./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/CZE/2
G/SCM/Q1/CZE/2
13 April 1999
(99-1479)
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 UNITED STATES
Regarding the Notification of the CZECH REPUBLIC1
The following communication, dated 8 April 1999, has been received from the Permanent
Mission of the United States.
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1. No provision in the Czech law refers to analysis of threat of material injury.  Does the Czech
Republic engage in threat analysis?  If so, what fa ctors are considered? Does any section of Czech law
implement Article 3.7 of the AD Agreement?
2. Section 7(a) of the Czech law does not state what factors the investigating authority is to
examine in analyzing the volume of dumped imports.  How does the Czech Republic implement the
requirement of Article 3.2 of the AD Agreement that  “the investigating authorities shall consider
whether there has been a significant increase in dumped imports, either in absolute terms or relative to
production or consumption in the importing Member?”
3. Section 7(a) of the Czech law also does not state what factors the investigating authority is to
examine in analyzing the price effects of dumped imports.  How does the Czech Republic implement
the requirement of Article 3.2 of the AD Agreement that “the investigating authorities shall consider
whether there has been a significant price undercutting by the dumped imports as compared with the
price of a like product of the importing Member, or whether the effect of such imports is otherwise to
depress prices to a significant degree or prevent price increases, which otherwise would haveoccurred, to a significant degree?”
4. Section 8(1) of the Czech law requires only that one filing an antidumping petition be “[a]
natural or legal person with the place of business on the territory of the Czech Republic.” Is there any
further limitation on who may file petitions?  How is Section 8(1) of the Czech law consistent withArticle 5.1 of the AD Agreement, which requires th at an application for antidumping measures be
filed “on behalf of the domestic industry?”
5. Section 10(1) of the Czech law apparently allows initiation of an investigation if the Ministry
has evidence of dumped products.
(a) If this is referring only to investigations initiated by the Ministry’s own initiative,
how does this provision satisfy Article 5.6 of the AD Agreement, which requires
evidence of injury and causation as well?
                                                     
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(b) If this section is referring to the initia tion of any investigation, how is Section 10(1)
consistent with the requirement of Article 5.2 of the AD Agreement than an
application must include evidence of injury and causation?  How is Section 10.1consistent with the requirement of Article 5.3 of the AD Agreement that the
authorities must examine the adequacy and accuracy of the injury allegations?
6. Section 19(1) of the Czech law appears to permit imposition of provisional antidumping
duties without prior comment of the parties.  Ho w is this consistent with Article 7.1 of the AD
Agreement?
7. Does Section 20(1) of the Czech law, like Article 8.2 of the AD Agreement, require that a
preliminary affirmative decision regarding dumping and injury be made before a price undertaking
may be sought or accepted?
8. Section 32(2) of the Czech law appears to make extending a duty or an undertaking
mandatory if the exporters do not offer evidence to the contrary.  How is this consistent with
Article 11.3 of the AD agreement, which states that an antidumping duty will be terminated after five
years unless there is a determination that expiry of the review will lead to continuation or recurrence
of dumping and injury?
9. Does Section 32(3) of the Czech law allow an undertaking or duty to be extended for more
than five years without subsequent review?  Is s o, how is this consistent with Article 11.3 of the AD
Agreement?
10. Does the Czech law authorize a regional industry analysis, as described in Article 4.1(ii) of
the AD Agreement?
11. Does the Czech Republic engage in cumulative analysis when imports from more than one
country are simultaneously subject to investigation, as authorized by Article 3.3 of the AD
Agreement?  If so, what criteria are applied?
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