. /.WORLD TRADE
ORGANIZATIONG/ADP/Q1/DOM/2
G/SCM/Q1/DOM/2
10 April 2003
(03-1980)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by the UNITED STATES
Regarding the Notification of the DOMINICAN REPUBLIC1
The following communication, dated 9 April 2003, has been received from the Permanent
Mission of the United States.
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1. Article 6, Paragraph of the Law on Unfair Trade Practices and Safeguard Measures of the
Dominican Republic (“AD/CVD Law”) references “a dministrative or other legislation” of the
Dominican Republic relating to procedural and other matters.  Is there any administrative or other
legislation relevant to the administration of the AD/CVD Law and, if so, will the Dominican Republic
notify it to the Committee?
2. Article 10(a) of the AD/CVD Law refers to the use of third country prices to establish normal
value and indicates that the authorities will use the “highest, representative and comparable price.”
How is this provision consistent with the requirements of Article 2.2 of the AD Agreement?
3. Articles 18 and 19 of the AD/ CVD Law define the terms “material injury” and “threat of
injury”, respectively.  However, the AD/CVD Law uses  the term “injury” in several of its provisions
(i.e. Article 21(c), Article 27, Article 32(b), Article 45), and this term does not appear to be defined in
the law.  Does the term “injury” in those articles mean the same thing as the terms “material injury” or“threat of injury” as defined in Articles 18 and 19?
4. Articles 20, 21, 23, 26, 27, and 32 of the AD/CV D Law list factors that the Commission for
the Regulation of Unfair Trade Practices and Safeguard Measures (“the Commission”) is to consider
and/or findings the Commission is required to make when making certain determinations inantidumping and countervailing duty cases.  Must the Commission consider all listed factors and/or
make all listed findings or is the consideration or finding of just one or a few of the listed items
sufficient?
5. Article 21 of the AD/CVD Law states that antidumping and countervailing duties may be
imposed on imports when the Commission determines that imports are being sold in the Dominican
Republic at prices lower than those of the domestic like product and the imports have in some way
depressed or suppressed domestic prices.  Is the standard articulated in Article 21 intended to be thesame standard articulated in Article 3.2 of the AD Agreement and Article 15.2 of the SCM
Agreement?
                                                     
1 G/ADP/N/1/DOM/3-G/SCM/N/1/DOM/2-G/SG/N/1/DOM/2.G/ADP/Q1/DOM/2
G/SCM/Q1/DOM/2
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6. Article 22 of the AD/CVD Law lists factors that the Commission should examine in
determining the impact of the dumped or subsidized imports on the domestic industry, but does not
mention two factors listed in Article 3.4 of the AD Agreement and Article 15.4 of the SCMAgreement (the actual and potential negative effects on wages and growth).  Article 22 also does not
mention evaluation of the magnitude of the dumping margin in antidumping investigations, as
required by Article 3.4, and evaluation of any increase in the burden on government support
programmes in subsidy cases involving agricultural products, as required by Article 15.4.  How does
the Dominican Republic intend to address these requirements of Articles 3.4 and 15.4?
7. Article 35 of the AD/CVD Law refers to the possibility of self-initiation by the authorities.  Is
the language of that provision intended to provide that “clear evidence of fragmentation of domestic
production” is always an exceptional or special circumstance that would justify initiation without an
application?
8. Article 41 of the AD/CVD Law lists the criteria for terminating an investigation, but no
conjunctions follow the individual criteria.  Does Article 41 require that both criteria must be found
before an investigation will be terminated?  If yes, how is this provision consistent with the
requirements of Article 5.8 of the AD Agreement?
9. There do not appear to be any provisions in the AD/CVD law relating to providing interested
parties with the opportunity to defend their interests by meeting with the opposing parties and
providing written and oral information in support of their interests.  In addition, there do not appear to
be provisions providing for the disclosure of the essential facts that will form the basis of a final
determination in sufficient time for the parties to defend their interests.  How does the Dominican
Republic intend to implement the requirements of Articles 6.2 and 6.9 of the AD Agreement andArticles 12.1, 12.2, and 12.9 of the SCM Agreement?
10. How does the Dominican Republic intend to implement the notice requirements of
Article 12.2 of the AD Agreement and Article 22.3 of the SCM Agreement with respect to public
notice of preliminary determinations?
11. Article 47 of the AD/CVD law provides that final resolutions by the Commission shall be
enforceable, “regardless of any appeal.”  The AD/ CVD law did not appear to provide for judicial or
other appeal of any final resolutions.  Are there other provisions of law that define the bases for
appeal and, if so, what are they?  Also, what is the legal effect of a successful appeal?
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