China Issues Rules on Anti-dumping, Anti-subsidy Cases

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Last updated at: (Beijing Time) Wednesday, December 04, 2002

China Issues Rules on Anti-dumping, Anti-subsidy Cases

The Supreme People's Court of China issued two new rules Tuesday, in a move toward getting the handling of anti-dumping and anti-subsidy cases in line with World Trade Organization (WTO) regulations.

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The Supreme People's Court of China issued two new rules Tuesday, in a move toward getting the handling of anti-dumping and anti-subsidy cases in line with World Trade Organization (WTO) regulations.

The rules clarify for the first time how the country's courts will undertake judicial examination of any dispute arising from the anti-dumping and anti-subsidy measures issued by the administrations under the State Council, Li Guoguang, vice-president of China's Supreme People's Court said at a press conference this morning.

According to the two rules, beginning Jan. 1, 2003, individuals or enterprises doing business with China can appeal to the country's courts if they disagree with the final judgments on anti-dumping and anti-subsidy cases made by the relevant organs of the State Council, and the courts must accept and investigate any appeals.

After China's entry into the WTO, the State Council of China revised the regulations on anti-dumping and anti-subsidy in November 2001.

"The two old regulations mentioned the judicial examination of the anti-dumping and anti-subsidy cases, but failed to clarify how the people's courts should deal with them," said Li.

The two new rules cover all aspects related to the anti-dumping and anti-subsidy cases, including conditions for appeal, jurisdiction and burden of proof as well as who may litigate.

Li said he believed the rules will better protect the interests of relevant parties involved in anti-dumping and anti-subsidy cases as well as improve the confidence foreign investors and enterprises have in China.

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