RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/THA/16
G/SCM/Q1/THA/16
16 May 2000
(00-1998)
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 THAILAND to Questions from
ARGENTINA1, CANADA2, EUROPEAN COMMUNITIES3
and the UNITED STATES4
The following communication, dated 9 May 2000, has been received from the Permanent
Mission of Thailand.
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Replies to Argentina
Q1. Article 10, in referring to petitions for anti-dumping investigations, countervailing
investigations, undertakings, etc., says that the Ministry of Commerce is authorized to issue
notifications prescribing fees or expenses in the amount commensurable to such tasks.
The Government of Thailand is asked to clarify whether this means that the procedure
is not free of charge for domestic producers.  If so, are other parties wishing to take part in theinvestigation required to pay something?
Reply
The Thai authorities have determined that th ere is presently no requirement for issuing such
notifications.  Therefore, there are currently no fees or expenses in application in connection with
petitions and other information requests.
Q2. Article 31 sets out a situation where, after the publication of the notice of initiation, "if
there are reasonable grounds to believe that eventually the final anti-dumping duty may be
collected retroactively prior to the date of application of provisional measures, the Committee
may assign the Customs Department to impose a duty on the subject merchandise imported
during such period".
Could the Government of Thailand clarify whether this rule relates to Article 10.6 of the
Anti-Dumping Agreement?
                                                     
1 G/ADP/Q1/THA/15-G/SCM/Q1/THA/15
2 G/ADP/Q1/THA/13-G/SCM/Q1/THA/13
3 G/ADP/Q1/THA/12-G/SCM/Q1/THA/14
4 G/ADP/Q1/THA/14-G/SCM/Q1/THA/12G/ADP/Q1/THA/16
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At what point "After the publication of the notice of initiation" can the authority apply
this article?
How does this article tie in with the terms of Article 42 of the same Act?
On the basis of what information is a determination made that there are reasonable
grounds to believe that eventually the final anti-dumping duty may be collected retroactively?
Reply
Article 31 is not directly related to Article 10.6 of the A-D Agreement.  The conditions of a
retroactive assessment as prescribed in Article 10.6 of the A-D Agreement is reflected in Article 53 of
the Act.  In addition, there appears to be a translation error in the English text of the Act as notified.
the last phrase in the first sentence of Article 31 reads "… the Committee may assign the Customs
Department to impose a duty on the subject merchandise imported during such period".  The phrase
should instead read "… the Committee may assign the Customs Department to require a bond in
connection with the subject merchandise imported during such period".
Such requirement of a bond may be imposed after the initiation of the proceeding and before
the imposition of the preliminary measure as indicated in Article 42.  This imposition is applicableonly in instances where the condition of dumping as set forth in Article 53 is satisfied.  Also, the
mechanism set forth in Article 31 of the Act is consistent with Article 10.7 of the A-D Agreement.
Q3. Article 52 states that where a final determination of a threat of injury or material
retardation is made, the Committee may impose a duty only from the date of that determinationand any provisional duty imposed shall be reimbursed in an expeditious manner.
How does this tie in with Article 10.2 of the Anti-Dumping Agreement, regarding the
possibility of retroactively applying anti-dumping duties with a final determination of a threat
of injury for the period for which the provisional  measures have been applied, where the effect
of the imports would have led to a determination of injury if those provisional measures had not
been applied (possibility of retroactive applicatio n of definitive measures in the case of a threat
of injury).
Reply
Article 52 is not directly related to Article 10.2 of the A-D Agreement.  Article 10.2 of the A-
D Agreement is reflected in Article 51 of the Act wherein those concerns are addressed.
Replies to Canada
Q1. Section II, Article 15 of the Law, provides the methodology for the calculation of normal
values.  However, there is no provision which incorporates the requirements of footnotes 4 and 5
of Article 2.2.1 as well as Article 2.2.2 of the A-D Agreement.  How will the Thai authorities
implement these provisions of the Agreement?
Reply
The Act does not contain any provision inconsistent with Footnotes 4 and 5 of Article 2.2.1 or
Article 2.2.2.  By this Act, the Thai authorities are legally entitled to apply the conditions set forth inG/ADP/Q1/THA/16
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Footnoes 4 and 5 of Article 2.2.1 when considering sales below per unit costs.  With regard to
Article 2.2.2 of the A-D Agreement, we refer to our response to question number 4 by the
United States.
Q2. Section II, Article 16 of the Law, provides the methodology for the calculation of normal
values for countries designated as non-market economies.  What are the factors examined by
the Thai authorities before proceeding under this Article?
Reply
Before deciding to treat a country as a non-market economy as alluded to in GATT 1994,
Annex I to GATT 1947, Ad Article VI, Paragraph 1, item 2, the Thai authorities shall examine the
following factors:
2.1 the currency conversion regime;
2.2 the wage rate determinant;2.3 the degree of government control over the means of production, the allocation of
resources used in the production, the price and output decisions of that economic
entity;
2.4 the degree of government intervention affecting the allocation of capital;
2.5 the system of taxation;  including applicable rates of taxes, and other requirements to
cede profit or revenue to the government;
2.6 the degree and nature of restrictions of land use or ownership or both;
2.7 the degree and nature of government-provided incentives for export.
Q3. Do the Thai authorities feel that Sectio n II, Article 18 of the Law, provides enough
legislative authority to comply fully with the vario us elements of the fair comparison test as per
Article 2.4 of the A-D Agreement?  Will additional methodology be provided by regulation?
Reply
The Thai authorities believe that Section II, Article 18 of the Act provides enough legislative
authority to fully comply with the various elements of  the fair comparison test as per Article 2.4 of the
A-D agreement.  Also, by the legislative authority as  provided for in Article 6 of the Act, additional
methodology can be provided by regulation.
Q4. Section IV, Article 24 of the Law does no t fully incorporate the requirements of the
A-D Agreement concerning the determination of in jury when the domestic market is divided
into two or more markets.  How will the Thai authorities implement the requirements of
Article 4.1(ii) of the Agreement concerning the concentration of dumped imports into the
isolated market and the injury to all or al most all the production within such market?
Reply
The Thai authorities shall implement the requirements of Article 4.1(ii) of the A-D
Agreement concerning concentration of dumped imports into an isolated market and injury caused to
the producers of all or almost all the production within such market by the legislative authority as
provided for in Article 6 of the Act.
Q5. Section V, Part I, Article 30 of the Law prov ides for the disclosure of the essential facts
under consideration before a final determination is  made.  Will the Thai authorities also provide
public notice of the final determinations as required by Article 12.2.2 of the A-D Agreement?G/ADP/Q1/THA/16
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Reply
The Thai authorities will also provide public notice of the final determinations as required by
Article 12.2.2 of the A-D Agreement.  This is pr ovided for in Ministry of Commerce Regulation
No. 4(2543) dated 8 March 2000.  Translation of this Regulation is being prepared.
Q6. In Section V, Part II, Article 34 of the Law, how are the Thai authorities applying the
provisions of Article 5.2 to ensure that a petition is complete and correct?
Reply
The Thai authorities applying the provisions of Article 5.2 of the A-D Agreement shall ensure
that a petition is complete and correct in accordance with Ministry of Commerce Notification dated
23 July B.E. 2542 (1999 A.D.).  Translation thereof is being prepared.
Q7. Concerning undertakings accepted under Section V, Part V of the Law, will a notice of
acceptance of an undertaking be issued as required by Article 12.2 of the A-D Agreement?
Reply
The Thai authorities will issue a notice of acceptance of an undertaking in accordance with
Ministerial Regulation No. 4(2543) dated 8 March 2000.  Translation thereof is being prepared.
Replies to the European Communities
PRESCRIBING FEES
Article 10 states: ‘ Pertaining to petitions for anti-dumping investigations, countervailing
investigations, undertakings, reviews, including other information requests, the Ministry of
Commerce is authorized to issue notifications prescribing fees or expenses in the amount
commensurable to such tasks. ’
Q1. Could Thailand please explain its pricing policy in relation to Article 10? Would an
exporter submitting a review application also be ex pected to pay a fee? Will the fee or expense
prescribed for a particular task be the same for all interested parties?
Reply
The Thai authorities have determined that th ere is presently no requirement for issuing such
notifications.  Therefore, there are currently no fees or expenses in application in connection with
petitions and other information requests.  In the case that these fees or expenses are to be prescribed inthe future, they will be the same for all interested parties.
I
MPOSING DUTIES IN CASE OF RETROACTIVE COLLECTION
Article 31 states that after initiation, ‘ if there are reasonable grounds to believe that
eventually the final anti-dumping duty may be collected retroactively …the Committee may assign
the Customs Department to impose a duty on the subject merchandise imported during such
period ’.G/ADP/Q1/THA/16
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Q2. Could Thailand please explain how it reconciles this article with its obligations under
Article 10 of the WTO Anti-Dumping Agreem ent, in particular paragraphs 10.6 and 10.7?
Reply
Thailand's obligations under Article 10 of the A-D Agreement, in particular paragraphs 10.6
and 10.7, have duly been implemented by the provisi ons of Article 53 of the Act, which applies in
cases where "a measure under Article 31 is taken".  Article 31 is thus "reconciled" with these
obligations.
REJECTING INFORMATION
Q3. Article 28 appears to reflect Article 6.8 of the WTO Anti-Dumping Agreement. But
could Thailand explain how it intends to implement the related provisions of Annex II of the
WTO Anti-Dumping Agreement, in particular Annex II, paragraph 6?
Reply
Article 28 of the Act deals with de minimis  and negligible volume of imports issues, not the
provisions of Article 6.8 of the A-D Agreement.  Thailand intends to implement the provisions of
Annex II of the A-D Agreement, in particular in paragraph 6, in accordance with Ministry ofCommerce Regulation No. 4(2543) issued on 8 March 2000 pursuant to Articles 5, 6, 25 and 70 of the
Act.  Translation therefore is being prepared.
P
UBLIC NOTICE AND EXPLANATION OF DETERMINATIONS
Q4. Whereas Article 39 requires the publication of  a detailed notice of initiation, there
appears to be no equivalent requirement to publish a public notice of any preliminary or final
determination. Could Thailand please explain how it intends to comply with Article 12 of the
WTO Anti-Dumping Agreement, in particular paragraph 12.2?
Reply
The Thai authorities will provide public notice of their preliminary and final anti-dumping
and countervailing duty determinations as required by Article 12 of the A-D Agreement.  This is
provided for in Ministry of Commerce Regulation No. 4(2543) issued on 8 March 2000 pursuant to
Articles 5, 6, 25 and 70 of the Act. Translation of this Regulation is being prepared.
Replies to the United States
Q1. Article 4, subpart (iv) of Thailand’s Anti-Dumping and Countervailing Act, B.E. 2542,
(“the Act”) defines “interested parties” to include “any other entity designated by the Ministerof Commerce.”  Please identify the types of entiti es that could fall within this definition and
clarify the criteria that would be considered in making that determination and the basis for
such a determination.
Reply
The types of entities that could fall within this definition, the criteria and the basis for
determination in this regard are subject to regulati on to be issued by the Ministry of Commerce.  ThisG/ADP/Q1/THA/16
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is provided for in Article 4, subpart (iv) of the Act in accordance with Article 6.11, final paragraph, of
the A-D Agreement.
Q2. Article 4 of the Act contains a limited description of the Committee for Dumping and
Subsidies without providing further context or explanation with respect to the decision-making
role the Committee plays in the proceedings or identifying the ministry under which the
Committee is employed.  Could you please provide further description of the Committee on
Dumping and Subsidies, its duties responsibilities and authority, and identify the agency under
which the Committee operates?
Reply
A complete description of the Committee on Dumping and Subsidies, including its duties and
authority, is provided in Section XI, Articles 72, 73, 74, 75, 76, 77 and 78 of the Act.  The Committee
is created by Article 72 of the Act;  it operates independently.
Q3. Section I, Article 7 of the Act provides that a determination to impose A-D or CVD
measures shall include consideration of the interests of not only the domestic industry, but also
those of consumers and the public.  No further guidance is provided on the methodology and
means for considering these various interests.  Could you please specify the degree to which
these various interests will be taken into consideration and the methods for doing so?
Reply
Section XI, Article 72 of the Act designates an appointee from the Office of the Consumer Protection
Board as a member of the Committee on Dumping and Subsidies.  The committee is thus in a positionto determine the degree to which these various inte rests will be taken into consideration and the
methods for doing so.
Q4. Section II, Article 15 does not include language implementing Article 2.2.2 of the Anti-
Dumping Agreement (A-D Agreement) and its subparagraphs that provide methodologies for
calculating constructed value.  Without domestic legal authority, how will the Thai authorities
be able to apply the provisions of Article 2.2.2?
Reply
The provisions of Article 2.2.2 of the A-D Agreement can be applied with domestic legal
authority as provided for in Articles 5 and 6 of the Act.
Q5. Article 5 indicates that the Ministers of Finance and Commerce are authorized to issue
ministerial regulations “to maintain compliance wi th this Act”.  When will these regulations be
promulgated and notified to the WTO?
Reply
A number of these ministerial regulations have already been issued.  Translation thereof is
being prepared.
Q6. Section I of the Act addresses the law’s General Provisions.  Section I, Article 10,
indicates that the Thai Ministry of Commerce is  authorized to issue no tifications prescribing
fees or expenses in connection with petitions and “other information requests, ”in an amount"G/ADP/Q1/THA/16
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commensurate with such tasks.”   Could you please explain the type of “other information
requests” to which these fees will be applied, and specifically how they will be determined?
Reply
The Thai authorities have determined that th ere is presently no requirement for issuing such
notifications.  Therefore, there are currently no fees or expenses in application in connection with
petitions and other information requests.
Q7. Section III, Article 20 of the Act addresse s injury considerations and the requirement
that examining authorities examine the impact of allegedly dumped/subsidized  imports ondomestic producers of the domestic like product(s)
5 However, the Act does not explain which
factors the authorities must consider when conducting their examination of the impact of the
dumped or subsidized imports.  How will Thai authorities implement the requirements of
Article 3.4 of the A-D Agreement and Article 15.4 of the Subsidies and Countervailing Measures
Agreement (SCM Agreement) in specifying the economic factors that must be examined in
determining the impact of imports on the domest ic producers of the relevant like product(s)?
Reply
Article 3.4 of the A-D Agreement and Article 15.4 of the SCM Agreement are implemented
through Ministerial Regulation No. 2 (B.E. 2543) dated 8 March B.E. 2543 (2000 A.D.), issued
pursuant to the Act.  Translation thereof is being prepared.
Q8. How will Thai authorities implement the requirements of Arts. 3.2 and 15.2 of the A-D
and SCM Agreements, respectively, concerning the factors which must be analyzed inevaluating subject import price and volume?
Reply
Article 3.2 of the A-D Agreement and Article 15.2 of the SCM Agreement are implemented
through Ministerial Regulation No. 2 (B.E. 2543) dated 8 March B.E. 2543 (2000 A.D.), issued
pursuant to the Act.  Translation thereof is being prepared.
Q9. Section III, Article 20 of the Act also states that Thai authorities will cumulate imports
when imports from more than one country are simultaneously subject to an antidumping/
countervailing duty investigation.  While Article 20 indicates that Thai authorities will consider
whether dumping/subsidy margins are more than de minimis  in deciding whether to cumulate
imports, it does not mention whether the authorities will also examine the volume of imports
from each country to determine whether they are negligible, as required by Arts. 3.3 and 15.3 of
the AD and SCM Agreements, respectively.  Is it the intent of the Thai authorities to ignore
information on import volume when cumulating imports?   Does this mean the Thai authorities
would cumulate imports from several countries ev en if their import volumes were negligible for
purposes of Article 28 of the Act?
                                                     
5 Section X, Article 70 of the Act states that Sections II-IX of the Act, except for particular provisions,
apply equally to antidumping and countervailing duty investigations, even though the text of those sections
refers only to “dumped” imports or “antidumping” investigations.G/ADP/Q1/THA/16
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Reply
Article 20 of the Act refers to Article 28 of the same, which mentions both de minimis  and
negligible imports volume cases.  Therefore, the requirements set forth in Articles 3.3 and 15.3 of theA-D and SCM Agreements, respectively, are met.  It is not the intent of the Thai authorities, nor is it
legal under the Act, to ignore information on impor ts volume when cumulating imports.  This means
that the Thai authorities would not cumulate imports from several countries if their imports volume
were negligible for purposes of Article 28 of the Act.
Q10. According to Section X, Article 70 of the Act, Section III applies equally to both
countervailing and antidumping duty investigations.  While Section III, Article 22, describesfactors administering authorities should examine in determining threat of injury to the domestic
industry in antidumping investigations, it fails to mention that the authorities must also
consider “the nature of the subsidy” in making a threat determination in a countervailing duty
investigation.
How do Thai authorities intend to implement the requirement of Art. 15.7 of the
SCM Agreement that the nature of the subsidy or subsidies in question be
among the factors considered when de termining whether subsidized imports
pose a threat of material injury?
Reply
The Thai authorities intend to implement the requirement of Article 15.7 of the SCM
Agreement.  The language of Article 22 of the Act is non-restrictive.  The phrase "should be given"
cannot, and does not in this case, introduce an exhaustive list.  Therefore, the provisions of Article 22
of the Act are not a legal impediment to the Thai authorities to maintain compliance with Article 15.7of the SCM Agreement in any way.
Q11. Section V, Part I, Article 27 states that if an interested party fails to provide necessary
information within an established time period, the determination may be based on facts
available.  The Act does not reference any time periods in which parties are to submit such
information.  Do the Thai authorities intend to provide exporters or foreign producers receiving
questionnaires at least 30 days for a reply consistent with Art. 6.1.1 of the WTO AD Agreementand Art. 12.1.1 of the SCM Agreement?
Reply
The Thai authorities are legally required to provide exporters or foreign producers or both
receiving questionnaires at least 30 days to give a reply in compliance with Article 6.1.1 of the A-D
Agreement and Article 12.1.1 of the SCM Agreement.  This requirement is provided for in Ministry
of Commerce Regulation No. 3(2543) issued on 8 March 2000 pursuant to Articles 5, 6, 25 and 70 of
the Act.  Translation of this Regulation is being prepared.
Q12. Section V, Part III, Article 39 states that the Department of Foreign Trade will inform
interested parties of the initiation of an inve stigation  “in writing.”   Does this mean Thai
authorities, upon initiation of the investigation, will also provide known exporters and the
authorities of the exporting country with a copy  of the petition as required by Article 6.1.3 of
the AD Agreement and Art. 12.1.3 of the SCM Agreement?G/ADP/Q1/THA/16
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Reply
Yes.  The Thai authorities, upon initiation of the investigation, will also provide known
exporters and the authorities of the exporting country with a copy of the petition as required byArticle 6.1.3 of the A-D Agreement and Article 12.1.3 of the SCM Agreement.
Q13. Section V, Part IV, Article 41 states that, if an affirmative preliminary determination of
dumping/subsidization is made, Thai authorities may impose provisional measures.  However,
the Act does not indicate whether the authorities will provide public notice of the provisional
measure.  Will Thai authorities provide such public notice as required by Art. 12.2.1 of the A-D
Agreement and Arts. 22.3 and 22.4 of the SCM Agreement?
Reply
Yes.  The Thai authorities will provide such public notice as required by Article 12.2.1 of the
A-D Agreement and Articles 22.3 and 22.4 of the SCM Agreement.  This is provided for in Ministryof Commerce Regulation No. 4(2543) issued on 8 March 2000 pursuant to Articles 5, 6, 25 and 70 of
the Act.  Translation of this Regulation is being prepared.
Q14. Section VI, Article 49 similarly refers to affirmative final determinations.  Will Thai
authorities provide public notice of their final antidumping and countervailing dutydeterminations as required by Art. 12.2.2 of the AD Agreement and Arts.  22.3 and 22.5 of the
SCM Agreement?
Reply
Yes.  The Thai authorities will provide public notice of their final anti-dumping and
countervailing duty determinations as required by Article 12.2.2 of the A-D Agreement and
Articles 22.3 and 22.5 of the SCM Agreement.  This is provided for in Ministry of Commerce
Regulation No. 4(2543) issued on 8 March 2000  pursuant to Articles 5, 6, 25 and 70 of the Act.
Translation of this Regulation is being prepared.
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