. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/CHL/1
G/SCM/Q1/CHL/1
26 October 2000
(00-4475)
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 BRAZIL
Regarding the Notification of CHILE1
The following communication, dated 25 October 2000, has been received from the Permanent
Mission of Brazil.
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1. Art. 11 of Law 18.525 establishes that:
“(The Commission) shall report the opening and subject of an investigation within
five working days after the complaint has been duly lodged, by means of a notice
published in the Diario Oficial.”
Could Chile clarify if the above timetable is also applicable when opening a subsidies
investigation? In this case, when should the consultations of Article 13.1 of the SCM Agreement be
held?
2. Article 11 of Law 18.525 establishes that:
“...Within 30 days from the date of su ch notice, the Commission shall receive
whatever information interested parties wish to submit and request any reports it
considers necessary.”
Bearing in mind Art. 6.1 of the Anti-Dumping Agreement, which reads:“6.1. All interested parties in an anti-dumping investigation shall be given notice of
the information which the authorities require and ample opportunity to present in
writing all evidence which they consider relevant in respect of the investigation in
question.
                                                     
1 G/ADP/N/1/CHL/2-G/SCM/N/1/CHL/2G/ADP/Q1/CHL/1
G/SCM/Q1/CHL/1
Page 2
6.1.1. Exporters or foreign producers receiving questionnaires used
in an anti-dumping investigation shall be given at least 30 days for
reply.15  Due consideration should be given to any request for an
extension of the 30-day period and, upon cause shown, such anextension should be granted whenever practicable.”
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15 As a general rule, the time-limit for exporters shall be counted from the
date of receipt  of the questionnaire, which for this purpose shall be deemed to have
been received one week from the date on which it was sent to the respondent ortransmitted to the appropriate diplomatic representative or the exporting Member,
or, in the case of a separate customs territory Member of the WTO, an official
representative of the exporting territory.”
as well as Article 12.1 of the SCM Agreement, could Chile clarify how Art. 11 of Law 18.525 does
not violate the above mentioned provisions of the WTO Agreements?
Since the interested parties presumably do not receive the questionnaires at the date the notice
is published in the Diario Oficial , wouldn’t they have less time to respond to the questionnaires than
that established in the above-mentioned provisions of the WTO Agreements?
3. Art. 11, Law 18.525 establishes that:
“(...) Within a maximum period of 90 days from the date of publication of the notice
in the Diario Oficial, the Commission shall make a decision on the facts underinvestigation on the basis of the information in its possession.”
Could Chile clarify if the above-referenced notice is the one concerning the opening of the
investigation (this is the only notice mentioned in Article 11)?
Could Chile clarify if the above-mentioned “decision” is the final determination in anti-
dumping or subsidies investigations?  What would then be the timetable for these investigations?Wouldn’t the timetable be so tight as to render co mpletely ineffective the participation of the foreign
producers/exporters or of the governments of the exporting countries?
When would the interested parties be informed of the “essential facts under consideration”
mentioned in Articles 6.9 of the Anti-Dumping Agreement and 12.8 of the SCM Agreement?
4. Article 11 of Law 18.525 also establishes that:
“Before delivering the decision referred to in the preceding paragraph and at any
stage in the investigation, the Commission may request the President of the Republic,through the Minister for Finance, to establish within a period of 60 days provisional
surcharges, anti-dumping or countervailing duties or minimum customs value...”
Since the time period referred in the “preceding paragraph” is 90 days counting from the
publication of the public notice announcing the opening of the investigation, could Chile clarify if itslegislation allows for the application of provisional duties before 60 days from the date of the opening
of investigation?  In case of an affirmative answer, how would this provision of the national
legislation not violate Articles 7.3 of the Anti-Dumping Agreement and 17.3 of the SCM Agreement?
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