WORLD TRADE G/ADP/N/1/COL/1 G/SCM/N/1/COL/1 April 1995 ORGANIZATION (95-0790) Original: Spanish Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS COLOMBIA The following communication, dated 15 March 1995, has been received from the Permanent Mission of Colombia, a Signatory of the Final Act eligible to become an original Member of the WTO _ In accordance with the Agreement on Implementation of Article VI of the GATT 1994, and with the Agreement on Subsidies and Countervailing Measures, I enclose the full text of Decree 299 of 10 February 1995 which contains the provisions relative to anti-dumping and countervailing duties in Colombia, the authorities competent to initiate and conduct the investigations and the procedures governing said investigations MINISTRY OF FOREIGN TRADE DECREE NO 299 (10 FEBRUARY 1995) "Regulating the Application of Anti-Dumping and Countervailing Duties" THE PRESIDENT OF THE REPUBLIC OF COLOMBIA In exercise of his constitutional powers, and in particular those conferred on him by Article 189, paragraph 25, of the Political Constitution, in conformity with Article 10 of Law of 1991 and pursuant to the recommendation of the Higher Council for Foreign Trade, CONSIDERING That Article 10 of Law of 1991 instructs the National Government to regulate the protection of domestic producers against unfair foreign trade practices and to fix requirements, procedures and factors for determining the imposition of duties as appropriate; That it is necessary to bring domestic legislation into line with the changes in foreign trade, in the light of the technical and legislative progress on this matter, such as that provided for in the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures, in order to avert injury to domestic producers stemming from dumping or from subsidies by imposing anti-dumping or countervailing duties, respectively DECREES CHAPTER I OBJECT ARTICLE - SCOPE OF APPLICATION This Decree lays down the rules to be applied to imports of dumped or subsidized products originating in countries not members of the Cartagena Agreement which cause or threaten to cause material injury to a major proportion of domestic industry or material retardation of the establishment of an industry in Colombia The investigations to which this Decree refers shall be undertaken by the Colombian Foreign Trade Institute, INCOMEX, in the public interest Anti-dumping or countervailing duties are imposed in the public interest, for the purpose of preventing and redressing injury, where an unfair trade practice exists, and are generally applicable to any person importing the goods on which such duties are imposed The duties may be imposed on a country and, if appropriate, on specific producers or exporters in that country Investigations into under-invoicing of imports by the National Customs and Excise Directorate (DIAN) may be carried out at the same time as investigations into dumping or subsidies by INCOMEX If, in the course of administrative proceedings, INCOMEX has information that leads it to believe that under-invoicing may exist, it will send on its own initiative a copy of all relevant documents to the DIAN, without prejudice to the continuation of proceedings with regard to matters within its own competence The DIAN shall apply the rules on confidentiality of documents provided for in Article 43 of this Decree CHAPTER II DEFINITIONS ARTICLE - For the purposes of this Decree, the following definitions apply: ANTI-DUMPING DUTY: A measure in the form of a customs duty on imports which restores the conditions of competition distorted by dumping, and in the procedure set out below COUNTERVAILING DUTY: A measure in the form of a customs duty on imports which restores the conditions of competition distorted by a WORLD TRADE ORGANIZATION G/ADP/N/1/CHN/2 11 September 2002 (02-4792) Committee on Anti-Dumping Practices Original: English NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 OF THE AGREEMENT PEOPLE'S REPUBLIC OF CHINA The following communication, dated 27 August 2002, has been received from the Permanent Mission of the People's Republic of China _ With reference to Article 18.5 of the Agreement on Implementation of Article VI of the GATT 1994, I have the honour to provide the Committee on Anti-Dumping Practices the English translation of the Regulations of the People's Republic of China on Anti-Dumping English translations of other Rules as notified are still in preparation and will be provided once available Please note that the Regulations are authentic only in Chinese and that the English translation of the Regulations is for reference only by WTO Members REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ANTI-DUMPING (Adopted at the 46th Executive Meeting of the State Council on 31 October 2001, promulgated by Decree No 328 of the State Council of the People's Republic of China on 26 November 2001, and effective as of January 2002 CHAPTER I - GENERAL PROVISIONS Article These Regulations are formulated in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China for the purpose of maintaining the foreign trade order and fair competition Article Where an imported product is dumped into the commerce of the People's Republic of China and causes material injury or threat of material injury to an established domestic industry, or causes material retardation to the establishment of such an industry, an anti-dumping investigation shall be initiated and anti-dumping measures applied in accordance with the provisions of these Regulations CHAPTER II - DUMPING AND INJURY Article The term "dumping" means that an imported product is introduced, in the ordinary course of trade, into the commerce of the People's Republic of China at an export price less than its normal value The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "MOFTEC") shall be responsible for the investigation and determination of dumping Article The normal value of an imported product shall be determined according to the following methods by distinguishing among differing cases: (1) where there is a comparable price for the like product of the imported product in the ordinary course of trade in the domestic market of the exporting country (region), such comparable price shall be the normal value; (2) where there are no sales of the like product of the imported product in the ordinary course of trade in the domestic market of the exporting country (region), or the price and the quantity of such sales not permit a fair comparison, the normal value shall be the comparable price of the like product when exported to an appropriate third country (region) or the cost of production of the like product in the country (region) of origin plus a reasonable amount for expenses and for profits In cases where a product is not imported directly from the country (region) of origin, its normal value shall be determined in accordance with Item of the preceding paragraph However, under the circumstances that the product is merely transshipped through the exporting country, or such product is not produced in the exporting country (region), or there is no comparable price for such product in the exporting country (region), the price of the like product in the country (region) of origin may be taken as the normal value Article The export price of an imported product shall be determined according to the following methods by distinguishing among differing cases: (1) the price actually paid or payable for the imported product shall be the export price; (2) in cases where there is no export price for the imported product or the price is unreliable, the export price may be constructed on the basis of the price at which the imported product is first resold to an independent buyer; however, if the imported product is not resold to an independent buyer, or not resold in the condition as imported, the export price may be determined on the basis of reasonable price constructed by MOFTEC Article The margin of dumping is the amount by which the export price of an imported product is less than its normal value A fair and reasonable comparison shall be made between the export price and the normal value of an imported product, with due allowance for factors which affect price comparability The margin of dumping shall be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export price on a transaction-totransaction basis Where the export prices differ significantly among different purchasers, regions or time periods, and therefore it is difficult to make comparison through ...WORLD TRADE ORGANIZATION G/ADP/N/1/AUS/2 G/SCM/N/1/AUS/2 17 August 1998 (98-3209) Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original: English NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS AUSTRALIA The following communication, dated 10 August 1998, has been received from the Permanent Mission of Australia _ Attached are the full texts of Australian anti-dumping and countervailing legislation amended to incorporate amendments that entered into force on 24 July 1998 Due to transitional arrangements, in particular for the Anti-Dumping Authority, this legislation needs to be read in conjunction with G/ADP/N/1/AUS/1-G/SCM/N/1/AUS/1 in respect of current investigations Explanatory Note This notification is made pursuant to Articles 16.5 and 18.5 of the WTO Agreement on Implementation of Article VI of GATT 1994 (Anti-Dumping Agreement) and Articles 25.12 and 32.6 of the WTO Agreement on Subsidies and Countervailing Measures (Subsidies Agreement) The attachments are: (a) relevant parts of the Customs Act 1901; (b) relevant Customs Regulations; and (c) Customs Tariff (Anti-Dumping) Act 1975; (d) amendment and subsequent repeal of the Anti-Dumping Authority Act 1988; and (e) application, transitional, and savings provisions The attachments have incorporated into the principal acts amendments that entered into force on 24 July 1998 Accordingly these are working texts and are not legally authentic ARTICLE 13 OF THE ANTI-DUMPING AGREEMENT AND ARTICLE 23 OF THE SUBSIDIES AGREEMENT Australia's legislation containing provisions on anti-dumping and countervailing measures is reviewable under the Administrative Decisions Judicial Review Act (ADJR Act) Administrative actions relating to final determinations and reviews of determinations are reviewable, therefore, by the Federal Court, which is independent of the authorities responsible for the determination or review Grounds for judicial review under the ADJR Act are: (a) breach of the rules of natural justice; (b) failure to observe procedures required by law; (c) lack of jurisdiction; (d) a decision not being authorized by the enactment; (e) an improper exercise of power This includes: - taking an irrelevant consideration into account - failing to take a relevant consideration into account - improper purpose - exercise of discretionary power in bad faith, at direction or behest of another person, or in accordance with a rule or policy without regard to the merits of the case - unreasonableness - resulting uncertainty - abuse of power; (f) an error of law; (g) fraud; (h) no evidence; and (i) the decision is otherwise contrary to law ARTICLE 16.5(A) OF THE ANTI-DUMPING AGREEMENT AND ARTICLE 25.12(A) OF THE SUBSIDIES AGREEMENT Under the amended legislation the Australian investigating authority is the Australian Customs Service The Anti-Dumping Authority will finalize cases it has in train under the transitional provisions The amendments, which abolish the Anti-Dumping Authority, also establish the Trade Measures Review Officer (TRMO) The TRMO will review certain decisions by the Minister and the Australian Customs Service In the former case the TRMO will make recommendations to the Minister but will take decisions in respect of the latter The matters subject to review by the TRMO are set out in sections 269ZZA and 269ZZN of the Customs Act Customs Tariff (Anti-Dumping Act 1975) _ TABLE OF PROVISIONS Section Short title Commencement Incorporation Imposition of duties of Customs Dumping duties Third country dumping duties 10 Countervailing duties 11 Third country countervailing duties 12 Interim duty not to exceed security taken 16 Duties to be charged separately 21 Special duties to be additional to ordinary duties An Act relating to certain Special Duties of Customs Short title This Act may be cited as the Customs Tariff (Anti-Dumping) Act 1975 Commencement This Act shall come into operation on the WORLD TRADE G/ADP/N/1/SEN/1 G/SCM/N/1/SEN/1 31 July 1996 ORGANIZATION (96-3055) Original: French Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS SENEGAL The following communication, dated 15 July 1996, has been received from the Permanent Mission of Senegal _ Pursuant to Article 18.5 of the Agreement on the Implementation of Article VI and Article 32.6 of the Agreement on Subsidies and Countervailing Measures, the Government of Senegal communicates below the full text of its national regulations on unlawful trade practices Law No 94-68 of 28 August 1984 on Measures to Safeguard Domestic Industry Against Unlawful Trade Practices STATEMENT OF REASONS The reforms initiated under the structural adjustment have led in foreign trade to liberalization of our trade arrangements However, in order to guarantee fair competition on the domestic market, this law seeks to introduce, pursuant to Article VI of the General Agreement on Tariffs and Trade, tools whereby safeguard measures can be taken in the event of dumping or subsidies, as in the case of the machinery used in this regard by most Members of GATT Such is the purpose of this bill submitted for your approval The National Assembly deliberated and adopted at its meeting on Wednesday, August 1994, The President of the Republic enacts the following law: Article Where imports cause or threaten serious prejudice to an established domestic industry or material retardation of the establishment of such an industry, they may be subject to: (1)A countervailing duty if it is found that the imported product directly or indirectly benefits from a bonus or subsidy on manufacture, production or export in the country of origin or consignment; (2)an anti-dumping duty if it is found that the import price is less than the normal value These duties shall be collected in the same way as customs duties Article The following is deemed to be less than the normal value: (1)A price less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country; or (2)in the absence of such domestic price, is less than either: -The highest comparable price for the like product for export to a third country in the ordinary course of trade; or -the cost of production of the product in the country of origin plus a reasonable amount for selling cost and profit Article The amount of the countervailing duties or anti-dumping duties shall be calculated so as to halt the injury It may in no case exceed the amount of the subsidy or the difference between the import price and the normal price as defined in Article The amount of the countervailing duties or anti-dumping duties shall be incorporated in the customs value Article The duties referred to in Article shall be determined by decree on a joint report by the Minister of Trade, Minister of the Economy and Finance and the Minister of Industry Article The procedure for assessment of the duties provided for in Article shall normally be initiated on a complaint submitted by producers, importers or producers' associations acting on behalf of a domestic industry and addressed to the Minister of Trade However, if the latter has sufficient evidence of the existence of unlawful trade practices, he may initiate the procedure directly A complaint, as referred to in the paragraph above, shall include evidence of the existence of dumping, a subsidy or bonus, the injury sustained by the domestic industry and the causal relationship between the unlawful trade practice and the injury A decree shall specify the information to be provided by complainants Article When the Minister of Trade considers that the complaint is based on reliable evidence and that the majority of the domestic industry in question shares the complainants' allegations, he shall decide to initiate an investigation intended WORLD TRADE ORGANIZATION G/ADP/N/1/MAR/2 G/SCM/N/1/MAR/2 27 September 2000 (00-3897) Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original: French NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS MOROCCO The following communication, dated 15 September 2000, has been received from the Permanent Mission of Morocco The Permanent Mission of the Kingdom of Morocco to the United Nations Office at Geneva and the other international organizations in Switzerland presents its compliments to the Secretariat of the World Trade Organization (Rules Division) and has the honour to transmit herewith the documents indicated below issued by the competent Moroccan authorities: Annex relating to Article 15 as amended of the Foreign Trade Law No 13-89 showing the amendments (text in bold underlined); Laws and regulations relating to subsidies, countervailing and anti-dumping measures Annex relating to Article 15 as amended of the Foreign Trade Law No 13-89 Title II: Measures to safeguard domestic industry Article 15 When imports cause or threaten to cause material injury to an established domestic industry or materially retard the establishment of a domestic industry, they may be subject to: Countervailing duties: if it is found that the products imported directly or indirectly enjoy a bounty or subsidy on their manufacture, production or export in the country of origin or the country from which they are imported; Anti-dumping duties: if it is found that the import price is less than its normal value, and where: (a) The price is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country; (b) or where, in the absence of such domestic price, the price of the exported product is: - Less than the highest comparable price for the like product for export to any third country, in the ordinary course of trade; or - below the cost of production of the product in the country of origin plus a reasonable addition for selling costs and profits Tariff or non-tariff measures if a massive increase in imports of directly competitive like products is noted; Non-tariff measures in the case of imports of products entering duty free under agreements concluded between Morocco and other countries prior to the entry into force of this Law; A duty to be added to the tariff equivalent referred to under Article if a significant decrease in the price of the products referred to in Article above is noted Until definitive measures are adopted, as a provisional emergency measure, the authorities may take the measures referred to in paragraphs 1, 2, and above in order to ensure the protection of the domestic industry The authorities are also empowered, as a precautionary measure, either ex officio or at the request of the interested parties, to require a prior import declaration for imports of products which cause or threaten to cause injury to the domestic industry The period during which such declarations may be required shall not exceed a period of three months, renewable once only LAWS AND REGULATIONS RELATING TO SUBSIDIES, COUNTERVAILING AND ANTI-DUMPING MEASURES MOROCCO Notification under Article 18.5 of the Agreement on Anti-Dumping and Article 32.6 of the Agreement on Subsidies and Countervailing Measures, in the light of information contained in WT/COMTD/W/1 PROVISIONS OF ARTICLE 15 OF THE FOREIGN TRADE LAW NO 13-89 When imports cause or threaten to cause material injury to an established domestic industry or materially retard the establishment of a domestic industry, they may be subject to: Countervailing duties: if it is found that the products imported directly or indirectly enjoy a bounty or subsidy on their manufacture, production or export in the country of origin or the country from which they are imported; Anti-dumping duties: if it is found that the import price is less than its normal value, and WORLD TRADE ORGANIZATION G/ADP/N/1/KOR/5 25 April 2001 (01-2065) Committee on Anti-Dumping Practices Original: English NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 OF THE AGREEMENT KOREA The following communication, dated 20 April 2001, has been received from the Permanent Mission of Korea _ Pursuant to Article 18.5 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), the Government of Korea wishes to notify the revised Customs Act and its sub-regulations concerning anti-dumping measures, which entered into force on January 2001 Since the main focus of revision was complete renumbering of provisions, this notification includes all existing and revised provisions, and some modification of translation into English THE CUSTOMS ACT Article 51 (Subjects of Anti-dumping Duty) In cases where the request for imposition has been made by a person prescribed in the Presidential Decree and having interest in the domestic industry, or the Minister of relevant authorities, and where it is confirmed through an investigation that importation of foreign products at a price lower than the normal value (hereinafter referred to as "dumping") results in any of the following Sub-paragraphs (hereinafter referred to as "material injury, etc."), and it is deemed necessary to protect the domestic industry concerned, a duty in an amount not more than the difference between the normal value and the dumping price (hereinafter referred to as the "dumping margin") of such products (hereinafter referred to as "anti-dumping duty") may be additionally imposed on such products, by designating the products and supplier or supplying country through the Ordinance of the Minister of Finance and Economy (1) material injury to a domestic industry is caused or threatened; (2) material retardation of the establishment of a domestic industry is caused Article 52 (Investigation of Dumping and Material Injury, etc.) Investigation of dumping and material injury, etc provided in Article 51 shall be conducted according to the Presidential Decree If it is deemed necessary to consider the competitiveness of the relevant industry, price stabilization, and trade co-operation, in imposing of anti-dumping duty, the Minister of Finance and Economy may reflect such factors through investigation on them Article 53 (Provisional Measures prior to Imposition of Anti-dumping Duty) Where an investigation has been initiated to determine whether or not an anti-dumping duty is to be imposed, and any of the requirements provided in the following Subparagraphs is met, the Minister of Finance and Economy may, even before the investigation is concluded, order a measure to additionally impose a provisional antidumping duty, which is not greater than the amount equivalent to the dumping margin estimated provisionally, or to provide a security by designating the products, supplier or supplying country and period (hereinafter referred to as "provisional measures" in this Section) as prescribed in the Presidential Decree to prevent the injury caused during the period of investigation, (1) where there is sufficient evidence to presume that there has been the fact of dumping and material injury, etc., caused thereby (2) where the undertakings as referred to in Article 54 are violated, or a demand for materials on the fulfilment of the undertakings and a demand to allow the verification of the materials presented is not complied, and there is the best information available The provisional anti-dumping duty paid shall be refunded, or the security provided shall be released, as prescribed in the Presidential Decree, in any cases as referred to in the following Sub-paragraphs: (1) The request for the imposition of an anti-dumping duty on the goods subject to provisional measures is withdrawn, and the investigation is terminated accordingly; (2) Whether or not the anti-dumping duty is to be imposed on the goods ... to impose an anti-dumping duty, retroactive imposition of an anti-dumping duty, reimbursement of an anti-dumping duty or imposition of an anti-dumping duty on new exporters made under Chapter... the anti-dumping investigation on such product shall be terminated CHAPTER V - ANTI-DUMPING MEASURES Section I: Provisional Anti-dumping Measures Article 28 The following provisional anti-dumping... provisional anti-dumping measures have been applied prior to the final determination, anti-dumping duties may be levied retroactively for the period for which provisional anti-dumping measures