other matters. 14th hearing the parties may by their legal representative or principal responsible to attend the hearing, may entrust an agent to participate in the hearing.
    From agents to participate in the hearing, should be submitted to the State economic and Trade Commission hearings at the time of registration to attend the hearing of attorney.
    15th the parties to the hearing shall bear the following obligations: (a) arrive at the designated location at the hearing, (ii) to comply with the hearing disciplines, obey the hearing schedule; (c) answer Presiders inquiries; (iv) for claim bears the burden of proof.
    16th before the start of the hearing, the hearing officer shall identify the parties to the hearing and the first principal agent qualifications, took the hearing disciplines inform the rights and obligations of the parties.
    Article 17th hearing in accordance with the following procedures: (a) the Chief hearing officer announced the beginning of the hearing, took the case, (ii) hearing the applicant requested a hearing of the facts and reasons, (iii) the parties to the hearing statements; (d) the parties to the hearing final statements; (e) the Chief hearing officer announced the end of the hearing.
    Article 18th anti-dumping, anti-subsidy, safeguards on the authority at the hearing of industry injury investigation shall further collect evidence and statement for all stakeholders to provide advice and the opportunity to submit evidence. 19th hearing shall make a written record, signed or sealed by the parties.
    The party refuses to sign or seal, the hearing shall be at the hearing stated the situation.
    Article 20th hearing of witnesses at the hearing by the parties made oral statements and statements shall be held by the end of the hearing within 10th of written material shall prevail to the State economic and Trade Commission, related evidence should also be the end of the hearing date in the 10th to submit to the State economic and Trade Commission.
    Article 21st of the following circumstances shall be suspended the hearing: (a) hearing due to causes of force majeure could not participate in the hearing of the applicant, (ii) other circumstances that warrant the suspension hearing.
    22nd suspension hearing cause is eliminated, and hearing shall be restored.
    Article 23rd, one of the following circumstances, shall terminate the hearing: (a) hearing withdrawals by hearing the application; (b) in anti-dumping, countervailing and safeguard investigations terminated; (c) shall terminate the hearing of the case.
    24th, 21st and 23rd, suspend or terminate the hearing, suspend or terminate the hearing in determining the decision before the hearing officer by the State economic and Trade Commission, in determining the hearing presided over by the hearing person collegial decision.
    25th article of the rules by the State economic and Trade Commission is responsible for the interpretation. 26th article of the rules come into force on January 15, 2003.
                                                                        October 27, 1999 released by the State economic and Trade Commission of the People's Republic of China State economic and Trade Commission hearing of industry injury determination rules repealed simultaneously.

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