RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/POL/7
G/SCM/Q1/POL/7
17 May 1999
(99-1984)
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 to Questions Posed by the UNITED STATES1
Regarding the Notification of POLAND2
The following communication, dated 10 May 1999, has been received from the Permanent
Mission of Poland.
_______________
General information on the relationship between international agreements and the domestic legislation
within the Polish legal system
As far as the relationship between international agreements and the domestic legislation
within the Polish legal system is concerned, the most important provision on this issue is contained in
Article 1.2 of the Law of 11 December 1997 on the protection against importing goods into the Polish
customs territory at dumping prices (hereinafter "the Law") which provides that "Anti-dumping
measures and anti-dumping proceedings, specified in the present Law, shall be applied with the
observation of requirements determined in the World Trade Organization Agreement onImplementation of Article VI of the General Agreement on Tariffs and Trade 1994".
The importance of the above provision is clearly seen within the light of Article 91 of the
Constitution of the Republic of Poland
3 which states that a ratified international agreement will
constitute part of the domestic legal order and will be applied directly, unless its application dependson the enactment of a statute and will have precedence in the event of a conflict of laws.
I. DETERMINATION OF DUMPING
Selection of Normal Value (“NV”).  Article 4.1 of the Polish anti-dumping duty ( “A-D”)
Law states that the NV is determined based on “prices actually paid or due in an ordinary
course of trade from non-related purchasers in the exporting country”.  Assuming that a foreign
exporter does not produce or sell “like goods” within the “ordinary course of trade,” Article 4.3
of the Polish A-D Law provides for calculating the NV based upon prices “by other sellers or
producers”.  Article 2.2 of the WTO Agreement specifies that where sales in the home market
are insufficient for comparison purposes, th e dumping margin “shall be determined” by
                                                     
1 G/ADP/Q1/POL/5-G/SCM/Q1/POL/5
2 G/ADP/N/1/POL/2-G/SCM/N/1/POL/2
3 The Constitution of the Republic of Poland of 2 April 1997 published in "The Journal of Laws of the
Republic of Poland" (Dziennik Ustaw – Dz. U.) of 16 July 1997, No. 78, item 483.G/ADP/Q1/POL/7
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comparing the prices of the like product ex ported to an “appropriate third country” or
constructed value (“CV”).
Q1. In light of the WTO Agreement’s requirement to use prices to third countries or
CV whenever home market sales are insufficient for comparison purposes, how
can Poland reconcile Article 4.3 of the Polish A-D Law, which permits the use of
prices by “other” sellers or producers in the exporting country’s market, with
Article 2.2 of the WTO Agreement?
Reply
Article 5.1 of the Law mirrors the requirements set forth in Article 2.2 of the WTO Anti-
Dumping Agreement (hereinafter "the A-D Agreement").  Article 4.3 of the Law includes, however,
the possibility of calculating the normal value based upon prices by other sellers or producers.  On
Poland's reading of Article 2.1 of the A-D Agreement, this possibility is implicitly included in the
content of this Article because in the situation in which there is a sufficient level of trade of the likeproduct and the exporter produces or sells the product on the domestic market, the preference while
calculating the normal value should be given for exporter's prices.  The prices charged by other sellers
or producers on this market come into play when the exporter does not produce or does not sell the
like product.
Viability of Domestic Market.  Article 4.5 of the Polish A-D Law specifies that sales of
similar goods in the exporting country’s market  can be used to determine the NV, where they
constitute “at least 5 per cent” of the volume of sales in the Polish market.  Article 4.5 continues
that “smaller quantities may be used” if the applied prices are considered to be “representative
for the given market.”  Article 2.2. of the WTO Agreement states, however, that quantitiessmaller than 5 per cent may be used where the ev idence demonstrates that they are “nonetheless
of sufficient magnitude to provide for proper comparison”.
Q2. Does the term “representative” under Article 4.5 of the Polish A-D Law mirror
the WTO Agreement’s emphasis on “sufficient magnitude” of sales below 5 per
cent of the volume of domestic sales?
Reply
Yes, it does.
Elements of Constructed Value.  Under Article 5.1(2) of the Polish A-D law, the CV
consist of the following elements: (a) costs of production; (b) costs “directly connected” with the
sales; (c) “general” costs; (d) “all other” costs; and (e) the “sum of the profit.”  Article 2.2 of the
WTO Agreement requires that the CV consist of (a) the cost of production, (b) “a reasonable
amount for administrative, selling and any other costs”, and (c) profits.
Q3. Because the Polish A-D Law does not define its various cost components, is it
correct to assume that the elements co mprising the “normal constructed value”
under Article 5.1(2) of the Polish A-D La w mirror the elements enumerated in
Article 2.2 of the WTO Agreement?
Reply
Yes, the assumption is correct.G/ADP/Q1/POL/7
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Calculation of Costs.  Although Article 2.2.1.1 of the WTO Agreement contains a clear
mandate that costs shall be calculated on the basis of records kept by the exporter or producer,
provided that such records are “in accordance with the generally accepted accounting
principles” (GAAP), Article 5.5 of the Polish A-D Law contains no such requirement.  It merelystates that costs shall be calculated “on the basis of records of the unit kept according to rules
resulting from the documentation ... and describing accountancy rules adopted by it, on the
condition that entries in the books properly do cument costs ...”.  Moreover, Article 5.5 of the
Polish A-D Law explains that allocation of cost s shall be accepted under the condition that such
allocations have been “effectively utilised”.
Q4. Does the phrase “accountancy rules adopted by [the unit]” under Article 5.5 of
the Polish A-D Law refer to the GAAP, thereby satisfying the direction of
Article 2.2.1.1 of the WTO Agreement? Please explain what is meant by
allocations that have been “effectively utilised”.
Reply
Article 5.5 of the Law is in full consistency with the requirement of Article 2.2.1.1 of the A-D
Agreement and thereby satisfies the direction of this Article because the phrase "accountancy rules
adopted by it (the unit)" should be read as "generally accepted accounting principles" (GAAP) in
Poland.
With regard to the second part of the question, it results from the incorrect translation of the
Polish text into English.  The expression "effectively utilized" should be replaced by "actually
utilized".
Start-Up Operations.  Article 5.9 of the Polish A-D Law requires that the start-up phase
“cannot exceed an appropriate initial part of the cost recovery period”.
Q5. How will Poland determine what constitutes the “initial part of the recovery
period” beyond which the start-up phase may not continue?  How is this
standard consistent with Article 2.2.1.1 of the WTO Agreement, which merely
states that start-up operations “shall reflect the costs at the end of the start-upperiod” or “the most recent costs which can reasonably be taken into account”?
Reply
Article 5.9 of the Law assumes the interpretation of the phrase in question provided for by the
European Community while replying to questions relating to this issue in document G/ADP/W/301-
G/SCM/W/309 of 4 March 1996.
Calculation of Profit.  When the amount of profit and/or general, sales and other
expenses cannot be determined on the basis of th e producer’s actual data, one of the alternatives
under Article 5.11(2) of the Polish A-D Law specifies that these expenses may also be based
upon “actual amounts” in connection with the “same category” of “similar goods” that are sold
in the ordinary course of trade.   This alternat ive is inconsistent with Article 2.2.2(i) of the WTO
Agreement, which does not limit the use of th e producer’s actual profit and expenses to
products sold only in the ordinary course of trade.
Q6. What is the rationale behind the requi rement under Article 5.11(2) of the Polish
A-D Law to limit the use of profits and expenses to those realized and incurred
only in the ordinary course of trade?  How will Poland determine whetherG/ADP/Q1/POL/7
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production and sales of the general category of products are in the ordinary
course of trade?
Reply
Poland has included in Article 5.11(2) of the Law the requirement of the same category of
like products to be sold in the ordinary course of trade to ensure the fair comparison of the normal
value with the export price in the same course of trade.
For the determination whether production and sales of the same general category of products
are made within the ordinary course of trade, Article 2(7) of the Law will be used.
Non-Market Economies.  Article 6.1 of the Polish A-D Law provides that, for
non-market economy countries, Poland will base  the NV on: (a) the price applied in “a third
country of a market economy”; (b) “export price”  from an investigated non-market economy to
other countries (including Poland); or (c) the CV predicated upon “conditions of a marketeconomy”.  If (a) through (c) is not possible, the NV will be based on “another justified
method,” including the price paid for similar products in the Polish market.  With respect to the
process of  “selection” of the third country, Article 6.2 of the Polish A-D Law provides, very
generally, that Poland will evaluate the “production conditions” of a similar product in Poland,
taking into consideration all available information pertaining to the period of investigation, and
compare them with the conditions encountered in a non-market economy country.  After
informing all concerned parties about the “selection” of a third country, Article 6.3 provides for
a 10-day period for comment.
Q7. What are the criteria considered in  determining whether a country is a
non-market economy?
Reply
In view of the fact that the A-D Agreement is silent in this respect, Poland as one of the
associated countries with the EC will follow the EC interpretation of this provision and the application
of articles concerned.
Q8. What criteria are examined in select ing an appropriate third country market
economy?
Reply
The criteria examined in selecting an appropriate third country market economy are included
in Article 6.2 of the Law.  The selection will be made on the basis of information about production
conditions of the like product in the third country, including conditions of the production process and
scale of output of like products.  Consideration will be given to all available information about marketconditions existing in this country during the in vestigation period and after comparing them with
conditions in the country subject to the anti-dumping investigation.  If such an approach is not
feasible, the selection will be made from among market economy countries covered by the same anti-
dumping investigation.
Q9. Once Poland determines that non-market economy merchandise is being
dumped in Poland, how are anti-dumping duty rates assigned?  Is only one rate
assigned for all merchandise from the non-market economy country?  Is each
exporter assigned a separate rate?  Are third country trading companiesG/ADP/Q1/POL/7
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assigned separate rates?  If there are so  many respondents that Poland is forced
only to examine the response of a samp le group of respondents, how are anti-
dumping duty rates assigned?
Reply
The assignment of anti-dumping rates for producers and exporters in a non-market economy
will depend on a particular situation and will be made on a case-by-case basis.  As a rule it depends on
two particular issues:  (1) whether they are going to cooperate with the Minister of Economy during
the course of the investigation and (2) on the level of the determined export prices.
With regard to the first issue, cooperating producers and exporters will be assigned a separate
duty rate.  Non-cooperating parties in the exporting country will be subject to one residual duty,
which will be calculated at the highest dumping margin found.
With regard to export prices, if they differ among producers and exporters, dumping rates will
also be different for these companies.
In a case when it is necessary to select a sample of respondents, duty rates will be assigned
individually according to Article 26.4 of the Law.
Adjustments.  Article 9.2 specifies that EP and NV are calculated “at the same level of
the trade, normally at ex factory level and ... with due allowance to differences affecting the
price comparability”.
Q10. How does Poland intend to interpret and implement the “ex-factory level”
requirement?
Reply
The "ex-factory level" will be interpreted as ex works level according to International
Commercial Terms (INCOTERMS).  According to Article 10 of the Law, adjustments will be made to
the normal value as well as to the export price to ensure fair comparison of the two.
Price Averaging.  According to Article 11.2 of the Polish A-D Law, the weighted-average
NV “can be compared with prices of all export transactions ... provided that the level of export
prices considerably differs ... and the applicatio n of the aforementioned methods does not allow
to reflect fully the scope of dumping practices”.   Article 2.4.2 of the WTO Agreement states that
the above average-to-transaction method may be used “if the authorities find a pattern of
export prices which differ significantly ... and if an explanation is provided why such differences
cannot be taken into account appropriately” by the use of the average-to-average or
transaction-to-transaction comparisons.
Q11. Please explain if, and if so how, Articl e 11.2 of the Polish A-D Law limits the use
of the average-to-transaction comparison  only to situations envisioned by
Article 2.4.2 of the WTO Agreement?
Reply
There has been a mistake in the translation of th e Polish text into English.  The word "level"
should be replaced with the word "pattern".G/ADP/Q1/POL/7
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II. DETERMINATION OF INJURY
Material injury.   In determining materi al injury, Article 13 of the Polish A-D Law
states that Poland will consider whether dumped  imports are much lower priced than domestic
goods and  “whether the dumped imports are undercutting prices of goods made by domestic
producers in any other way....”.
Q12. How is this consistent with A-D Article 3.2, which requires investigating
authorities to consider whether price undercutting has been significant?
Reply
There has been a mistake in the translation of the Polish text (which includes the word
"significant" in Article 13.3(2) of the Law) into English.  Therefore the word "significant" should be
added to the above-mentioned Article, which should now read:
"(2) whether the dumped imports are significantly undercutting prices …".
Q13. What is the meaning of the term “rea l injury” in Article 13 of the Polish A-D
Law?  How does this comport with the definition of “injury” in A-D Article 2(2),
which refers to material injury, threat of material injury, or materialretardation?
Reply
There has been a mistake in the translation of the Law.  Therefore, the word "real" used in
Article 13.1 of the Law should be replaced with the word "material".
Article15 of the Polish A-D Law states that one of the factors to consider in examining
the impact of dumped imports is “a duration of the process of overcoming difficulties caused by
the dumped imports....” .
Q14. What is meant by this phrase?
Reply
Poland has included in Article 15(1) of the Law the requirement of examining the duration of
the process of overcoming difficulties caused by dumped imports in the past by the domestic industryto ensure that they are not attributed to the "cur rent" dumped imports.  This, in turn, falls in line with
the obligation provided for in Article 3.5 of the A-D Agreement.
The process of overcoming difficulties by the domestic industry caused by dumped imports in
the past will be interpreted to mean any expenditure or cost to adjust itself or to remove injury caused
by the past dumped imports.
Article18 (3) of the Polish A-D Law states that Poland will “especially” consider “an
increase of the dumped imports to the Polish customs territory” as a factor in determining
whether there is a threat of a material injury to the domestic industry.
Q15. How is this consistent with A-D Article 3.7(i), which states that, in making a
determination of threat of material injury, investigating authorities mustG/ADP/Q1/POL/7
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consider whether there is “a significant  rate of increase of dumped imports into
the domestic market... ?”
Reply
The phrase "a further significant increase" presupposes that the increase must have also been
significant in the past.  Therefore, Article 18.3(1)  of the Law meets the obligation of Article 3.7(i) of
the A-D Agreement.
Moreover, the word "considerable" should be replaced with the word "significant" which
results also from the wrong translation.
III. ANTI-DUMPING PROCEDURES; DURATION AND REVIEW OF  ANTI-DUMPING
DUTIES AND PRICE UNDERTAKINGS
Initiation Without Written Request.  Under Article 20.1(2) of the Polish A-D Law, in
special circumstances, anti-dumping investigations shall be initiated without a written request
from the domestic industry, where there is mere “evidence” of dumping, injury and their causal
relation.  Article 5.6 of the WTO Agreement indicates more precisely, however, that this form of
initiation shall be done “only” if there is “suffi cient evidence” of dumping, in addition to injury
and causal relation.
Q16. Under Article 20.1(2) of the Polish A-D Law, what is the threshold of evidence
needed to initiate an anti -dumping investigation in an  ex officio  manner?
Reply
Under the Polish law, authorities are not allowed to initiate any investigation unless formal
and material requirements (among others, sufficient evidence requirement) for the initiation are
fulfilled.  That is why it is hard to imagine that authorities could initiate an investigation in the
situation where they have insufficient evidence.  In  such a situation, the initiated investigation would
be open to legal challenge.
To avoid any interpretation problems, there have been foreseen some amendments to the Law,
including, among others, the adjustment of Article 20.1( 2) of the Law to the standard of Article 5.6 of
the A-D Agreement by adding the word "sufficient".
Application Requirements.  The Polish A-D Law is silent on the what information needs
to be contained in an application.  Article 20.4 of the Polish A-D Law indicates only that the
“Minister of Economy shall determine the application form to initiate anti-dumping procedures
in a regulation".
Q17. Has Poland already promulgated a regulation determining the “form” of the
application for initiation of anti-dumping procedures, and specifying its
requirements?  How will Poland ensure that applications comply with the
requirements of Article 5.2 of the A-D Agreement?
Q18. If the above regulation is not yet in effect, are domestic parties in Poland
precluded from filing a written request to initiate an anti-dumping investigation
until the Minister of Economy determines the form of the application and its
requirements, as envisioned by Article 20.4 of the Polish A-D Law?G/ADP/Q1/POL/7
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Reply
Poland has already promulgated the application form for the initiation of an anti-dumping
investigation in the regulation of the Minister of Economy of 14 January 1998 (published in the"Journal of Laws of the Republic of Poland" of 6 February 1998, No. 17, item 83).  The application
form requires the Polish domestic industry to supply the Minister of Economy with all the data
required by Article 5.2 of the A-D Agreement.
De Minimis  Margins.  Article 5.8 of the WTO Agreement provides for immediate
termination of investigations if the authorities determine that the margin of dumping is de
minimis , i.e., less than 2 per cent, or if the volume of imports is found to be negligible, i.e., less
than 3 per cent of imports of the like product.  Article 21.1(1) of the Polish A-D Law defines
only what constitutes an insignificant  volume of  goods, which is “lower than 1 per cent of the
domestic production of the goods, unless the tota l importation from such countries constituted
three or more per cent of the said consumption.”
Q19. Why is volume tied to consumption in  the Polish market rather than import
volume, as required by Article 5.8 of the WTO Agreement?  On what basis has
Poland abandoned the general rule of Article 5.8 of the WTO Agreement in
favour of a market share approach?
Q20. When market penetration is high, will not the Polish standard result in fewer
situations being found to be “negligible” than under the standard delineated in
Article 5.8 of the Agreement?
Reply
Prior to the response to the question, Poland would like to correct the mistake in the
translation of Article 21.1(1) of the Law where the words "1 per cent of the domestic production"
should be replaced by the words "1 per cent of the domestic consumption" as specified in the Polish
version of the Law.
Responding to the question, Poland has used in the Law the consumption test instead of the
share of imports test to prevent initiation of cases when the volume of imports is small.  Moreover, the
Polish negligible volume test will in the vast majority of cases be more restrictive in terms of
initiation of cases than the one stipulated in the A- D Agreement.  Thus, it is in full compliance with
Article 5.8 of the A-D Agreement which in any case does not impose a mandatory rule.
Q21. Why does Article 21.1(1) of the Polish A-D Law fail to provide for the immediate
termination of investigation if the margin is de minimis , i.e., less than 2 per cent,
as required by to Article 5.8 of the WTO Agreement?
Reply
In fact, Article 21.1(1) of the Law does not provide for the immediate termination of the
investigation if the dumping margin is de minimis , i.e. less than 2 per cent, as required by Article 5.8
of the A-D Agreement.  On the other hand, Article 1.2 of the Law imposes the obligation of the WTO
consistent interpretation of the Law.  That is why Article 21.1(1) of the Law will be appliedaccordingly.
However, in order to avoid any interpretation problems, there have been foreseen some
amendments to the Law, including, among others, the adjustment of Article 21.1(1) of the Law to theG/ADP/Q1/POL/7
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standard of Article 5.8 of the A-D Agreement by adding the provision on the immediate termination
of the investigation if the margin of dumping is de minimis .
Q22. Article 34 (1) of the Polish Law states that the Minister of Economy shall
discontinue anti-dumping procedures against a country which has “small”
imports into Poland according to Article 21.1(1).  Article 21 uses the word
“insignificant,” not small.  Do small and insignificant have the same meaning?
Reply
The word "small" used in Article 34(1) of the Law should be replaced by the word
"insignificant".  The mistake results from the wrong translation from Polish.  In the Polish version of
the Law, both articles use the word "insignificant".
Article 21.3 of the Polish Law says that there is a “presumption” regarding dumped
imports.
Q23. What is this presumption?
Reply
The word "presumption" indicates that as long as the investigation has not reached the stage
of the preliminary findings (final findings), the imports in question can only be presumed to be
dumped.
Facts Available.  Articles 25.1 and 25.2 of the Polish A-D Law require that the parties
supply “all information and opinions” deemed “necessary” for the determinations.  Where a
party refuses to supply such information or “grossly makes anti-dumping procedures more
difficult in any other way”, the decision s can be made based upon “other available
information”.  Article 25.3 warns that, if the presented information is misleading or false,
“other available data shall be used in the procedures”.  Notwithstanding paragraph 3,
paragraph 5 states that questionable information shall nonetheless be taken into account if it (1)
does not result in “unnecessary difficulties”, (2) is supplied on time, (3) can be verified, and (4)
the party preparing it acts to the best of its ability.
Q24. Article 24 of the Polish A-D Law does not specifically require that Poland notify
interested parties as soon as possible after the start of an investigation regarding
the information that will be required of them (and the format in which the
information should be submitted), as well as the fact that if information is not
supplied within a reasonable time, the facts available will be used in making a
determination, as required by Annex II, section 1 of the WTO Agreement.  Does
Poland intend to notify parties pursuant to this requirement?
Reply
The decision on initiation of an anti-dumping investigation will be published in the "Monitor
Polski" Official Journal of the Republic of Poland, as provided for in Article 21.3 of the Law.
Moreover, the Minister of Economy will notify interested parties about the initiation of the anti-dumping investigation according to Article 22.1 of the Law.
The above-mentioned decision will cover, among others, deadlines for submitting information
and opinions by the interested parties as well as deadlines for submitting requests to present oralG/ADP/Q1/POL/7
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explanations, as provided for in Article 21.4(5) and (6).  The interested parties will also be notified
about the consequences of the lack of cooperati on with the Minister of Economy during the course of
investigation, according to Article 25.4 of the Law.
Q25. Article 24 of the Polish A-D Law is not clear as to whether partial cooperation
by an interested party will lead to partial or total use of facts available.  How
does Poland intend to respond if it finds that a party has only partially
cooperated?
Reply
As, according to Poland, it is not feasible to strictly define the term "partial cooperation" and
to include a clear provision on this issue in the Law, the question of a partial cooperation by an
interested party will be treated individually on a case-by-case basis.
Poland has no experience in this field as so far there has been no case with the partial
cooperation involved.
Verification of Submitted Information.  The Polish A-D Law lacks procedural and
substantive detail with respect to verification of submitted information.  Article 26.1 only
generally states that Poland “may carry out a nece ssary control of the documentation” when the
parties agree and the government of the foreig n country has been “duly informed” about the
upcoming verification.
Q26. Please explain the procedures Poland intends to follow with respect to
verification of the exporter’s or producer’s submitted information.
Reply
In the case of verification of the data submitted by producers or exporters Poland will follow
the guidelines of Article 6.7 of the A-D Agreement.
Price Undertakings.  Under Article 31 of the Polish A-D Law, Poland can “terminate”
investigations pursuant to price undertakings.  Article 8.1 of the WTO Agreement allows
investigations to be “suspended or terminated”.
Q27. Does Article 31 of the Polish A-D Law mean “suspended” when it says
“terminated”?  Please explain whether or not the Polish authorities will be ableto suspend investigations upon the acceptance of a price undertaking.
Reply
In the case of the acceptance of a price undertaking, Article 31 of the Law provides for the
termination of the investigation after final determinations are made.  Final determinations are made in
order to be in a position to impose a definitive anti-dumping duty in the case when a party accepting
the undertaking fails to comply with the commitments made.
Review Process in General.   Article 12 of the WTO Agreement sets forth necessary
details required to properly inform the public about anti-dumping investigations, including a
requirement that determinations be sufficiently explained.  Article 23.2 of the Polish A-D Law,
pertaining to initial anti-dumping investigatio ns, merely specifies that, upon completion, the
“justification of the decision ... shall include ev idence collected during the procedures accordingG/ADP/Q1/POL/7
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to requirements of the WTO Agreement”.  Howev er, the Polish A-D Law addressing other types
of proceedings (i.e., regular reviews or sunset reviews), does not contain a similar provision.
Article 49.3 of the Polish A-D Law only generally requires that “final decisions shall be
formulated with the considerati on of all important and appropriately confirmed evidence”.
Q28. Does Poland intend to apply the requirements set forth by Article 12 of the
WTO Agreement to all types of anti-dum ping proceedings to ensure that the
public is properly informed about the determinations and the reasoning behind
them?
Reply
Article 54.3 of the Law provides for the application of Articles 20-28 and 32-38 of the Law
with respect to investigations initiated under Articles 49-53 of the Law, i.e. review investigations
(sunset reviews), verification investigations (regular  reviews) and revision investigations (new-comers
review).  Therefore the requirements of Article 12 of the A-D Agreement will be duly observed whileconducting all types of anti-dumping investigations.
Termination of Anti-dumping Procedures.  Article 49.4 of the Polish A-D Law specifies
that imposed anti-dumping duties shall apply until the review procedures are “terminated”.
Under Article 55, however, Poland “may resume anti-dumping procedures” after consultationswith relevant domestic parties and government officials when the domestic parties supply
“sufficient evidence proving that the applied an ti-dumping procedures have not resulted in any
movements in domestic prices” or these prices were “insufficient to repair the injury”.
Q29. In what context may Poland “resume” anti-dumping procedures pursuant to
Article 55 of the Polish A-D Law?  Does Poland intend to implement Article 55
in situations where the anti-dumpi ng “procedures” were terminated in
accordance with Article 11 of the WTO Agreement (e.g., regular termination or
termination under the “sunset” provision)?  Please explain the effect of
“termination” under Article 49.4 of the Polish A-D Law and how it relates to the
“resumption” of anti-dumping procedures under Article 55.
Reply
The Minister of Economy may resume an anti-dumping investigation under Article 55.1 of
the Law in order to examine the movements of prices on the domestic market resulting from the
imposed anti-dumping duty.  Such an investigation will be as a rule resumed in cases when theexporter will be bearing the cost of the duty that could result in a lower export price and an increased
dumping margin.
The investigation will be resumed on a written application by the domestic industry showing
sufficient evidence that the applied duty has not resulted in any movements in domestic prices or hasled to movements insufficient to repair the injury.
The provisions of Articles 20-28 and 32-38 of the Law will be applied to the resumed
investigations, but they will be terminated with in six months after the resumption according to
Article 55.2 of the Law.
During the investigation the export price will be recalculated, and if sufficient evidence
provided by the domestic industry proves the necessity of recalculating the normal value, the latter
will also be redetermined to establish the new dumping margin which could lead to an additional orG/ADP/Q1/POL/7
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increased duty to be imposed.  The recalculations will be made with the observation of the relevant
articles of the Law which, in turn, reflect the requirements of Article 2 of the A-D Agreement.
As the termination mentioned under Article 49.4 of the Law relates to the sunset review
investigation and the resumption under Article 55.1 of the Law concerns the question of absorption of
the imposed duty by an exporter, there is no linkage between these two articles.
Q30. How does Article 55 of the Polish A-D Law relate to the “sunset” procedures
addressed by Article 48 of the Polish A-D Law?
Reply
According to Article 55 of the Law, on the application of the interested party, the proceedings
concerning the absorption of anti-dumping duties can be initiated.  The Article does not provide for
any time limits for the application.  This is the basi c difference between this investigation and the one
mentioned in Article 48 of the Law which deals with "sunset" review.
Confidential Information.  Article 60 of the Polish Law states that there could be a
“necessity” to make information and evidence obtained during A-D procedures public.  Under
those circumstances, Article 59, which provides that confidential information would be treated
as such, would not apply.
Q31. Under what circumstances, would confidential information be made public
under this “necessity” rule?  How would such disclosure be consistent with
Article 6.5 of the A-D Agreement?
Reply
In the case of the necessity to make information and evidence obtained during the anti-
dumping investigation under Article 60.1 of the Law, no confidential information will be released, as
provided for in Articles 60.2 and 61.1 of the Law.  Bearing in mind the provisions of these two
articles only the non-confidential information and the summary of the confidential data which will be
in sufficient detail to permit a reasonable understanding of the substance of such information will bemade public (Article 59.2 of the Law).
Judicial Review. The Polish A-D Law is sile nt on judicial review.  The WTO Agreement,
under Article 13, specifically states that each  Member shall maintain judicial tribunals to
promptly review administrative actions within the meaning of Article 11 of the WTOAgreement.
Q32. Does Poland maintain judicial, arbitrary or administrative tribunals for the
purpose of review of administrative actions in connection with anti-dumping
procedures?
Reply
Article 1.3 of the Law provides for the application of provisions of the Administrative
Procedures Code (the "KPA"), unless the provisions  of the Law provide otherwise.  As there is no
particular provision on the issue of judicial review in the Law, the relevant provisions contained in the
KPA will be applied.  They, in turn, set for the review of administrative actions including, among
others, anti-dumping actions.  According to the KPA, the Supreme Administrative Court is the
appropriate body for reviewing anti-dumping actions in Poland.G/ADP/Q1/POL/7
G/SCM/Q1/POL/7
Page 13
General Question.  Poland notified the Law of 11 December 1997 on the against
importing good into the Polish customs territor y at dumping prices to both the Committee on
Anti-dumping Practices and the Committee on Subsidies and Countervailing Measures.
Q33. Could Poland identify which, if any, of the provisions of Law 11 relate to
countervailing duty proceedings?
Reply
None of the provisions of the Law relates to countervailing duty proceedings.  On the other
hand, however, Poland is still under the process of adjusting its countervailing duty legislation to the
standards set by the Agreement on Subsidies and Countervailing Measures in a form of a separate
law.  As soon as the drafting of the Polish new legislation and translation from Polish into one of the
WTO languages are completed, it will be notified to the Committee on Subsidies and Countervailing
Measures.
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