RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/THA/12
G/SCM/Q1/THA/12
27 March 2000
(00-1242)
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 THAILAND1
The following communication, dated 23 March 2000, has been received from the Permanent
Mission of the United States.
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1. Article 4, subpart (iv) of Thailand’s Anti-Dum ping and Countervailing Act, B.E. 2542, (“the
Act”) defines “interested parties” to include “any other entity designated by the Minister ofCommerce.”  Please identify the types of entities that could fall within this definition and clarify the
criteria that would be considered in making that determination and the basis for such a determination.
2. Article 4 of the Act contains a limited description of the Committee for Dumping and
Subsidies without providing further context or explanation with respect to the decision-making role
the Committee plays in the proceedings or identifying the ministry under which the Committee is
employed.  Could you please provide further description of the Committee on Dumping and
Subsidies, its duties responsibilities and authority, and identify the agency under which the Committee
operates?
3. Section I, Article 7 of the Act provides that a determination to impose A-D or CVD measures
shall include consideration of the interests of not only the domestic industry, but also those ofconsumers and the public.  No further guidance is provided on the methodology and means for
considering these various interests.  Could you please specify the degree to which these various
interests will be taken into consideration and the methods for doing so?
4. Section II, Article 15 does not include language implementing Article 2.2.2 of the Anti-
Dumping Agreement (A-D Agreement) and its su bparagraphs that provide methodologies for
calculating constructed value.  Without domestic legal authority, how will the Thai authorities be able
to apply the provisions of Article 2.2.2?
5. Article 5 indicates that the Ministers of Finance and Commerce are authorized to issue
ministerial regulations “to maintain compliance with this Act”.  When will these regulations be
promulgated and notified to the WTO?
6. Section I of the Act addresses the law’s General Provisions.  Section I, Article 10, indicates
that the Thai Ministry of Commerce is authorized to issue notifications prescribing fees or expenses in
                                                     
1 G/ADP/N/1/THA/4-G/SCM/N/1/THA/4G/ADP/Q1/THA/12
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connection with petitions and “other information requests, ”in an amount" commensurate with such
tasks.”   Could you please explain the type of “other information requests” to which these fees will be
applied, and specifically how they will be determined?
7. Section III, Article 20 of the Act addresses injury considerations and the requirement that
examining authorities examine the impact of allegedly dumped/subsidized  imports on domestic
producers of the domestic like product(s)2 However, the Act does not explain which factors the
authorities must consider when conducting their examination of the impact of the dumped or
subsidized imports.  How will Thai authorities implement the requirements of Article 3.4 of the AD
Agreement and Article 15.4 of the Subsidies and Countervailing Measures Agreement (SCM
Agreement) in specifying the economic factors that  must be examined in determining the impact of
imports on the domestic producers of the relevant like product(s)?
8. How will Thai authorities implement the requirements of Arts. 3.2 and 15.2 of the AD and
SCM Agreements, respectively, concerning the factors which must be analyzed in evaluating subject
import price and volume?
9. Section III, Article 20 of the Act also states that Thai authorities will cumulate imports when
imports from more than one country are simultaneously subject to an antidumping/ countervailing
duty investigation.  While Article 20 indicates that Thai authorities will consider whether
dumping/subsidy margins are more than de minimis  in deciding whether to cumulate imports, it does
not mention whether the authorities will also ex amine the volume of imports from each country to
determine whether they are negligible, as required by Arts. 3.3 and 15.3 of the AD and SCM
Agreements, respectively.  Is it the intent of the Thai authorities to ignore information on import
volume when cumulating imports?   Does this mean the Thai authorities would cumulate imports from
several countries even if their import volumes were negligible for purposes of Article 28 of the Act?
10. According to Section X, Article 70 of the Act, Section III applies equally to both
countervailing and antidumping duty investigations.  While Section III, Article 22, describes factors
administering authorities should examine in determinin g threat of injury to the domestic industry in
antidumping investigations, it fails to mention that the authorities must also consider “the nature of
the subsidy” in making a threat determination in a countervailing duty investigation.
How do Thai authorities intend to implement the requirement of Art. 15.7 of the SCM
Agreement that the nature of the subsidy or subsidies in question be among the
factors considered when determining whether subsidized imports pose a threat of
material injury?
11. Section V, Part I, Article 27 states that if an interested party fails to provide necessary
information within an established time period, the determination may be based on facts available.  The
Act does not reference any time periods in which parties are to submit such information.  Do the Thai
authorities intend to provide exporters or foreign producers receiving questionnaires at least 30 days
for a reply consistent with Art. 6.1.1 of the WTO AD Agreement and Art. 12.1.1 of the SCM
Agreement?
12. Section V, Part III, Article 39 states that the Department of Foreign Trade will inform
interested parties of the initiation of an investigati on  “in writing.”   Does this mean Thai authorities,
upon initiation of the investigation, will also prov ide known exporters and the authorities of the
                                                     
2 Section X, Article 70 of the Act states that Sections II-IX of the Act, except for particular
provisions, apply equally to antidumping and counter vailing duty investigations, even though the text
of those sections refers only to “dumped” imports or “antidumping” investigations.G/ADP/Q1/THA/12
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exporting country with a copy of the petition as required by Article 6.1.3 of the AD Agreement and
Art. 12.1.3 of the SCM Agreement?
13. Section V, Part IV, Article 41 states that, if an affirmative preliminary determination of
dumping/subsidization is made, Thai authorities may impose provisional measures.  However, the Act
does not indicate whether the authorities will provide public notice of the provisional measure.  Will
Thai authorities provide such public notice as required by Art. 12.2.1 of the A-D Agreement and
Arts. 22.3 and 22.4 of the SCM Agreement?
14. Section VI, Article 49 similarly refers to affirmative final determinations.  Will Thai
authorities provide public notice of their final antidumping and countervailing duty determinations asrequired by Art. 12.2.2 of the AD Agreement and Arts.  22.3 and 22.5 of the SCM Agreement?
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