WORLD TRADE
ORGANIZATIONG/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
13 June 2002
(02-3300)
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
Replies of PAKISTAN1 to Questions from the
UNITED STATES2 and the EUROPEAN COMMUNITIES3
The following communication, dated 6 June 2002, has been received from the Permanent
Mission of Pakistan.
_______________
Please find enclosed a copy of the statement made by the Chairman National Tariff
Commission, Government of Pakistan, Islamabad in the Committee's meeting of April 2002 wherein
Pakistan's Anti-Dumping Legislation came under review.
* * * * *
1. I would like to take this opportunity to express Pakistan's appreciation for the questions raised
by the United States and the European Commission, received on 4 and 10 April respectively.  These
questions provide us with a welcome opportunity to elaborate on Pakistan's Anti-Dumping Duties
Ordinance 2000.
2. Pakistan's trade remedy laws were framed in context of the country's WTO commitments.
Care has been taken that these laws are not inconsistent with the respective WTO legal texts.
Pakistan's laws also take into account Pakistan's legal system and lexicon, in particular concerning the
elements to be included in a statute and others that come within the ambit of rules.
3. Questions raised pertain generally to issues that are the subject of Anti-Dumping Duties Rules
made under Pakistan Anti-Dumping Duties Ordinance 2000.  These Anti-Dumping Duties Rules have
now been given legal force in Pakistan and are also being notified to the WTO.
4. Nevertheless I shall briefly respond to the specific questions raised by the US delegation.  I
shall also respond to the specific question put by the European Communities.
                                                     
1 G/ADP/N/1/PAK/2
2 G/ADP/Q1/PAK/2-G/SCM/Q1/PAK/2
3 G/ADP/Q1/EEC/3-G/SCM/Q1/PAK/3G/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 2
Questions from the United States
Q1. Article 2(d) of Pakistan’s Anti-Dumping Duties Ordinance, Part VI (“Pakistan’s AD
Law”) defines the term “domestic industry” and describes the criteria for when a domesticindustry may be divided into two or more competitive markets.  Article 4.1(ii) of the AD
Agreement states that, when an authority condu cts a regional industry analysis, it may find
injury to exist when there is a concentration of dumped imports into the regional market and
“the dumped imports are causing injury to the producers of all or almost all of the production
within such market”.  How does Pakistan  intend to implement these requirements?
Reply
Section 2(d) and section 15(5) of the Pakistan AD law has been drafted with Article 4.1(ii) of
the AD Agreement in view.  Pakistan will have regard to Article 4.1(ii) in applying its Anti-Dumping
Duties Ordinance 2000.
Q2. Article 10(2)(b) of Pakistan’s AD Law states that “if the imported products are not
resold to an independent buyer, or not resold in the condition as imported”, CEP may be used
“on such reasonable basis as the Commission may determine”.  What criteria will Pakistan use
to determine whether goods are resold in the same condition in which they were imported?
How will Pakistan calculate the adjustment necessary for comparing further manufactured
goods to non-identical goods sold in the home market?
Reply
In situations where export price is to be constructed (CEP), the importers will be requested to
provide data/information on whether the imported products have been sold without any further
processing or whether any value addition has taken place to determine any adjustments that may have
to be made on that account in the price charged from an independent buyer.
Q3. Article 19 of Pakistan’s AD Law lists the criteria that the National Tariff Commission is
to consider in making a determination of threat of material injury.  Under Article 3.7 of the AD
Agreement, a determination of a threat of material injury should be based on facts and notmere conjecture.  Pakistan AD Law does not specifically contain such language.  How does
Pakistan intend to implement this requirement?
Reply
While making a determination of threat of material injury to domestic industry due
consideration will be given to the facts including all relevant factors mentioned in Article 3.7.4 of
WTO Agreement on Implementation of Article VI of GATT 1994.
Q4. Article 35 of Pakistan’s AD Law addresses information needed for an investigation and
indicates only that such information may be soli cited, gathered, obtained, verified, accepted and
rejected “in such manner as may be prescribed”.  Have further measures been issued
prescribing how information will be solicite d, gathered, obtained, verified, accepted and
rejected?  Please describe the manner in which Pakistan’s investigative procedures address the
requirements of Articles 6.1 (including sub-paragraphs), 6.2 through 6.4, and 6.6 through 6.9 ofthe AD Agreement.G/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 3
Reply
The manner in which information will be solicited, gathered, obtained, verified, accepted and
rejected has been prescribed in Rule 8 of the Pakistan Anti-Dumping Duties Rules 2001.
Rule 8 Public file to be maintained for interested party and access thereto.
The Commission shall solicit, gather, obtain, accept and reject information for the purposes of
an investigation under section 35 of the Ordinance in accordance with the following, namely:
(a) upon initiation of an investigation, the Commission shall send questionnaires to any person
they believe may have information relevant to an investigation, including known domestic
producers, importers, exporters and foreign producers and, such questionnaires may require
such information, as the Commission deems necessary;
(b) the Commission shall give exporters and foreign producers receiving a questionnaire at least
thirty days for reply and the time-limit 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 or transmitted to the appropriate diplomatic or
official representative of an exporting country;  provided that the Commission shall give due
consideration to any request for an extension of such thirty day period, and shall grant anextension whenever practicable, upon good cause shown, taking into account the time limits
for an investigation;
(c) the Commission may disregard any reply to a questionnaire, which is not submitted within the
time provided and in the form requested;
(d) the Commission may, during the course of an investigation, request further information from
interested parties, in the form of supplementary questionnaires, or written requests for
clarification or additional information and such requests shall state the date by which reply is
due and sufficient time shall be granted by the Commission in order to allow meaningful
replies;
(e) any interested party may, on its own initia tive, submit to the Commission, in writing, any
information it considers relevant to an investigation and the Commission shall consider such
information unless such consideration woul d be unduly burdensome to the Commission or
disrupt the timely progress of an investigation:
Provided that any voluntary submission of fact ual information relevant to the determination
of dumping or injury shall be submitted to the Commission in writing prior to the date of preliminary
determination;  and
(f) the Commission shall allow industrial users of an investigated product in Pakistan, and
representative consumer organizations in cases where an investigated product is commonly
sold at the retail level in Pakistan, to provid e information concerning matters relevant to an
investigation regarding dumping and injury and such information shall be provided to the
Commission in writing.
Q5. Under 6.8 of the AD Agreement, an authority is permitted to make determinations on
the basis of the facts available (assuming that th e requirements of Annex II are also met), when,
among other things, an interested party does not provide necessary information “within a
reasonable period of time”.  Art. 32(1)(a) implemen ts this by referring to failure to provide suchG/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 4
information “within the period of time as may be prescribed”.  Has Pakistan issued further
regulations governing what the “prescribed” period of time will be?
Reply
The time periods for submission of necessary information have been prescribed in Rule 8(b),
and (d) (see serial no. 4 above) and Rule 9 of Pakistan Anti-Dumping Duties Rules 2001.
Rule 9 Preliminary written arguments
Not later than fifteen days before the scheduled date of preliminary determination, interested
parties may submit written arguments to the Commission concerning any matter relevant to an
investigation.
Q6. Article 33 of Pakistan’s AD Law states that the National Tariff Commission shall allow
all interested parties the opportunity to see submitted information that is not confidential and isrelevant to their case.  Article 6.9 of the AD Agreement provides that “[t]he authorities shall,
before a final determination is made, inform all interested parties of the essential facts under
consideration which form the basis for the decision whether to apply definitive measures.  Such
disclosure should take place in sufficient time for the parties to defend their interests”.  How
does Pakistan intend to implement this requi rement?  On what basis will the Commission
determine whether a particular item of non-confidential information is “relevant” to the case of
a particular party?
Reply
There are two parts of this question.  Part 1 relates to the provision of opportunity to all
interested parties to see information that is non-confidential.  The interested party concerned will itself
determine which particular item of non-confidential information is "relevant" to the presentation of
their case.
Part 2 relates to informing all interested partie s of the essential facts under consideration that
form the basis for any decision on whether to apply definitive measures.  Rule 16 of Pakistan Anti-Dumping Duties Rules 2001 contains the provision of such opportunity.
Rule 16 Disclosure after final determination
After the final determination has been issued, the Commission shall, on request made within
fifteen days of the publication of the notice of final determination, hold separate disclosure meetings
with exporters or producers requesting such a meeting, to explain the dumping calculation
methodology finally applied for that exporter or  producer.  The Commission shall provide an
opportunity to the exporters or producers or their legal representatives to examine and receive copies
of the dumping calculations done by the Commission for their exports to Pakistan.
7. Does the National Tariff Commission permit confidential information to be disclosed
pursuant to a protective order, as authorized by footnote 17 to Article 6.5 of the AD
Agreement?
Reply
Section 31 of the Pakistan AD Law does not allow disclosure of confidential information in
any event whatsoever.G/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 5
Q8. Article 38 of Pakistan’s AD Law permits interested parties to submit written arguments
to the National Tariff Commission “in such a form and manner and within such time as may be
prescribed”.  Article 6.2 of the AD Agreement states that all interested parties shall bepermitted, but not required, to meet “those part ies with adverse interests, so that opposing
views may be presented and rebuttal arguments offered”.  Interested parties also have the right
to present other information orally, if justified, under Article 6.2 of the AD Agreement.  How
does Pakistan intend to implement this requirement?
Reply
Rule 14 of the Pakistan Anti-Dumping Duties Rules 2001 provides for the holding of a
meeting with parties having adverse interests, so that opposing views may be presented.  Rule 14(7)
of the Pakistan Anti-Dumping Duties Rules 2001 follows the provisions of Article 6.2 of the AD
Agreement.
Rule 14 Procedure for a hearing
(1) The Commission shall, upon request by an interested party made not later than thirty days
after publication of a notice of preliminary determination, hold a hearing at which all interested
parties may present information and arguments:
Provided that such a hearing shall be held  not later than sixty days prior to the date
proposed for final determination .
(2) There shall be no obligation on any interested party to attend a hearing, and failure to do so
shall not be prejudicial to that interested party's case.
(3) A hearing shall to the maximum extent possible, be organized by the Commission so as to
take into account the convenience of the interested parties.
(4) Interested parties intending to appear at a hearing shall notify the Commission of the names of
representatives and witnesses who shall appear at a hearing at least seven days before the date of thehearing.
(5) A hearing shall be organized in such manner so as to ensure that all parties participating have
an adequate opportunity to present their views.
(6) The Secretary to the Commission shall maintain a record of the hearing, which subject to the
requirement to protect confidential information under section 31 of the Ordinance be promptly placed
in the public file to be maintained under rule 7.
(7) Interested parties shall also have the right, on justification, to present other information orally
to the Commission during meetings with officials of the Commission.
Provided that such information shall be only taken into consideration by the Commission if
such information is confirmed in writing to the Commission and made available to other interested
parties.  Such information shall be deemed to have been made available to third parties upon it beingplaced by the Commission in the public file to be maintained under rule 7.
(8) After a hearing has been held and the Commission has completed verification of information
collected in the course of an investigation and, in any event, at least thirty days before the proposedG/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 6
date for final determination, the Commission shall info rm all interested parties, in writing subject to
the requirement to protect confidential information under section 31 of the Ordinance, of the essential
facts under consideration which shall form the basis of a decision whether to apply definitive
measures under the Ordinance:
Provided that such information shall not indicate whether a final determination is affirmative
or negative.
(9) Interested parties may submit comments, if any, on the information disclosed to them by the
Commission pursuant to sub-rule (8), in writing, not later than fifteen days of such disclosure by the
Commission.
Q9. Article 37(2) of Pakistan’s AD Law states that the notice of preliminary determination
issued by the National Tariff Commission shall “set forth in sufficient detail the findings and
conclusions reached on all issues of fact and law considered material.  Such notice of
preliminary determination may also contain such other information as may be prescribed.”Article 12.2.1(i) through (v) of the AD Agreement sets forth the information that the notice of
preliminary determination should specifically co ntain.  How does Pakistan intend to implement
these requirements, which are not referenced in its AD Laws?
Reply
Rule 10 of Pakistan Anti-Dumping Duties Rules 2001 prescribes the information contained in
the notice of preliminary determination.
Rule 10 Disclosure in notice of preliminary determination
The notice of preliminary determination referred to in sub-section (2) of section 37 of the
Ordinance notice shall also contain the following information, namely:
(a) the names of the known exporters and producers of an investigated product;(b) description of an investigated product which is sufficient for customs purposes,
including the current customs tariff classification number as contained in the First
Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin, if any, found to exist and the basis for such
determination including a description of the methodology used in determining normalvalue, export price, and any adjustments made in comparing the two;
(d) if the method of comparison as provided for in sub-section (2) of section 12 of the
Ordinance was used, the explanation required under clause (b) of sub-section (2) of
section 12 of the Ordinance;
(e) if the Commission declined to determine an individual dumping margin on the basis
of voluntary responses as provided for in sub-section (4) of section 14 of the
Ordinance, the basis for that decision;
(f) the factors that have led to the determination of injury including information on
factors other than dumped imports that have been taken into account;  andG/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 7
(g) the amount of any provisional measures to be applied and the reasons why such
provisional measures are necessary to prevent injury caused during an investigation.
Q10. Articles 39(3) and 39(4)(a) through (c) of  Pakistan’s AD Law provide that the National
Tariff Commission must specify certain information in its notice of final determination.
Article 12.2.2 of the AD Agreement states that the notice of final determination shall contain the
information set forth in Article 12.2.1 as well as “the reasons for the acceptance or rejection of
relevant arguments or claims made by the exporters and importers, and the basis for any
decisions made under subparagraph 10.2 of Article 6”.  How does Pakistan intend to implement
the requirements of Article 12.2.2?
Reply
Rule 15 of Pakistan Anti-Dumping Duties Rules 2001 prescribes the information contained in
the notice of final determination.
Rule 15 Disclosure in the notice of final determination
The notice of final determination provided for in sub-section (3) of section 39 of the
Ordinance shall, in addition to the information re quired under the Ordinance, contain the following
information, namely:
(a) the names of the known exporters and producers of an investigated product;(b) description of an investigated product which is sufficient for customs purposes,
including the current tariff classification number as contained in the First Schedule tothe Customs Act, 1969 (IV of 1969);
(c) if a dumping margin has been calculated, a description of the methodology used in
determining normal value, export price, an d any adjustments made in comparing the
two;
(d) if the method of comparison provided for in sub-section (2) of section 12 of the
Ordinance was used, the explanation required under clause (h) of sub-section (2) of
section 12 of the Ordinance;
(e) if the Commission declined to determine an individual dumping margin on the basis
of voluntary responses, as provided for in sub-section (4) of section 14 of theOrdinance, the basis for that decision;
(f) the factors that have led to the determin ation of injury within the meaning of the
Ordinance including information on factors other than dumped imports that have been
taken into account;
(g) any other reasons leading to final determination;  and(h) the reasons for the acceptance or rejection of relevant arguments or claims made by
exporters and importers.
Q11. Article 12.2 of the AD Agreement provides that the published notice of the decision to
accept an undertaking shall set forth certain detail s, including the items listed in Article 12.2.1
(i)-(v).  Article 47(6) of Pakistan’s AD Law states that such notices “shall contain such furtherG/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 8
information as may be prescribed”.  Have such further regulations been issued?  How will
Pakistan ensure that the provisions of Article 12.2.1 of the AD Agreement will be met?
Reply
Rule 18 of Pakistan Anti-Dumping Duties Rules 2001 prescribes the information contained in
the notice of acceptance of price undertaking.
Rule 18 Disclosure in notice of acceptance of price undertaking
The notice of acceptance by the Commission of a price undertaking referred to in sub-
section (6) of section 47 of the Ordinance shall also contain the following information, namely:
(a) the names of the suppliers of an investigated product or where this is impractical the
supplying countries involved;
(b) description of an investigated product which is sufficient for customs purposes,
including the current customs tariff classification number as contained in the First
Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin found to exist and the basis for such determination
including a description of the methodology used in determining normal value, export
price, and any adjustments made in comparing the two;
(d) the factors that have led to the determination of injury including information on
factors other than dumped imports that have been taken into account;  and
(e) the main reasons leading to the acceptance by the Commission of price undertaking.
Q12. Article 8.6 of the AD Agreement provides  that, “[i]n case of violation of an
undertaking,” a Member may immediately apply provisional measures based on the best
information available.  Art. 49 of Pakistan’s AD Law provides that if an undertaking “is
violated or deemed to be violated”, the Comm ission may take such actions.   Under what
circumstances would Pakistan rely on th e “deemed violated” standard in its law?
Reply
This point is being considered by counsel and if necessary a rule defining the deeming
circumstances would be made.
Q13. Articles 52(2) and (3) of Pakistan’s AD Law address refund reviews and indicate that an
application for such a review  “shall contain such information as may be prescribed”.  Has
Pakistan identified the information required to request a refund review?
Reply
Rule 17 of Pakistan Anti-Dumping Duties Rules 2001 has identified the information required
in an application for refund under Section 52(2) of the Pakistan AD Law.G/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 9
Rule 17 Disclosure in application for refund of anti-dumping duties collected
(1) An application under sub-section (2) of section 52 of the Ordinance for refund of
anti-dumping duties collected shall contain the following information, namely:
(a) the amount of refund of anti-dumping duties claimed for the period;(b) all customs documentation relating to calculation and payment of such amount;  and(c) sufficient information to enable the Commission to calculate normal value and export
price for the period for which the refund is requested.
(2) Where an importer is not associated with a producer or an exporter and such
information is not immediately available, or where the producer or the exporter is unwilling to release
it to an importer, the application under sub-section (2) of section 52 of the Ordinance shall contain a
statement from the producer or exporter that the dumping margin has been reduced or eliminated andthat the relevant supporting evidence shall be directly provided to the Commission:
Provided that where such evidence is not forthcoming in a complete form from the exporter or
producer within a reasonable period of time, as determined by the Commission, the application shall
be rejected by the Commission.
Q14. Article 64 of Pakistan’s AD Law provides for an Appellate Tribunal to review anti-
dumping cases.  Has this Appellate Tribunal been  established?   Have any further procedures
for its operations been prescribed?  What steps have been taken to ensure that such tribunal is
independent of the authorities responsible for an ti-dumping determinations?  What is meant by
the provision in Article 64 (7) that the tribunal shall hear appeals “from day to day”?
Reply
The Appellate Tribunal is being established by the Federal Government and it will be
independent of the authorities responsible for anti-dumping determinations.
The meaning of the words "from day to day" is that the Tribunal shall hear the appeals
continuously without break.
Q15. Article 65 of Pakistan’s AD Law provides that the Appellate Tribunal may compel
document production and otherwise gather evidence.  When would the Appellate Tribunalconduct its own examination of facts beyond the record of the case before it?
Reply
Section 65(b) of the Pakistan AD Law gives the Tribunal the powers of a Civil court and
explains the relevant powers such a provision is commonplace in the context of quasi-judicial
tribunals in Pakistan's legal system.  The general powers are in context of Section 66.
Section 66 of the Pakistan AD Law states that "the Appellate Tribunal may call for and
examine the official records of an investig ation conducted by the Commission and any other
information or documents relied upon by the Commission in reaching a determination appealed
against for the purpose of satisfying itself as to the legality or propriety of an impugned determination
of the Commission".  The Tribunal will neither conduct a fresh investigation nor gather any new
evidence.G/ADP/Q1/PAK/4
G/SCM/Q1/PAK/4
Page 10
Question from the European Community
Could Pakistan please indicate to which countries Article 9 of the Pakistan Anti-
Dumping Legislation applies
Reply
While preparing its Anti-Dumping Legislation Pakistan was keen to appropriately reflect as
best as possible the provisions of the Agreement on Implementation of Article VI of GATT 1994.
The provision relating to non-market economy c ountries in Pakistan's anti-dumping law closely
follows the corresponding provision in Article VI of GATT 1994.
__________