RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/POL/6
G/SCM/Q1/POL/6
8 January 1999
(99-0044)
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 JAPAN1, TURKEY2 and VENEZUELA3
Regarding the Notification of POLAND4
The following communication, dated 22 December 1998, has been received from the
Permanent Mission of Poland.
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REPLIES OF POLAND TO QUESTIONS POSED BY JAPAN
General information on the relation between international agreements and the domestic legislation
within the Polish legal system
As far as the relation 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 customsterritory 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 on Implementation 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 Poland5 which states that a ratified international agreement shall
constitute part of the domestic legal order and shall be applied directly, unless its application depends
on the enactment of a statute and shall have precedence in the event of a conflict of laws.
Q1. Article 5.8 of the A-D Agreement provides that the volume of dumped imports shall
normally be regarded as negligible if the volume of dumped imports from a particular country
is found to account for less than 3 per cent of imports of like product in the importing Member.
                                                     
1 G/ADP/Q1/POL/3-G/SCM/Q1/POL/3
2 G/ADP/Q1/POL/2-G/SCM/Q1/POL/2
3 G/ADP/Q1/POL/4-G/SCM/Q1/POL/4
4 G/ADP/N/1/POL/2-G/SCM/N/1/POL/2
5 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/6
G/SCM/Q1/POL/6
Page 2
On the other hand, Article 21(1) of the Law of 11 December 1997 (hereinafter ”the
Law”) provides that the importation of goods is in significant if the volume of dumped imports is
lower than 1 per cent of the domestic production of the goods.
Could Poland explain why the Law takes a different standard of negligible imports from
the standard stipulated in the A-D Agreement?
Reply
Prior to the response to the question, Poland would like to correct the mistake in translation of
Article 21, paragraph 1, subparagraph 1 of the Law where the words ”1 per cent of the domesticproduction” 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, thePolish 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 WTO Anti-Dumping Agreement (hereinafter ”the
A-D Agreement”).  Thus, it is in full compliance w ith Article 5.8 of the A-D Agreement which in any
case does not impose a mandatory rule.
Q2. Part IV of the Law provides for anti-circu mvention measures.  How does Poland justify
this provision under the A-D Agreement?
Reply
Poland recognizes circumvention of anti-dumping measures as a problem which is in light of
the Ministerial Decision on Anti-Circumvention.  Though, like some other WTO Members, Poland
has included anti-circumvention provisions in the Law to prevent circumventing of anti-dumping
measures.
As a result of an anti-circumvention investigation, duties may only be extended to like
products,  including their parts, which are exported from the country subject to anti-dumping measures
and which are circumventing the measures in force against that country.  The rules for conducting
such investigations are precise and include dumping and injury tests as well as causality in all cases.
Under the anti-circumvention provisions, Poland may act under Article 46.2 of the Law
against circumvention through assembling activities conducted in Poland or in a third country or,
under Article 46.1 of the Law, against other forms of circumvention such as imports of knockdown
kits or slightly altered products  and wrong origin declarations, etc., when such practices coincide with
the imposition of measures.
Under Article 44.2 of the Law, Articles 20-29 of the Law shall be applied respectively to anti-
circumvention proceedings, but should be completed within 9 months after the date of initiation.  It
should also be noted that under Article 1.2 of the Law, all the anti-circumvention proceedings as well
as other anti-dumping procedures specified in the Law will be conducted with the observation of
requirements of the A-D Agreement.G/ADP/Q1/POL/6
G/SCM/Q1/POL/6
Page 3
REPLIES OF POLAND TO QUESTIONS POSED BY TURKEY
General information on the relation between international agreements and the domestic legislation
within the Polish legal system
As far as the relation 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 on Implementation ofArticle 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
6 which states that a ratified international agreement shall
constitute part of the domestic legal order and shall be applied directly, unless its application dependson the enactment of a statute and shall have precedence in the event of a conflict of laws.
Q1. Could the Polish authorit ies interpret Article 28.5 of the Law of 11 December 1997 on
the protection against importing goods into the Polish customs territory at dumping prices in
comparison with Article 7.4 of the WTO Anti-Dumping Agreement?
Reply
Article 3.3 of the Law provides that ”Anti-dumping duties shall be imposed at the level
necessary to remove the injury, but not exceeding the dumping margin.”  This, in turn, provides for
the application of the ”lesser duty rule”.  In cases, when this rule is applied the periods of 4 and 6
months for the application of provisional measures may be replaced by 6 and 9 months respectively as
specified in Article 7.4 of the A-D Agreement.  Having in mind the above, the provisions of
Article 28.5 of the Law are in full conformity with Article 7.4 of the A-D Agreement.
Q2. It appears that Part IV of the cited Law de als with the issue of anti-circumvention and
the procedures thereof.  Could you please evaluate  the conformity of this Part with the Anti-
Dumping Agreement?
Reply
Poland recognizes circumvention of anti-dumping measures as a problem which is in light of
the Ministerial Decision on Anti-Circumvention.  Though, like some other WTO Members, Poland
has included anti-circumvention provisions in the Law to prevent circumventing of anti-dumping
measures.
As a result of an anti-circumvention investigation, duties may only be extended to like
products,  including their parts, which are exported from the country subject to anti-dumping measures
and which are circumventing the measures in force against that country.  The rules for conducting
such investigations are precise and include dumping and injury tests as well as causality in all cases.
                                                     
6 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/6
G/SCM/Q1/POL/6
Page 4
Under the anti-circumvention provisions, Poland may act under Article 46.2 of the Law
against circumvention through assembling activities conducted in Poland or in a third country or,
under Article 46.1 of the Law, against other forms of circumvention such as imports of knockdown
kits or slightly altered products  and wrong origin declarations, etc., when such practices coincide with
the imposition of measures.
Under Article 44.2 of the Law, Articles 20-29 of the Law shall be applied respectively to anti-
circumvention proceedings, but should be completed within 9 months after the date of initiation.  It
should also be noted that under Article 1.2 of the Law, all the anti-circumvention proceedings as well
as other anti-dumping procedures specified in the Law will be conducted with the observation of
requirements of the A-D Agreement.
REPLIES OF POLAND TO QUESTIONS POSED BY VENEZUELA
General information on the relation between international agreements and the domestic legislation
within the Polish legal system
As far as the relation 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 customsterritory 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 on Implementation 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
7 which states that a ratified international agreement shall
constitute part of the domestic legal order and shall be applied directly, unless its application depends
on the enactment of a statute and shall have precedence in the event of a conflict of laws.
Q1. Article 5.5 of the Anti-Dumping Agreement provides that: ”... after receipt of a properly
documented application and before proceeding to initiate an investigation, the authorities shall
notify the government of the exporting Member concerned”.
Poland’s legislation does not provide for noti fication of the government of the exporting
Member before initiating the investigation.  Would Poland please indicate whether theinvestigating authority will notify the government of the exporting Member concerned after
receiving a properly documented application and before initiating the investigation, in
accordance with Article 5.5 of the Anti-Dumping Agreement?
Reply
Article 21.2 of the Law provides that ”(...) .  If it results from international agreements that
there is an obligation to inform authorities of the exporting country about the intention to initiate anti-
dumping procedures, the Minister of Economy shall inform respective countries about such an
intention.” This provision reflects the obligation set forth in Article 5.5 of the A-D Agreement andshall be implemented in accordance with this obligation.
                                                     
7 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/6
G/SCM/Q1/POL/6
Page 5
Q2. Article 27 of the Polish legislation provides  that: ”... after concluding that circumstances
indicate that the goods are dumped causing an injury to the domestic industry, the Minister of
Economy may approach the President of the Cent ral Board of Customs with a request that the
customs authorities register the goods covered by  anti-dumping procedures and brought into
the Polish customs territory”.
Would Poland please explain the scope and purpose of the above provision and how it is
compatible with Article 5.9 of the Anti-Dumpi ng Agreement and Article 11.10 of the Agreement
on Subsidies and Countervailing Measures?
Reply
The question relates particularly to Article 27.2 of the Law.  The purpose of including this
provision is to keep a record of imports of products under the investigation so that the need arise these
imports can subsequently be made subject to anti-dumping measures.  The registration of imports willbe made by customs services on the basis of current customs and commercial documents in force.
There will be neither additional document to fill in nor additional information to submit by an
exporter or an importer or any other legal or natural person.
The registration of imports specified in the Law is based on Article 6.6 of the A-D Agreement
which provides that ”the authorities [conducting the investigation] shall during the course of the
investigation satisfy themselves as to the accuracy of the information supplied by interested parties
which their findings are based” and on Article 10.7 of the A-D Agreement which provides for the
possibility ”to collect anti-dumping duties retroactively, (...), once they [the authorities conducting the
investigation] have sufficient evidence that the conditions set forth in that paragraph are satisfied.”
The registration of imports will be applied on a case-by-case basis if it is found necessary.  By
”necessary” is meant essential to satisfy Minister of Economy as to the accuracy of the information
supplied by interested parties within the meaning of Articles 6.6 and 10.7 of the A-D Agreement.
The full scope and the method of keeping the register as provided for in Article 27.3 of the
Law will be determined by the Minister of Finance acting in consultation with the Minister ofEconomy.   It has not been determined so far.
Moreover, it should be noted that Article 27.2 of the Law should be read together with
Article 27.1 of the Law which fully reflects the provision of Article 5.9 of the A-D Agreement.
Q3. Article 7.4 of the Anti-Dumping Agreemen t provides that provisional anti-dumping
duties may be imposed for a period not exceeding six months, only upon request by exporters
representing significant percentage of the trad e involved, or for a longer period when the
authority examines whether a duty lower than the margin of dumping would be sufficient to
remove injury.
Article 28.5 of the Polish legislation provides that provisional anti-dumping duties may
be imposed for a period of six months.  It also provides that this period may be extended for a
further three months, or the duties can be imposed for nine months at once, if foreign exportersrepresenting a considerable share of the trade co vered by anti-dumping procedures put forward
such a request, or do not object to it, in their response to the notification mentioned in
paragraph 6.G/ADP/Q1/POL/6
G/SCM/Q1/POL/6
Page 6
Would Poland please indicate how the possibility of establishing provisional anti-
dumping duties for a six-month period that can be prolonged in accordance with Article 28.5 of
the Polish legislation is compatible with rule  laid down in Article 7.4 of the Anti-Dumping
Agreement?
Reply
Article 3.3 of the Law provides that ”Anti-dumping duties shall be imposed at the level
necessary to remove the injury, but not exceeding the dumping margin.”  This, in turn, provides for
the application of the ”lesser duty rule” .  In cases, when this rule is applied the periods of 4 and 6
months for the application of provisional measures may be replaced by 6 and 9 months respectively asspecified in Article 7.4 of the A-D Agreement.  Having in mind the above, the provisions of
Article 28.5 of the Law are in full conformity with Article 7.4 of the A-D Agreement.
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