WORLD TRADE
ORGANIZATIONG/ADP/AHG/W/59
15 October 1998
(98-3988)
Committee on Anti-Dumping Practices
Ad-Hoc Group on ImplementationOriginal:  Spanish
TOPIC 1* - ARTICLE 6.5:  TREATMEN T OF CONFIDENTI AL INFORMATION
TOPIC 5* - ARTICLE 5.5:  NOTIFICAT ION TO THE EXPO RTING MEMBERS
TOPIC 8* - ARTICLE 12:  PUBLIC NOTICES
TOPIC 9* - CONTENTS OF PRELIMINARY AFFIRMATIVE DETERMINATIONS
Paper By Venezuela
The following communication, dated 30 September 1998, has been received from the
Permanent Mission of Venezuela.
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Replies by Venezuela to the Ad-Hoc Group on Implementation
Topic 1.  Confidential information
(A) How should confidential information be supplied to the investigating authorities?
In general, interested parties are requested to  submit confidential information separately and
to identify it as such clearly and visibly by marking it "Confidential".
(B) How should the non-confidential version of  the confidential information be submitted?
Interested parties are generally requested to ensure that the non-confidential version of the
confidential information permits a reasonable understanding of how the information to which access
is restricted fits into the investigation.  Thus, the applicant should at least summarize or comment onthe information for which confidentiality is requeste d, in such a way as to enable any other party to
understand what the information in question is about.
(D) How does the authority t reat confidential information?
Once the information has been declared confidential by the Commission's Technical
Secretariat, it is placed in a file or folder separate from the public file, to which only the officials of
the Technical Secretariat responsible for conducting the investigation and the members of the
Commission responsible for making the corresponding decisions have access.
(E) In the event of a member giving access to confidential information, how should it be
disclosed?
As indicated in document G/ADP/AHG/38, Venezuela does not have a system for disclosing
information declared confidential.
                                                     
*See document G/ADP/W/401 for description of the topics.G/ADP/AHG/W/59
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Topic 5.  Notification of the exporting member
Contact points for the purposes of notification pursuant to Article 5.5:
Body:  Anti-dumping and Subsidies Commission
Contact point:  Enie Neri de Ross.  Title:  Chairman.
Address:  Avenida Libertador con calle Elice, Edificio Nuevo Centro, Piso 2, Chacao, Caracas.
1060 Venezuela
Telefax:  (582) 261.9533-266.2646/4719/5271
E-mail:  cass@true.net
Topic 8.  Public notices (content and method of publication)
Web Site
The Venezuelan Anti-dumping and Subsidies Commission has a home page with the
following address:  www.cass.com..ve
Through this address access can be had to detailed information relating to Venezuela's anti-
dumping and subsidies legislation, the competent authorities, the decisions taken by the Commission,
etc.
Public Notices
In accordance with the last paragraph of Article 27 of the Law on Unfair Foreign Trade
Practices, decisions taken by the Commission are published in the Official Gazette of the Republic of
Venezuela and notified to all those interested parties who have participated in the correspondingproceedings.  The above-mentioned provision is applicable both to decisions initiating an
investigation and decisions imposing provisional and definitive duties.
Content of public notices concerning decisions initiating an investigation
Article 42 of the Law on Unfair Foreign Trade Practices stipulates that decisions initiating an
investigation shall contain particulars of the good and the importers and exporters concerned, and thecountry of origin or of export.  Moreover, in accordance with Article 39, these decisions must contain
a summary of the data relating to the name, specifications, characteristics, use or end-use of the
foreign good concerned;  the name, specifications, characteristics, use or end-use of the like good
produced in Venezuela, and any other facts or evidence proving the alleged dumping or subsidies,
injury and a causal relationship between them.
On the other hand, the single paragraph of Article 42 of the Law on Unfair Foreign Trade
practices specifies that the text of the decision to initiate an investigation shall be published in two
(2) newspapers with broad national circulation to be indicated by the Technical Secretariat for this
purpose.
Content of public notices concerning decisions imposing provisional and definitive duties
The content of public notices relating to provisional and definitive decisions is governed by
the terms of Article 53 of the Law on Unfair Foreign Trade Practices.  Thus, these notices mustcontain:
1. Name, specifications, characteristics, tariff classification, use or end-use of the foreign
good concerned;G/ADP/AHG/W/59
Page 3
2. Name and other information identifying the producer or producers of the said good, as
well as the exporter or exporters to Venezuela;
3. Name and other information identifying the importer or importers of the said good into
Venezuela;
4. Country of origin or of export of the said good;
5. Name, specifications, characteristics, tariff classification, use or end-use of the like
good in Venezuela;
6. Name and other information identifying the producer in Venezuela of the said like
good, where appropriate;
7. Margin of dumping, where appropriate, including a description of the method used to
calculate it;
8. Description of the subsidies granted, where appropriate;
9. Description of the injury caused or likely to be caused to the domestic industry or an
estimate of the material retardation of the establishment of the said industry;
10. Amount of the definitive or countervailing duties;  and
11. Method by which the provisional duties imposed are to be collected, where appropriate.
Moreover, jointly with the publication of the decisions, both those relating to the imposition
of provisional duties and those relating to the imposition of definitive duties, the technical report
supporting the decision is placed in the public file, so that any interested party may have access to the
criteria and grounds on which the decisions were based.
Topic 9.  Contents of preliminary affirmative determinations
The decision, containing all the particulars mentioned under the previous topic (public
notices) is published in the Official Gazette of the Republic of Venezuela by the competent
Venezuelan authority.  Moreover, the decision is sent to all the interested parties and a non-
confidential version of the preliminary report is placed in the public file.  This sets out in greater detail
all the above-mentioned points, together with the grounds for the preliminary determination of
dumping, injury and causal relationship and the analysis of the corresponding issues of fact and law.
Topics on which Venezuela has already replied
Venezuela has already submitted replies on some of the topics on which members are invited
to submit information or opinions, as detailed below:
Topic 1:  (i)  List of information which Venezuela considers confidential by nature, (ii)  opinions
requested by the Chairman of the Ad-Hoc Group on the criteria applied by the competent authority in
deciding whether or not to accept a request for confidentiality.  See documents G/ADP/AHG/W4,
G/ADP/AHG/12 and G/ADP/AHG/38 dated 27 March and 23 September 1997 and 7 April 1998,respectively.
Topic 5:  (i)  Appropriate content of the notification of the exporting member.  See document
G/ADP/AHG/W38 dated 7 April 1998.G/ADP/AHG/W/59
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Topic 6:  (i)  Procedures and practices relating to hearings applied by the competent Venezuelan
authority.  See document G/ADP/AHG/W/38 dated 7 April 1998.
Topic 7: (i) Information to be provided in the essential facts report.  See document
G/ADP/AHG/W/38 dated 7 April 1998.
Topic 10:  (i)  Lower duty rule, (ii) Refund procedures.  See documents G/ADP/AHG/W/38 dated
7 April 1998 and G/ADP/AHG/W/12 dated 12 September 1997.
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