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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/THA/4 G/SCM/N/1/THA/4 20 December 1999 (99-5491) 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 THAILAND The following communication, dated 14 December 1999, has been received from the Permanent Mission of Thailand _ TABLE OF CONTENTS Page THE ANTI-DUMPING AND COUNTERVAILING ACT, B.E 2542 SECTION I GENERAL PROVISIONS SECTION II DUMPING SECTION III INJURY SECTION IV DOMESTIC INDUSTRY SECTION V DUMPING DETERMINATION Part I General Provision Part II Initiation of Investigation Part III Dumping and Injury Investigations Part IV Provisional Measures Part V Undertakings 10 SECTION VI ANTI-DUMPING DUTY 11 SECTION VII STATUTORY TIME-LIMIT OF INVESTIGATIONS 12 SECTION VIII DURATION AND REVIEWS 12 SECTION IX JUDICIAL REVIEWS 13 SECTION X SUBSIDIES 13 SECTION XI THE COMMITTEE 16 SECTION XII TEMPORARY PROVISION 18 THE ANTI-DUMPING AND COUNTERVAILING ACT B.E 2542 (Unofficial Translation) Whereas it is expedient to enact an anti-dumping and countervailing legislation; certain statutes within which pertain to the limitation on freedom of business undertaking and career, for which Article 29, together with Article 50 of the Constitution of the Kingdom of Thailand authorizes its enforcement by the power of law Article This Act is called "Anti-Dumping and Countervailing Act B.E 2542" Article This Act is to be in force commencing on the ninetieth day after its publication in the Royal Gazette Article The Anti-Dumping Act, B.E 2507 is hereby nullified Article In this Act: "Injury" means injury pursuant to Section III; "Domestic industry" means a domestic industry pursuant to Section IV; "Subject merchandise" means a product which is alleged of being dumped or subsidized; "Like product" means a product which is identical, i.e alike in all respects to the subject merchandise, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the subject merchandise; "Level of trade" means a series of stages for a merchandise to reach the consumer; "Dumping margin" means the margin by which the export price is lower than the normal value; "Interested party" means: (i) a foreign producer, exporter or the importer of the subject merchandise, or a trade or business association a majority of the members of which are producers, exporters, or importers of such product; (ii) the government of a country from which the subject merchandise is exported to Thailand; (iii) a producer of the like product in Thailand or a trade or business association the majority of the members of which are producers of the like product in Thailand; (iv) any other entity designated by the Minister of Commerce to be an interested party "Duties" means preliminary duties, anti-dumping or countervailing duties as the case may be; "Committee" means the Committee on Dumping and Subsidies Article The Minister of Finance shall be responsible in accordance to this Act exclusively with issues pertaining to the Customs Department; and is thus authorized to issue ministerial regulations as prescribed under Article 11 to maintain compliance with this Act The Minister of Commerce shall take actions in accordance with this Act and is herewith authorized to issue ministerial regulations and notifications to maintain compliance with this Act Ministerial regulations and notifications are in effect from the date of publication in the Royal Gazette Article The Minister of Commerce is herewith authorized to issue ministerial regulations specifying methodologies, and procedures concerning the determinations of dumping, subsidies, injuries, anti-dumping measures, countervailing measures, reviews, including any measure relating to this Act in so far as such measure is not an obstacle to, or counteract the provisions of this Act Where appropriate, the ministerial regulations as provided in paragraph one can be issued, in specific instances, in the form of Ministry of Commerce Notification SECTION I GENERAL PROVISIONS Article A determination to impose any anti-dumping or countervailing measure shall include the consideration on the interests of the domestic industry, consumer, and public interests Article For the purpose of enforcing this Act, when the Committee deems appropriate, it may in writing direct the Customs Department to register any import or export, to collect information pertaining to any import or export In such instances, the Customs Department is authorized to secure from any importer or exporter information as requested by the Committee Where appropriate, Customs legislations shall apply mutatis mutandis Article The petitioner, importers, or foreign exporters may request a disclosure of information used in the determination of preliminary measure, duty assessments and reviews in the manner prescribed in Ministry ...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 ... Constitution of the Kingdom of Thailand authorizes its enforcement by the power of law Article This Act is called "Anti-Dumping and Countervailing Act B.E 2542" Article This Act is to be in force commencing... of factual evidence; (iv) requests for factual details or evidence and fees involved; (v) time-limits allowed for interested parties to present their facts and views in writing; (vi) time-limits... VI ANTI-DUMPING DUTY Article 49 When an affirmative final anti-dumping determination is made by the Committee, the amount of anti-dumping duty to be imposed shall be that which would be adequate