./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/62/Add.11
16 April 1999
(99-1510)
Committee on Anti-Dumping Practices
Ad Hoc Group on ImplementationOriginal: English/Spanish
COMPILATION OF INFORMATION PROVIDED BY MEMBERS CONCERNING
HOW DISCLOSURE OF ESSENTIAL FACTS IS ACCOMPLISHED BY
NATIONAL INVESTIGATING AUTHORITIES
Addendum
COMMUNICATION FROM BULGARIA (dated 23 March 1999)
Bulgaria provided a description of disclosure of essential facts in the Regulation of Council of
Ministers No. 287/4 December 1996 (Articles 17, 22 and 23), notified in document
G/ADP/N/1/BGR/1-G/SCM/N/1/BGR/1.  There is no national practice on implementation of
Article VI of the General Agreement on Tariffs and Trade 1994.
COMMUNICATION FROM JAPAN (dated 22 February 1999)Excerpted from document G/ADP/AHG/W/23 (Japan)
(8) Disclosure of essential facts
- The essential facts on which the final determination is based shall be notified in
writing to the interested parties sufficient ly before the final determination.  As a
general rule, they are notified approximately two months before the final
determination.  The disclosure provides specific information on the fact of dumping,
the fact of material injury, etc. to the domestic industry and the causality betweenthem, including methodology of calculating the dumping margin.  The interested
parties are allowed to make a rebuttal concerning the details of the disclosure within
the term.  As a general rule, the term is between ten days and two weeks from the
date of disclosure, which is prescribed in the notification of disclosure.
[Cf. the Cabinet Order, Article 15]
(Reference)
- Under the Tokyo Round Anti-Dumping Agreement, Japan, conducted, on its own
judgement, a disclosure of important facts before the final determination.
                                                     
1This document cancels and replaces the document in English only dated 16 April 1999.G/ADP/AHG/W/62/Add.1
Page 2
COMMUNICATION FROM PERU (dated 31 March 1999)
1. Before issuing a final resolution, the Commission shall communicate to interested parties the
essential facts examined that will serve as the basis for its conclusions.  These essential facts must
necessarily include the following:
(a) The criteria used to determine the investigated product;
(b) period of investigation;(c) the applicant's share within the domestic industry;(d) criteria used to determine the normal value of the like product;
(e) determination of the export price in order to make a comparison with the normal
value;
(f) variables taken into account to determine the injury to the domestic industry;(g) determination of the causal link;(h) other facts that the Commission considers relevant.
Interested parties have a period of five days following notification of the essential facts in which to
present their comments and arguments and request that a hearing be convened.
2. Once a hearing has been requested by any of the interested parties, the Commission shall
grant it within a period of three days following the request.
In this connection, paragraph 6.2 of the Anti-Dumping Agreement states that during the
hearings parties shall have the right, on justification, to present other information orally.  In such
cases, the information presented by interested parties that is of a confidential nature shall be presented
together with the corresponding non-confidential summary.
The Commission shall take into account the information presented orally at the hearing only
if it is submitted in writing to the Commission within the next five days.
3. After the expiry of the five-day period mentioned in the previous paragraph, the interested
parties shall be notified that the case has been forwarded to the Commission for a final resolution.
4. The Commission shall issue its final resolution within the following five days.
__________