. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/AUS/3 
G/SCM/Q1/AUS/3 2 April 2004 
 
(04-1505) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 
AND ARTICLE 32.6 OF THE AGREEMENTS 
 
Questions Posed by the UNITED STATES  
Regarding the Notification of AUSTRALIA1 
   The following communication, dated 1 April 2004, is being circulated at the request of the Delegation of the United States. 
 
_______________ 
 
 1.   With regard to new section 269T(5C)
 
 
 Regarding the phrase "A country has an economy in transition at a time ..." [emphasis added], 
please explain whether this means that each time a count ry is examined in an investigation or review, 
Australia will newly determine whether or not the country is an "economy in transition".  
 2.   With regard to new sections 269TAC(5D) and (5E)
 
 
 Please explain how the new provisions (5D)(a)( ii) and (5D)(b)(ii), which appear to envision 
circumstances in an "economy in transition" where "market conditions  do not prevail in that country 
in respect of the domestic selling price of those like goods" concur with the insertion 269T(5C) indicating that an economy in transition can exist only when, "at the time, that Government does not: 
[. . .] (ii) determine, or substantially influen ce, the domestic price of goods in that country". 
 
3.   With regard to new section 269W(1A)(b)
 
  (a) Please clarify the operation of this provisi on, e.g., who will be a llowed to provide the 
CEO further evidence?  Are there any limitations on who may qualify as "someone 
else" under new provision 269W(1A)(b)(ii)? 
  (b) Under what circumstances will the CEO permit this other party to submit further 
evidence more than 30 days after the lodgement of the application? 
 
4.   With regard to new section 269X(3A)
 
  (a)   Will the CEO provide the applicant a non- confidential summary of this information?  
If so, will such a summary be placed on the public record? 
 
                                                     
 
1 G/ADP/N/1/AUS/2/Suppl.2. G/ADP/Q1/AUS/3 
G/SCM/Q1/AUS/3 Page 2 
 
 
  (b)  What will the CEO require to establish that the exporters consent to providing the 
information to the applicant (e.g. a written waiver)? 
 5.   With regard to new section 269X(5B)(a)
 
 
 What is the difference between the "resale price" and the "subsequent selling price" as referred to in 269X(5B)(a)(iii)?  How will movement in these prices be reflected in the calculation of 
export price?  
6.   With regard to new subsection 269TAE(2C)(b)(ii)
 
  New subsection 269TAE(2C)(b)(ii) of the Customs Act 1901 states that cumulation is 
authorized when applications for investigations are "lodged with the Customs on different days but 
the investigation periods for all the investigati ons of those exportations overlap significantly". 
 
 (a) Please explain what is meant by the term "overlap significantly".  For example, 
assume the injury investigation period for an  investigation into imports of product X 
from country A initiated in 2003 encompass ed the years 2000 through 2002, and an 
investigation into imports of product X from country B initiated in 2004 encompassed the years 2001 through 2003.  Would the Australian authority conclude that the two 
investigation periods "overlap significantly"? 
  (b) Is cumulation authorized under new subsection 269TAE(2C)(b)(ii) in the later 
investigation if the Australian authority has made a negative injury or dumping 
determination in the earlier investigation?  If so, please explain the rationale for 
permitting cumulation in such circumstances. 
  (c) How does new subsection 269TAE(2C)(b)(ii) comply with the requirement of 
Article 3.3 of the AD Agreement that, for an authority to engage in cumulative 
analysis, imports from more than one count ry must be "simultaneously subject to 
anti-dumping investigations"? 
  
__________