./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/CRI/1
G/SCM/Q1/CRI/1
20 October 1998
(98-4057)
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 COSTA RICA1
The following communication, dated 16 October 1998, has been received from the Permanent
Mission of the United States.
_______________
Costa Rica’s notification states that, pursuant to Decree No. 24772-MEIC-MAG, it has
designated an Office of Unfair Business Practices and Safeguard Measures as the competent authorityunder the Office of the Minister of the Economy, Industry and Trade for all administrative procedures
involving the application of anti-dumping and countervailing duty measures.  Article 8 of the Decree
suggests that the Minister will base any ruling on the report of the Office of Unfair Business Practices
and Safeguard Measures ("Office") and the recommendation or opinion of the Joint Commission.  The
Decree states the Joint Commission shall be an advisory body in respect of any complaint or
application filed, and one that is responsible for receiving the technical report of the Office and
recommending courses of action.
Q.1. How many technical reports will the Office issue in an investigation, and how many times
will the Commission be called upon to give a recommendation or opinion?
Q.2. What weight does the recommendation or opinion of the Commission have?  If the
recommendation or opinion of the Commission support s a ruling different from the report of the
Office, is the Minister obligated to follow either one?
Q.3. What form are these recommendations or opinions required to take, and what issues are they
required to cover?  Is there any law, regulation, or other authority that affects the form or content ofthe Joint Commission’s recommendation or opinion?
Q.4. Would the technical report of the Office furnished to the Joint Commission contain
confidential information submitted by the parties to the investigation?  If so, how would provision of
such materials to private citizen members of Joint Commission be consistent with Articles 6.5 of theA-D Agreement and 12.4 of the SCM Agreement, which forbid the disclosure of confidential
information to anyone except under specifically prescribed circumstances?
                                                     
1 G/ADP/N/1/CRI/1/Suppl.1-G/SCM/N/1/CRI/1/Suppl.1.G/ADP/Q1/CRI/1
G/SCM/Q1/CRI/1
Page 2
Q.5. Are the recommendations or opinions, or a public version of such documents, available for
inspection by parties who are entitled to participate in the investigation, as required by Article 12 of
the A-D Agreement and Article 22 of the SCM Agreement?
Article 3(e) of the Decree describes how the Office shall "conduct the necessary studies to
determine the truthfulness of the complaints of unfair business practices."
Q.6. Are these studies intended to incorporate the requirements of Art. 5.3 of the A-D Agreement
and Art.11.3 of the SCM Agreement that administering authorities shall examine the accuracy and
adequacy of the application for relief?
Q.7. In what circumstances is it anticipated th at anti-dumping or countervailing duty proceedings
would be handled by a unit other than the Offi ce of Unfair Business Practices and Safeguard
Measures, as suggested by Article 5 of the Decree?
Article 7 of the Decree states that the Joint Commission shall have seven members, three of
whom shall be private citizens nominated by the Costa Rican Union of Chambers and Associations of
Private Enterprise.
Q.8. How is this provision consistent with Arti cle 3 and footnote 3 of the A-D Agreement, which
require that injury findings be made by the "authorities" who are "authorities at an appropriate seniorlevel"?  Similarly, how is this provision consistent with Article 15 of the SCM Agreement, which also
requires that injury findings be made by the "authorities"?
Article 7 of the Decree requires Joint Commission members to act "in strict conformity with
the applicable ethical standards and rules of discretion."
Q.9. What are these standards and rules, and are there penalties for behaviour inconsistent with
them?  Do these rules prohibit private citizen members of the Joint Commission from participating in
the rendering of recommendations or opinions about investigations in which they have a personal or
financial interest?
Article 12 refers to the opening of an " ex officio  investigation in very specific cases of unfair
business practices through a duly substantiated resolution."
Q.10. Is this intended to refer to a decision to "self-initiate" an investigation in accordance with
Article 5.6 of the A-D Agreement and Article 11.6 of the SCM Agreement?
Q.11. Will investigations of an application for safeguard measures be handled by the same staff that
will conduct anti-dumping and countervailing duty proceedings?
Q.12. Will the nature of the recommendation expected from the Joint Commission differ depending
on whether it is reviewing a proposed safeguard measure or relief under a proposed anti-dumping orcountervailing duty measure?
Q.13. Has the Office of Unfair Business Practices and Safeguard Measures issued an internal
handbook of procedures within three months of the publication of the Decree, as was anticipated by
Article 12 of the Decree?
__________