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Rules on The Hearing of Industry Injury Investigation Ⅱ

From Gasgoo.com| July 31 , 2008 12:53 BJT

  Article 15 The parties to a hearing shall bear the following obligations:

  (a) to arrive at the designated place to attend the hearing on time;

  (b) to abide by the hearing disciplines, and to obey the arrangements by the presiders;

  (c) to truthfully answer the presiders'' inquires;

  (d) to provide the evidence for their assertions.

  Article 16 Before a hearing is begun, the presiders to the hearing shall first check the identities of the parties to the hearing and the agency qualification of the agents, read out the hearing disciplines, and inform the parties of their rights and obligations.

  Article 17 A hearing shall be held according to the following procedures:

  (a) the chief presider to the hearing announces the beginning of the hearing, and reads out the cause of the case;

  (b) the petitioner to the hearing states the facts and causes for the hearing;

  (c) the parties to the hearing make their statements;

  (d) the parties to the hearing make their final statements;

  (e) the chief presider announces the end of the hearing.

  Article 18 The organ for an industry injury investigation of anti-dumping,countervailing and safeguard measures shall further collect the information in the hearing, and provide each interested party with the opportunities to state his opinions and to submit the evidential materials.

  Article 19 A record shall be made of the hearing, and shall be signed or sealed by the parties. Where a party refuses to sign or seal on the hearing record, the presiders to the hearing shall indicate this on the record.

  Article 20 All the oral speeches and statements made by the parties in a hearing shall be subject to the written materials that are submitted to the SETC within 10 days as of the end of the hearing, and the relevant supplementary evidence shall also be submitted to the SETC within 10 days as of the end of the hearing.

  Article 21 A hearing shall be suspended under any of the following circumstances:

  (a) the petitioner to the hearing is unable to attend the hearing due to irresistible causes;

  (b) other circumstances under which the hearing shall be suspended.

  Article 22 A hearing shall resume after the causes for its suspension has been eliminated.

  Article 23 A hearing shall be terminated under any of the following circumstances:

  (a) the petitioner to the hearing withdraws the petition;

  (b) the anti-dumping or countervailing investigation or the investigation on safeguard measures is terminated;

  (c) other circumstances under which the hearing shall be terminated.

  Article 24 In case of any of the circumstances inArticle 21 andArticle 23 concerning the suspension or termination of the hearing, whether to suspend or terminate the hearing shall be decided by the SETC before the presiders to the hearing have been determined, or shall be collegially decided by the presiders to the hearing after they have been determined.

  Article 25 The responsibility to interpret the present rules shall remain with the SETC.

  Article 26 The present rules shall enter into force on January 15, 2003.

  The Hearing Rules of the State Economic and Trade Commission of the People''s Republic of China on Ordering Industry Injury promulgated by the SETC on October 27, 1999 shall be abrogated simultaneously.

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