WORLD TRADE
ORGANIZATIONG/ADP/Q1/PAK/8
G/SCM/Q1/PAK/8
14 May 2003
(03-2577)
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 9 May 2003, has been received from the Permanent
Mission of Pakistan.
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Replies to the United States (G/ADP/Q1/PAK/5-G/SCM/Q1/PAK/5)
1. Article 8(c) of the Anti-Dumping Duty Rules provides that the Commission may
disregard any reply to a questionnaire, which is not submitted within the time provided and in
the form requested.  Could Pakistan confirm that this provision will be applied in the light of
Annex II of the Anti-Dumping Agreement ?
Reply
It is confirmed that the provisions of Article 8(c) will be applied in the light of Annex II of the
AD Agreement.
2. Could Pakistan please explain how the last sentence of Article 14(8), according to which
the disclosure before final determination shall not indicate whether a final determination isaffirmative or negative, is to be understood ?
Reply
In so far as the EC observation regarding Rules 14(8) of the Anti-Dumping Duties Rules,
2001 (the "Rules") is concerned, it may be clarified that the statement of essential facts shall be
confined to the essential facts as determined by the Commission, and would not constitute the final
determination.
3. Article 3 of the "Procedures for on-the -spot investigations" provides that the
Commission shall normally obtain explicit agree ment of the firms concerned in the exporting
country before a visit is finally scheduled.  Could Pakistan please explain under which
circumstances such prior agreement should not be obtained ?
                                                     
1 G/ADP/N/1/PAK/2/Suppl.1 and G/SCM/N/1/PAK/2/Suppl.1
2 G/ADP/Q1/PAK/5-G/SCM/Q1/PAK/5 and G/ADP/Q1/PAK/6-G/SCM/Q1/PAK/6
3 G/ADP/Q1/PAK/7-G/SCM/Q1/PAK/7G/ADP/Q1/PAK/8
G/SCM/Q1/PAK/8
Page 2
Reply
There is no mention of carrying out on-the-spot investigation without obtaining the agreement
of the foreign firms concerned, which is clearly set out in Rules 12 of the Rules, the relevant part of
which reads as follows:
"…The Commission may carry out investigations in other countries as may be
required;  provided that it shall obtain th e agreement of the firms concerned and that
they notify the representatives of the Government of the country in question unless
the latter objects to an investigation."
Replies to the United States (G/ADP/Q1/PAK/6-G/SCM/Q1/PAK/6)
Q1. Section 7(d) of the Pakistan Anti-Dumping Duty Rules (“AD Rules”) provides for the
inclusion in the public file of “any other documents the Commission deems appropriate fordisclosure to an interested party”.  Recognizing th at the chapeau of section 7 accounts for the
protection of confidential information, what types of documents might be considered not to be
appropriate for disclosure to an interested party?
Reply
Regarding Rule 7(d) of the Pakistan Anti-Dumping Duties Rules, 2001 (the "Rules") and the
"types of documents which might be considered not to be appropriate for disclosure to an interested
party".  Any document which is supplied to the National Tariff Commission on a confidential basis
(along with reasons warranting confidentiality), and where this confidentiality is accepted by theCommission, would not be considered appropriate for disclosure to other interested parties.
Q2. Section 8(e) of the AD Rules provides that “any interested party may, on its own
initiative, submit to the Commission, in writing, any information it considers relevant to an
investigation and the Commission shall consider such information unless such consideration
would be unduly burdensome to the Commission or disrupt the timely progress of an
investigation”.  What does Pakistan mean  by the phrase “overly burdensome”.  How will
Pakistan apply this provision consistently with Article 6.2 of the AD Agreement which provides
that interested parties shall have a full opportun ity for the defence of their interests throughout
the anti-dumping investigation?
Reply
Regarding Rule 8(e) of the Rules and the application of Article 6.2 of the AD Agreement,
which provides that "throughout the anti-dumping investigation the parties shall have full opportunity
for the defence of their interests" please note th at in determining whether a situation is "unduly
burdensome" the Commission would have regard to  Article 6.8 of the AD Agreement and whether the
situation is one which "significantly impedes the investigation".G/ADP/Q1/PAK/8
G/SCM/Q1/PAK/8
Page 3
Replies to the European Communities (G/ADP/Q1/PAK/7-G/SCM/Q1/PAK/7)
Q1. Art. 7 (b) of the Countervailing Duties Rules states that the Commission may disregard
any reply to a questionnaire which is not submitted within the time provided or in the formrequested.  Can Pakistan please explain how this provision relates to Article 12.7 and 12.11
ASCM?
Reply
Regarding Rule 7(b) of the Countervailing Duties Rules, 2002 (the "Rules") which provides
that "the Commission may disregard any response to a questionnaire which is not submitted within
the time-period provided or in the form requested", please note that the Commission may apply the
provisions of this Rule where the situation is such that may, in terms of Article 12.7 of the Agreement
on Subsidies and Countervailing Measures, significantly impede the investigation".
Q2. The legislation does not seem to provide the possibility for a determination on the basis
of the facts available according to Art. 12.7 ASCM.  Can Pakistan please explain to what extent
the investigating authorities will follow this provision and facts available will be considered for
the determination?
Reply
Pakistan Countervailing Duties Ordinance, 2001 (the "Ordinance") does provide the
possibility for a determination on the basis of facts available in Section 28 the relevant part of which
reads as follows:
"Where any interested party refuses to, or otherwise does not provide, necessary
information within the time limits provided in this Ordinance or significantly impedes
an investigation, provisional or final determinations, whether affirmative or negative,
may be made by the Commission on the basis of the facts available."
Q3. Could Pakistan please explain how the last sentence of Article 14, according to which the
disclosure before final determination shall not indicate whether a final determination is
affirmative or negative, is to be understood?
Reply
In so far as the EC's third observation on Rule 14 of the Rules, it may be clarified that the
statement of essential facts shall be confined to the essential facts as determined by the Commission,and would not constitute the final determination.
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