G/ADP/Q1/GEO/2  
G/SCM/Q1/GEO/2  
 
30 April 2021  
(21-3685) Page: 1/4 
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  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING  THE NOTIFICATION OF GEORGIA2 
The following communication, dated and received on 29 April 2021 , is being circulated at the request 
of the delegation of Georgia . 
 
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Question 1  
Article 2 sets forth certain definitions applicable to Georgia's anti -dumping law.  
• Article 2(a) defines, in part, the "Domestic Industry" as "…those of them whose 
collective output constitutes the basic proportion of total domestic production 
…" Please explain how the "basic proportion of total domestic production" will 
be calculated.  
• Article 2(b) defines "Related Persons" for purposes of the Domestic Industry. 
Please clarify whether the basis for finding a party to be related as described in 
Article 2(b) applies only in the context of defining the "Domestic Industry" or 
whether this definition of "Related Party" also applies to any other aspects of 
Georgia's anti -dumping procedures.  
Reply : 
Article 2(a)  
• Article defines domestic industry as all manufacturers who produce like products in 
Georgia, or a set of manufacturers of li ke products whose total share of production makes 
up the main part, that is, basic proportion, of total local production. However, the law 
recognizes that, when applicable, the exclusion of producers related to the exporters or 
importers under investigatio n, or the importers of the allegedly dumped product may be 
necessary. This is also considered while calculating the 'main part ' of total local production, 
which is assessed in line with the principles of Anti -Dumping Agreement and the WTO case 
law, thus de fining the 'main part ' as an important, serious or significant proportion of total 
local production, so that the damage determination will be based on wide -ranging 
information regarding domestic producers and thus will not be distorted.  
Article 2(b)  
• Accord ing to Article 2(b), the definition provided in this Article on the related persons 
applies only for the purposes of defining the domestic industry.  
 
1 G/ADP/ Q1/GEO/ 1. 
2 G/ADP/N/1/GEO/2.  G/ADP/Q1/GEO/2 • G/SCM/Q1/GEO/2  
 
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  Question 2  
Paragraph 2(a) of Article 4 states that the Investigating Authority can "request from 
administra tive bodies" information needed to conduct an investigation.  
• Please specify the administrative bodies from which information may be 
requested by the Investigating Authority.  
• Please provide some examples of the types of information that may be requested 
from such administrative bodies.  
Reply : 
Article 4. 2(a)  
• Generally, the Investigating Authority may request information from the Legal Entity of 
Public Law Georgia Revenue Service and National Statistics Office of Georgia, additionally, 
if deemed necessary, al so from other administrative bodies.  
• The requested information will include macroeconomic data on production, sales volume, 
market share, growth and employment related to the alleged product. Other examples 
constitute the prices of the like product on domestic market, the volume of the imports 
and other relevant factors.  
Question 3  
Article 8 relates to the determination of normal value in non -market economy countries. 
Article 8(c) states that "[w]hen under subparagraphs "a" and "b" of this Article, it i s 
impossible to determine the normal value, it can be determined based on the price actually 
paid or payable in Georgia for the domestic like product, duly adjusted if necessary to 
include a profit margin." Please clarify on what basis the Investigating Au thority will 
calculate the appropriate "price actually paid" and "the price … payable."  
Reply : 
Article 8.2  
• The normal value addressed in this paragraph will be calculated based on the weighted 
average price  of a like product intended for domestic consumption in Georgia, without 
taking into account  the price of allegedly dumped imports. Thus, the 
Investigating  Authority will request the necessary information from the interested persons 
(importers and domestic industry) for the purposes of calculation and will check the 
validity based on the information received from Georgia Revenue Service.  
Question 4  
Article 11.2 describes the basis for construction of the export price "[i]n cases where 
there is no information  on export price or where it appears to the investigating authority 
that the export price is unreliable because of interrelationship between the exporter and 
the importer, also each are related to the third party." Please clarify whether the 
Investigating Authority will consider factual record evidence to support a decision "where 
it appears" that the export price is unreliable, or resort to outside information.  
Reply : 
Article 11.2  
• Considering that the prerequisite for the construction of the export price i s a reasonable 
doubt on association or compensatory arrangements between the exporter and the 
importer or a third party, in order to support such a decision the Investigating Authority 
does not rely solely on the outside information, but considers relevant  factual record 
evidence before resorting to the former, in order to establish facts properly and evaluate 
them in an unbiased and objective manner.  G/ADP/Q1/GEO/2 • G/SCM/Q1/GEO/2  
 
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  Question 5  
Article 15 states that provisional anti -dumping measures may be applied "no later than 
60 days f rom the date of initiation of the investigation." Please clarify whether this 
provision is intended to state that provisional measures may not be applied sooner  than 
60 days from the date of initiation of the investigation as required by Article 7.3 of the  
Anti-dumping Agreement (emphasis added).  
Reply : 
Article 15  
• Article 15.2 of Law of Georgia on the Introduction of Anti -Dumping Measures in Trade 
stipulates that "The preliminary anti -dumping measures may be introduced after not less 
than 60 calendar days f rom the beginning of an investigation. " It is our understanding 
that the information provided regarding "no later than 60 days " is a technical mistake, 
thus Article 15.2 is in full compliance with Article 7.3 of the WTO Anti -dumping Agreement.  
Question 6  
Paragraph 6 of Article 20 indicates that the Investigating Authority will, upon deciding to 
initiate an investigation, publish that information on its webpage.  
• Please provide the web address where initiation information will be published.  
• Please identify what other information relating to investigations will be 
published on the Investigating Authority's webpage. For example, does the 
Authority plan to provide announcements of preliminary and final 
determinations? Will the webpage provide links to public versions of 
determinations and other documents?  
• How long will published documents in a particular investigation remain on the 
webpage?  
Reply : 
Article 20  
• The information regarding the investigation will be published on the website of the  
Georgian Nat ional Competition Agency - https://competition.ge/antidumping/conclusion . 
• The Investigating Authority will publish information on the initiation  of investigation and 
the opinion submitted to the  Government of Georgia on the introduction, revision or 
elimination of a preliminary anti -dumping measure or a special anti -dumping tariff and on 
suspension of investigation and acceptance of an undertaking. A decision of the 
Government of Georgia regardin g the introduction, non -application, or revision of a 
preliminary/special anti -dumping measure or price undertakings will be  published on the 
website of the Georgian National Competition Agency - 
https://competition.ge/antidumping/decision . 
• The published documents in a particular investigation will remain on the official website in 
a permanent manner.  
Question 7  
In Article 22, Georgia states that "the investigating authority is entitled to request the 
non-confidential version of the confidential information provided by the interested party."  
• Please clarify whether the Investigating Authority will require interested parties 
providing confidential information to furnish non -confidential summaries thereof 
as provided for in Article 6.5.1 of the WTO Anti -dumping Agreement.  
• Please specify whether required non -confidential summaries will be made 
available to other interested parties.  G/ADP/Q1/GEO/2 • G/SCM/Q1/GEO/2  
 
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  Reply : 
Article 22  
• As provided for in Article 6.5.1 of the WTO Anti -dumping Agreement and in Article 22.2 of 
Georgia 's anti -dumping law, the Investigating Authority will request from the interested 
persons to provide non -confidential version of the confidential information that shall be in 
sufficient detail to  permit a reasonable understanding of the substance of the submitted 
confidential information. In case the interested person states that the submission of 
confidential information is impossible in a non -confidential manner, a statement of reasons 
must be p rovided.  
• In accordance with the WTO principles, upon request of interested persons, information 
provided by any person will be made available to them promptly. In case of confidential 
information, non -confidential summaries will be provided.  
 
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