RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/JAM/1
G/SCM/Q1/JAM/1
20 October 1999
(99-4525)
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 JAMAICA1
The following communication, dated 18 October 1999, has been received from the Permanent
Mission of the United States.
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1. Do the WTO Anti-dumping (A-D) and Subsidies and Countervailing Measures (SCM)
Agreements have the effect of national law in Jamaica?
2. The definition of an “interested party” in Section 2 of Jamaica’s Customs Duties (Dumping
and Subsidies) Act, 1999 (“the Act”) is both broader and narrower than the definitions of “interested
party” contained in Article 6.11 of the A-D Agre ement and Article 12.9 of the SCM Agreement.  For
example, the Act’s definition is broader in that it includes purchasers and users of products.  The
definition is narrower in that an “interested party” in the Act is not defined specifically to include a
government.  While both the A-D and SCM Agreements specifically allow Members to expand thelist of interested parties, they do not state that the list may be narrowed.  Is a government considered
an “interested party” under Section 2 of the Act?
3. Section 4(1)(a) of the Act states that the Jamaican Anti-Dumping and Subsidies Commission
(Commission) may carry out an investigation “on the request of any person.”  Article 5.1 of the A-DAgreement and Article 11.1 of the SCM Agreem ent normally require that anti-dumping and
countervailing duty investigations be initiated upon a written application made “by or on behalf of the
domestic industry.”  How is Section 4(1)(a) of th e Act consistent with Article 5.2 of the A-D
Agreement and Article 11.1 of the SCM Agreement, which require that the application requesting
initiation of an investigation be made “by or on behalf of the domestic industry”?
4. If information requested by the Commission “is not furnished to its satisfaction,” Section 4(6)
of the Act permits the Commission to “make a finding as to such facts on the basis of the information
available to it.”  This standard leaves a great deal of discretion to the Commission as to when it may
resort to facts available.  What practices will the Commission follow to ensure consistency withArticle 6.8 and Annex II of the A-D Agreem ent and Article 12.7 of the SCM Agreement?
5. Section 7 of the Act also appears to give the Commission complete discretion to set the time
limits within which information must be provided to it.  Article 6.1.1 of the A-D Agreement and
Article 12.1 of the SCM Agreement require that exporters, producers and interested Members be
                                                     
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given at least 30 days in which to reply.  Article 6.8 and Annex II of the A-D Agreement state that
interested parties must be given a reasonable period of time to provide information before authorities
may resort to facts available.  See also  Article 12.7 of the SCM Agreement.  How is the
Commission’s discretion concerning time limits under Section 7 of the Act consistent with Article 6
and Annex II of the A-D Agreement and Article 12 of the SCM Agreement?
6. Section 20(1) of the Act states that, where the Commission is of the opinion that sufficient
information has not been furnished or is not available to determine the export price, that price shall be
determined in such manner as the Minister may prescribe.  See also  Section 20(2) of the Act.
Article 2.3 of the A-D Agreement appears to limit, to a greater extent, this discretion regarding whenthe export price may be considered unreliable and how the authorities are to construct the export pricein such circumstances.  How is the standard for determining the export price set forth in Section 20 of
the Act consistent with Article 2.3 of the A-D Agreement?
7. The Act does not provide for administrative reviews of anti-dumping or countervailing duty
orders.  Are such reviews available under the Act in accordance with Article 11 of the A-DAgreement and Article 21 of the SCM Agreement?  If so, please provide details regarding how parties
may seek such reviews, and the procedures involved.
8. Where does Jamaican law implement the requirements of Article 11 of the A-D Agreement
and Article 21 of the SCM Agreement, which state that, in order to maintain anti-dumping orcountervailing duties past five years, a finding must be made that dumping or subsidization would be
likely to continue or reoccur in the absence of the duty?
9. Section 30 of the Act does not appear to require the Commission to provide any explanation
for a determination to impose a definitive duty.  How is this consistent with the requirements ofArticle 12.2.2 of the A-D Agreement a nd Article 22.5 of the SCM Agreement?
Subsidies
10. The definition of subsidy in the Act largely mirrors Article 1 of the SCM Agreement, but does
not include Article 1.1(a)(1)(iv) of the Agreement.  The Act does not mention specificity or actionable
and non-actionable subsidies.  Instead, it appears to apply only to prohibited export subsidies asdefined by the Act and in Article 3 of the SCM Agreement.  Is the type of subsidy described in
Article 1.1(a)(1)(iv) of the SCM Agreement included in  the definition of subsidy in Section 2 of the
Act?
11. How does Jamaica intend to treat specific actionable subsidies as defined in Articles 1.2, 2,
and 5 of the SCM Agreement?
Injury
12. Section 2 of the Act defines “material injury” to mean “material injury to the production in
Jamaica of like goods.”  The Act does not further specify the factors the Commission considers in
making a material injury determination.
(a) What factors does the Commission consider in making material injury
determinations?
(b) Where in Jamaican law or regulations are these factors provided and, if provided, are
they consistent with the provisions of Article 3 of the A-D Agreement and Article 15
of the SCM Agreement?G/ADP/Q1/JAM/1
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13. What producers does the Commission examine in determining whether there is “material
injury to the production in Jamaica of like goods?”
(a) How is Jamaica’s practice in this respect consistent with the definitions of domestic
industry in Article 4 of the A-D Agreement and Article 16 of the SCM Agreement?
(b) Does Jamaica have any provision for excluding related parties from the domestic
industry pursuant to Article 4.1(i) of the A-D Agreement and Article 16.1 of the SCM
Agreement?
14. In an analysis of threat of material injury, how does Jamaica implement Article 3.7 of the
A-D Agreement and Article 15.7 of the SCM Agreement which specify certain factors for the
authority to examine in its analysis of threat, and re quire that the threat “must be clearly foreseen and
imminent?”
15. In order for the authorities to initiate an investigation, Section 22(c) of the Act requires that
the evidence “disclose a reasonable indication that the dumping or subsidizing of goods has caused, or
is likely to cause, material injury.”  Article 5.3 of the A-D Agreement and Article 11.3 of the SCM
Agreement require authorities to examine the adequa cy and accuracy of the evidence provided in the
application to determine whether there is sufficient evidence of injury to justify the initiation of aninvestigation.  Does the Jamaican authorities’ dete rmination that evidence in the application discloses
a “reasonable indication” that dumping or subsidization of goods has caused, or is likely to cause,
material injury constitute a determination that the evidence in the application is adequate, accurate and
sufficient to justify initiation?
16. Section 27 of the Act regarding preliminary de terminations of dumping or subsidization does
not mention making an injury determination.  Similarly, Section 15 of the Act authorizes the
imposition of provisional duties “[w]here the Commission makes a preliminary determination in
respect of the dumping and subsidizing of imported goods.”  How is this consistent with
Article 7.1(ii) of the A-D Agreement and Article 17.1(b) of the SCM Agreement, which require
preliminary affirmative determinations of both subsidy or dumping and injury to a domestic industry
before provisional duties may be imposed?  (See also  Article 30 regarding final determinations.)
17. Section 11 of the Act states that duties will be imposed on all goods in respect of which the
Commission “has made a finding that the dumping or subsidizing of such goods has caused, is
causing, or is likely to cause material injury.”  How is a determination pursuant to Section 11 of the
Act that the dumping or subsidy “has caused” material injury in the past consistent with therequirements of Article 3.5 of the A-D Agreement and Article 15.5 of the SCM Agreement which
address current or prospective injury, but not material injury in the past?
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