RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/PAK/2
G/SCM/Q1/PAK/2
8 April 2002
(02-1845)
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 PAKISTAN1
The following communication, dated 4 April 2002, has been received from the Permanent
Mission of the United States.
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1. 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 domestic industry may bedivided into two or more competitive markets.  Article 4.1(ii) of the AD Agreement states that, when
an authority conducts 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 product ion within such market”.  How does Pakistan intend
to implement these requirements?
2. 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?
3. 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 not mere
conjecture.  Pakistan AD Law does not specifically contain such language.  How does Pakistan intendto implement this requirement?
4. Article 35 of Pakistan’s AD Law addresses information needed for an investigation and
indicates only that such information may be solicited, gathered, obtained, verified, accepted and
rejected “in such manner as may be prescribed”.  Have further measures been issued prescribing howinformation will be solicited, 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 of the AD Agreement.
                                                     
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5. Under 6.8 of the AD Agreement, an authority is permitted to make determinations on the
basis of the facts available (assuming that the re quirements 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) implements this by referring to failure to provide such information “within theperiod of time as may be prescribed”.  Has Pakistan issued further regulations governing what the
“prescribed” period of time will be?
6. 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 is relevant
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 whichform 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 requirement?  On what basis will the Commission determine whether a particular item
of non-confidential information is “relevant” to the case of a particular party?
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?
8. 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 be permitted, but not required,
to meet “those parties 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?
9. 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 contain.  How does Pakistan intend to implement these requirements, which are notreferenced in its AD Laws?
10. 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 de termination 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?
11. Article 12.2 of the AD Agreement provides that the published notice of the decision to accept
an undertaking shall set forth certain details, 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 further 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?
12. 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”, theG/ADP/Q1/PAK/2
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Commission may take such actions.   Under what circumstances would Pakistan rely on the “deemed
violated” standard in its law?
13. 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?
14. 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 anti-dumping determinations?  What is meant by the provision inArticle 64 (7) that the tribunal shall hear appeals “from day to day”?
15. Article 65 of Pakistan’s AD Law provides th at the Appellate Tribunal may compel document
production and otherwise gather evidence.  When would the Appellate Tribunal conduct its own
examination of facts beyond the record of the case before it?
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