RESTRICTED
WORLD TRADE G/ADP/Q1/ISR/9
G/SCM/Q1/ISR/9
ORGANIZATION 20March 1998
(98-1146)
Original: English Committee onAnti-Dumping Practices
Committee onSubsidies andCountervailing Measures
NOTIFICATION OFLAWS AND REGULATIONS UNDER
ARTICLES 18.5AND 32.6OFTHE AGREEMENTS
Follow-up Questions from TURKEY
toISRAEL1
Thefollowing communication, dated 13March 1998, hasbeenreceived fromthePermanent
Mission ofTurkey.
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Firstly, itisdeemed useful torecall some ofthequestions posed toIsrael previously.
Q. Incases where there arenorelevant provisions inthedomestic legislation,does theWTO
Agreement apply?
Inresponse tothisquestion Israeli authorities provided that:
"...Duetothelanguage ofthecurrent Law, inpractice theAuthorities follow, tothe
extent possible, theprovisions oftheAgreements."
Q. Iftheprovisions oftheexisting domestic legislation donotconform totheWTO
Agreement, dotheprovisions oftheWTO Agreement apply?
Inresponse tothisquestion Israeli authorities provided that:
"...according totheIsraeli legal system inthecase, ...,ofadirect contradiction
between theAgreement andtheLaw, theprovisions ofthedomestic legislation would
override ..."
Document G/ADP/Q1/ISR/8-G/SCM/Q1/ISR/8 dated 15October 1997, Replies toQuestions
posed byTurkey:
Q. Couldyoupleaseprovideinformationonthemaximumdurationoftheprovisionalmeasures
andanti-dumping investigations?
1G/ADP/N/1/ISR/2-G/SCM/N/1/ISR/2
./.G/ADP/Q1/ISR/9
G/SCM/Q1/ISR/9
Page2
Inresponse tothisquestion Israeli authorities provided that:
"According tothepresent Law, theprovisional measure, which takes theform ofa
temporary security, isreturned totheimporter aftersixmonths from thedateofits
application onaspecific shipment ofthegoods under investigation, ifbythatdateno
finaldutyhasbeenimposed. Consequently, ifalevyisactually imposed, thesecurity
iscollected onlyforthesixmonth period immediately prior totheimposition ofthe
dutyinwhich thesecurity applied.
Although notimelimitisexpressly imposed inthepresent Lawfortheduration of
aninvestigation, every effort isbeing made onthepartoftheauthorities tocomply
withthetimelimits asprovided forintheAnti-Dumping Agreement."
With theabove points inmind, Turkish authorities havethefollowing questions:
Q.1. According toArticle 5.10 oftheWTO Anti-Dumping Agreement (A-D Agreement),
"investigations shall, except inspecial circumstances, beconcluded within oneyear, andinnocase
more than18months, aftertheirinitiation."
AsIsraeli authorities acknowledged thatnotimelimitexpressly imposed inthepresent Law
fortheduration ofinvestigation, Turkish authorities would liketoknow further whether Article 5.10
oftheA-DAgreement isobserved inpractice?
Since theIsraeli Lawissilent ontheduration ofanti-dumping investigations, Article 5.10of
theA-DAgreement should befollowed inpractice.
Q.2. (a) Could Israeli authorities provide information ontheinitiation datesofthecurrent anti-
dumping investigations inprogress which havebeeninitiated inaccordance withthe
Tokyo Round Anti-Dumping Code? Arethere anyprovisional measures currently
imposed within thecontext ofthose investigations?
(b) Could Israeli authorities provide information ontheinitiation datesofthecurrent anti-
dumping investigations inprogress which havebeeninitiated inaccordance withthe
A-DAgreement? Arethere anyprovisional measures currently imposed within the
context ofthose investigations?
Q.3. Could Israeli authorities explain whether itispossible torepeat provisional measures following
itsexpiry aftersixmonths from thedateofitsapplication iftheinvestigation isnotcompleted yet?
Ifyes,howmany times, towhatextent andwhich provisions ofIsraeli anti-dumping legislation govern
thisissue?
Turkish authorities consider thatsincetheIsraeli Lawissilent onthisissue, theA-DAgreement
should befollowed inpractice.
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