RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/51
7 August 1998
(98-3118)
Committee on Anti-Dumping Practices
Ad Hoc Group on Implementation
COMPILATION  OF INFORMATION PROVIDED BY MEMBERS
CONCERNING THEIR HEARING PROCESSES
As requested by the Ad Hoc Group on Implementation at its April 1998 meeting, this
document complies information submitted by Members concerning their hearing processes.
_______________
Excerpted from: Page
Document G/ADP/AHG/W/3 (US) .................................................................................................... 1
Document G/ADP/AHG/W/16 (Mexico) ........................................................................................... 4
Document G/ADP/AHG/W/30 (Canada) .......................................................................................... 7
Document G/ADP/AHG/W/35 (Turkey) ........................................................................................... 8
Document G/ADP/AHG/W/36 (Israel) .............................................................................................. 8
Document G/ADP/AHG/W/37 (EC) .................................................................................................. 9
Document G/ADP/AHG/W/38 (Venezuela) .................................................................................... 11
Document G/ADP/AHG/W/39 (Colombia) ..................................................................................... 12
Document G/ADP/AHG/W/40 (Argentina) .................................................................................... 14
Document G/ADP/AHG/W/42 (Japan) ........................................................................................... 15
Document G/ADP/AHG/W/46 (Brazil) ........................................................................................... 16
Document G/ADP/AHG/W/47 (Australia) ...................................................................................... 17
Document G/ADP/AHG/W/3 (the United States)
Hearings
Section 6.2 of the WTO Agreement on Implem entation of Article VI of the GATT 1994
requires that the interested parties in an anti-d umping (A-D) investigation be provided with full
opportunity to defend their interest throughout the course of the investigation.  In this regard, theagency responsible for administering the A-D Agreement is required to provide an avenue for all
interested parties to present their arguments and rebuttals to the opposing party's arguments for use in
its final determination.G/ADP/AHG/W/51
Page 2
The US A-D law carries out the obligations prescribed in Section 6.2 by providing interested
parties with opportunities to present their views at numerous stages of investigations conducted by
both the Department of Commerce (Department) and the International Trade Commission
(Commission).
Department of Commerce Procedures
During the course of investigations carried out by the Department, parties are granted the
right to request a public hearing, submit case and rebuttal briefs, and provide written comments at
several stages of the proceeding.1  In addition, in accordance with Article 6.5, interested parties are
given the opportunity to obtain all information collected by the agencies in the course of an
investigation, including business proprietary information released under administrative protectiveorder.
Interested parties may request a public hearing within thirty days
2 after the Department
publishes its preliminary determination in an investigation or the preliminary results of an
administrative review.3  When a public hearing is requested, it is scheduled to be held after the
preliminary determination and submission of case and rebuttal briefs, but prior to the final
determination or the final results of review.  Requests for hearings are made by the interested parties
in most investigations and reviews.
In preparation for the hearing and as a means for the agency to have ample time to consider
adequately all the arguments and rebuttals prior to the hearing, interested parties intending to
participate in the hearing must file a written case br ief.  The case brief must present all arguments that
continue to be relevant in the proceeding.  A rebuttal brief can then be submitted (also in writing) by
each interested party, usually within five days of filing the case brief.  The rebuttal arguments may
respond only to arguments raised in the case briefs.
At the public hearing, the parties present their arguments orally on the issues that have arisen
during the proceeding.  Parties are also given an opportunity to present oral rebuttals.  These
arguments and rebuttals must be limited to those points raised in the written case and rebuttal briefs.
The hearing is conducted by a high level agency official.  During the hearing, this official, as
well as the other government officials who are attending the hearing, may ask questions and/orrequest additional information relevant for consideration in the Department’s final determinations.  A
verbatim record is made of the hearing which is included in the public file of the case, which the
agency maintains and which is open to public inspection during business hours.
Hearings are public.  Generally, the interested parties, their legal representatives, and the
agency's staff responsible for the investigation or review are present.  However, at some hearings,
other parties, including other government agencies, attend.  Sometimes members of the press attend,
as well.  Only those parties that have submitted case and rebuttal briefs prior to the hearing may
participate in the discussion.  The length of the hearing depends on the number of issues to be
                                                     
1 Sections 351.309 and 351.310 of the proposed anti-dumping regulations.
2 In an investigation, the preliminary determination is usually due 160 days from the date the petition is
filed and the final determination is usually due 235 days from the date the petition is filed.  Case briefs areusually due within 50 days after the preliminary determination and the rebuttal briefs within five days after thetime limit for filing the case brief.  The hearing is usua lly scheduled within several days after rebuttal briefs are
received.
3 Whenever the term preliminary determination is used, it also incorporates preliminary results of
administrative reviews.G/ADP/AHG/W/51
Page 3
discussed.  The average length of a hearing is three to four hours.  However, in some instances,
hearings can take several days.
Normally, only information that is available to the public is discussed at a hearing.  When an
interested party to the proceeding believes that it is necessary to make reference to proprietaryinformation for its arguments or rebuttals, that party may request the agency to conduct a "closed
session."  If the agency determines that the use of proprietary information is required and, therefore, a
closed session is conducted, discussion at this closed session is limited to that part of the hearing that
requires the use of such information.  After the part of the hearing that is open to the public is
concluded, the agency insures that all parties exit  the hearing room except those parties who may be
permitted access to proprietary information.  The ag ency also takes precautions regarding the court
reporter.  The court reporting firm and the individual court reporter must sign a special contractualagreement with the agency not to disclose BPI in advance of the hearing.
International Trade Commission Procedures
During a full investigation before the Commission, parties are formally given at least seven
opportunities to provide argument, information, or comments.  These stages are (1) the preliminary
phase staff conference, (2) the postconference written brief, (3) written comments on draft
questionnaires for the final phase of the investigation, (4) a written prehearing brief, (5) testifying at
the full hearing before the Commissioners and staff, (6) a written posthearing brief, and (7) final
written comments on late-arriving information.  Moreover, parties are provided numerous otheropportunities to contact Commission investigative staff, as well as to provide data in response to the
Commission’s questionnaires concerning injury issues.
During the Commission’s proceedings, notice of the commencement of a preliminary phase
of an investigation is published in the Federal Register, and notice is given of a hearing before theCommission investigative staff (called the “conference”) where interested parties can provide
testimony even during the preliminary phase of the investigation.  Parties are also given the
opportunity to file written briefs where they may comment on testimony presented at the conference,
challenge evidence or arguments made by their opponents, or comment on information released under
the protection of the APO.
4
The Commission will issue questionnaires during the final phase of the investigation, to US
producers of the domestic like product, importers of the allegedly dumped or subsidized merchandise,
and to purchasers of the imports and domestic like product.  Parties are given an opportunity to
comment in writing on the content of those questionnaires.5  After a notice of an affirmative
preliminary determination by the Department , the Commission will issue and publish a notice of
scheduling, setting forth the dates for a hearing before the full Commission and for filing writtenbriefs.
6  Throughout the final phase of the investigation, interested parties to the investigation are
served with submissions made by other parties, and business proprietary information received by the
Commission is released to parties under the APO.
Prior to the hearing and filing of prehearing briefs, the staff prepares a prehearing report,
summarizing the information received by the Commissi on at that time.  The report is released to the
                                                     
4See 19 CFR 207.3 (requirement of parties to serve information submitted on other parties), 207.7(a)(1)
(release of business proprietary information under APO), 207.12 (notice of preliminary phase of investigationpublished), and 207.15 (provision for written briefs and conference).
5 See 19 CFR 207.20(b).
6 See 19 CFR 207.21.G/ADP/AHG/W/51
Page 4
parties so that their prehearing briefs may reflect the most current data practicable.7  Each party then
has an opportunity to file a prehearing brief, attend and present testimony at a hearing before the
Commissioners and staff, and respond at the hearing or in a written posthearing brief to the arguments
of the parties and to the questions of the Commission and staff.8  A party may request that a portion of
the hearing be closed to the public in order to discuss business proprietary information that could nototherwise be discussed in a public hearing.
9  A final report is prepared by the staff summarizing the
information obtained.  This report is released to the parties along with any late-arriving information
that had not previously been released to the partie s.  The parties are then given a final opportunity to
comment on this information.10
Document G/ADP/AHG/W/16 (Mexico)
Meetings with the parties
Under Mexican law, there are three kinds of meetings which the investigating authority may
hold with the parties in the course of an anti-dumping investigation:
- Public hearings;
- conciliation meetings;
- technical information meetings.
As explained below, each of these types of meetings has a particular purpose and is governed
by specific rules.
A. Public hearings
According to Article 81 of the Foreign Trade Act and Articles 165 to 170 of its Regulations,
the purpose of these meetings is to allow the interested parties to appear and submit arguments in their
defence, and to question the other parties regarding the information, data and evidence submitted by
them in the course of the investigation.
As regards the questioning by the parties of each other, it is important to point out that in
order to ensure that the parties do not raise questions that are irrelevant to the investigation, harass
each other in any way or ask insidious questions, the investigating authority evaluates the relevance ofeach question and, where it deems necessary, may demand that it be rejected.
In the course of the hearing the authority, su bject to agreement with the parties, fixes the
maximum time-period permitted for each party to present its arguments.
11  The floor is given to the
exporters, the importers and the domestic producers (in that order), each of whom is subsequentlygiven the right to reply to the arguments of the other parties for a second time, in the same order.
For the sake of clarity, we have set out below the different stages of a public hearing:A. Opening of the hearing;
                                                     
7 See 19 CFR 207.22.
8 See 19 CFR 207.23, 207.24, and 207.25.
9 See 19 CFR 207.24(d).
10 See 19 CFR 207.30.
11 Without prejudice to extending the time allocated for participation by the parties as it considers
necessary.G/ADP/AHG/W/51
Page 5
B. Reading by the investigating authority of the summary of the arguments and the
status of the investigation;
C. Oral submissions by the parties:
1. exporters;
2. importers;
3. domestic producers;
D. Rebuttals by the parties:
1. exporters;
2. importers;
3. domestic producers;
E. Questioning by the parties of each other (in the order in which they presented their
oral submissions);
F. Questioning of the parties by the investigating authority;G. Closure of the hearing.
The rules of confidentiality laid down in the Foreign Trade Act and the Regulations under the
Foreign Trade Act must be observed during the hearing.  Where confidential information is to be
discussed, the hearing is conducted in camera, and access to confidential information is given only to
representatives of the parties duly authorized for the purpose.
12
The investigating authority also has the power (which it always uses in practice) to question
the parties on the arguments and evidence submitted by them during the investigation, and can thus
obtain information directly from the parties.
A record of the public hearing is drawn up in which a detailed account is given of the
proceedings;  it must be signed by all participants.
Finally, these meetings are held following the publication of the preliminary resolution.
B. Conciliation meetings
Pursuant to Article 61 of the Foreign Trade Act, the parties may request the investigating
authority, at any time during the proceedings, to c onvene a meeting with the other interested parties in
order to propose formulas for resolving the case and terminating the investigation.
Once such a request has been submitted, the investigating authority informs the other parties
so that they may make any comments they consider relevant.  Once the views of the parties have beenheard, the Ministry may, where appropriate, invite the interested parties to a conciliation meeting,
indicating where and when it is to take place.
                                                     
12 It is important to recall that under Mexican law,  representatives of the interested parties may have
access to the confidential information of other parties pr ovided they meet certain requirements and are duly
authorized to do so by the investigating authority (Article 80 of the Foreign Trade Act).G/ADP/AHG/W/51
Page 6
The failure of a party to attend this meeting does not in any way prejudice that party's
interests.
If in the course of the hearing the parties are able to agree on a formula for resolving the case
and terminating the investigation, the proposed so lution must be examined by the investigating
authority and where appropriate, i.e. provided it does not violate the rights of the parties or Mexico's
obligations as a Member of the WTO, the inves tigation may be terminated by incorporating the
agreement reached into the final resolution.
A written report is drawn up of the proceedings and signed for the record by the
representatives of all of the parties concerned.
C. Technical information meetings
According to Article 84 of the Regulations under the Foreign Trade Act, once a preliminary
or final resolution has been published, the parties may request the investigating authority to explain its
conclusions, its calculations, and the method by which it arrived at the findings contained in thepreliminary or final resolution so that they may adequately defend their interests.
For such a meeting to be held, the interested parties must submit a request to the investigating
authority within five days following the publicati on of the preliminary or final resolution, in which
they indicate the subjects they wish to address.
Once the investigating authority has accepted the request of the parties (the only conditions
for acceptance being that they should be submitted on time and that the parties should be duly
accredited in the investigation), it notifies the parties of the time and place at which the meeting is to
be held.
The proceedings are relatively simple:  the parties meet with representatives of the
investigating authority, in particular with the tech nical representatives responsible for the calculations
or analysis, who explain the findings.
At a technical information meeting on dumping, for example, the investigating authority
explains to the exporting companies the way in which the margin of dumping was calculated on thebasis of its own information, and supplies them with  copies of the computer programmes on which the
calculations were based so that they may go through the same calculations using their own
information.
As with public hearings, the proceedings of the technical information meetings are recorded
in a report which is signed, for the record, by the representatives of the company that requested the
meeting and by the investigating authority.G/ADP/AHG/W/51
Page 7
Document G/ADP/AHG/W/30 (Canada)
WTO Requirements
Article 6.2 of the Anti-dumping Agreement (The Agreement) requires authorities in anti-
dumping investigations to provide, on request, opportunities for all interested parties to meet those
parties with adverse interests so that opposing views may be presented and rebuttal arguments
offered.13
Canadian Practice
Canada operates a bifurcated anti-dumping system.  Revenue Canada is responsible for the
receipt and evaluation of anti-dumping complaints, the initiation of investigations and the preliminary
determinations of dumping and injury.   Once the preliminary determinations are made, the Canadian
International Trade Tribunal (Tribunal) assumes authority over the issue of injury.  The Tribunal has
final authority over matters of injury and Revenue Canada has final authority over the determination
of the margin of dumping.
Revenue Canada
At any time during the investigation process, sh ould the interested parties request a meeting
as contemplated by Article 6.2, Revenue Canada would provide the opportunity.  To date, given thatRevenue Canada has not been requested to hold such a meeting, it is a general impression that the
constraints imposed by the confidential nature of much of the information, and the constraints
imposed by the investigative procedures make such a request unlikely.
The Canadian International Trade Tribunal
The Tribunal, as a quasi-judicial body, has rules and procedures similar to those of a court of
law but not quite as formal.  The Tribunal provides  for parties with opposing views to present those
views at hearings attended by all parties.  For example:
The pre-hearing conference allows the Tribunal to hear from parties and to resolve procedural
and substantive matters prior to the commencement of  the injury hearings. Such a conference may be
used to determine, for example, the goods, or classes of goods, which will be the subject of the
inquiry.   A pre-hearing conference is optional and may be held at the request of an interested party or
the Tribunal itself.  While held mostly in person, these conferences may be held by electronic
teleconferencing, where possible.
The Tribunal’s injury hearings provide for the consideration of those issues relevant to the
final determination of injury, including the cross- examination/testing of witnesses and evidence, and
argument by counsel.
                                                     
13 Article 6.2 states:  Throughout the anti-dumping investigation all interested parties shall have a full
opportunity for the defence of their interests.  To this end, the authorities shall, on request, provide
opportunities for all interested parties to meet those partie s with adverse interests, so that opposing views may
be presented and rebuttal arguments offered.  Provision of such opportunities must take account of the need topreserve confidentiality and of the con venience to the parties.  There s hall be no obligation on any party to
attend a meeting, and failure to do so shall not be prejudicial to that party's case.  Interested parties shall also
have the right, on justification, to present other information orally.G/ADP/AHG/W/51
Page 8
Questions
Canada would be interested in learning of other Members’ experience with meetings as
contemplated by Article 6.2.
Regarding the use of meetings (hearings) and other forms of fact-finding (questionnaires,
submissions, pre-hearing conferences, etc.), have other Members experienced problems in the
gathering of information for purposes of an anti-dumping investigation?
Regarding the Anti-dumping Agreement Article 6.2 requirement to give parties the right to
present evidence orally, Canada would be interested in knowing of other Member’s practices and
experience in this area.
Document G/ADP/AHG/W/35 (Turkey)
As already stated in our previous paper (G/ADP/AHG/W/14),
"Hearing(s) can be held at any time during the course of investigation.  It is
regarded beneficial that if all the interested parties have basic information and facts
about the investigation and the investigating authority  has identified some issues but
has not made a preliminary determination yet.  After preliminary determination,hearing(s) may be held for the interested parties who want to submit their views
again."
Document G/ADP/AHG/W/36 (Israel)
Israel's present anti-dumping law does not obl igate the Commissioner to hold formal hearings
with the interested parties to the complaint duri ng the investigation stage of the procedure.  In
practice, however, informal hearings are a common occurrence during the investigation stage of the
procedure.  The Commissioner will not rely in his findings on oral evidence heard during these
meetings but rather the parties are requested to submit in writing any oral information which has been
presented.
The Trade Levies Law, obligates the Advisory Committee, after receiving the Commissioner's
findings, to hold a formal hearing before submit ting their recommendations regarding the imposition
of a final duty to the Minister of Trade and Industry.  Parties to the investigation are invited to appear
before the Committee and state their position and views concerning the complaint.  The Law enablesthe Committee to invite any additional parties to make their views known, if in the Committee's
opinion they will aid in the Committee's work.  These parties may include representatives of the
National Consumer Organization.
A written transcript of the hearing is kept on file.In many instances the parties are represented by legal counsel during the hearing although
there is no obligation to do so.
The sessions are closed to the public.We would like to note that although the official language in Israel is Hebrew, under certain
circumstances interested parties are given the opportunity to speak in English during the hearing (with
no simultaneous translation back to Hebrew).G/ADP/AHG/W/51
Page 9
Document G/ADP/AHG/W/37 (EC)
WTO requirements
1. Article 6.2 of the WTO-Agreement on the Implementation of Art. VI of the GATT 1994
requires the interested parties in an anti-dumping proceeding to have a full opportunity for the defence
of their interests throughout the investigation. To th is end the authorities enforcing anti-dumping law
shall provide the opportunity for all interested parties to present their views and rebuttal arguments.
On justification they shall also have the right to present other information orally.
2. Article 6.2 of the WTO-Agreement on the Implementation of Art. VI of the GATT 1994
thereby not only provides for the right to a hearing, but more generally, provides for the right to be
heard fairly for the duration of anti-dumping proceedings.
Background to EC Rules
3. The EU’s anti-dumping law takes account of the right to a fair hearing - which is a general
principle and fundamental right of European Community law - throughout the administrative
procedure conducted by the European Commission as competent authority. The Commission has a
duty not only to hear interested parties but also to provide them with information. This places partiesconcerned in a position in which they can effectiv ely make known their views on the correctness and
relevance of the facts and circumstances alleged, and on the evidence presented by the Commission in
support of its findings. Formal hearings are one of many procedural elements which safeguard the
right to fair hearing in anti-dumping proceedings and thus sit alongside other procedural provisions
protecting this right.
EC legislation - provisions for parties to be heard
4. Council Regulation No. 384/96 (Basic Regulati on) formally provides for the opportunity to
obtain information and submit arguments and comments in numerous ways. In the Community
system, the arrangements for full and automatic disclo sure of facts underpin parties’ ability to defend
and represent their interests fairly and adequately. Article 20 governs the right to submit informationand comments regarding the imposition of provisional or the planned imposition of definitive duties.
The Commission is obliged to allow a reasonable ti me for parties to submit comments following the
provisional or final disclosure of “essential facts and considerations” upon which findings are based.
Similarly, parties have the right to “amplify, rebut or comment on matters” set out in various types of
reviews (Art. 11, 12 & 13).  Note that the right to be heard is extended beyond narrow definitions ofinterested parties when it comes to the determination of the Community (public) interest in anti-
dumping proceedings, where Article 21 explicitly envisages assessment of the views of users and
consumers of the product, for example.
5. During the investigation itself, interested parties ensure that due account is taken of their
position through exerting their rights to a formal hearing (Art. 6.5), to be provided with the
opportunity to meet parties with adverse interest s (Art.6.6), and to inspect non-confidential files
(Art. 6.7).  Formal hearings can be asked for duri ng anti-dumping procedures at two stages: interested
parties can do so either after the notice of the initiation of A-D-proceedings in the Official Journal or
after the imposition of provisional duties. Hearings can then be held on aspects of dumping, injury,causation and Community interest as well as on aspects of legal procedure. They can be conducted at
the beginning of the proceeding, during or after verifications, before or after the imposition of
provisional duties. Typically, from two to four hearings will be held per case. Oral informationG/ADP/AHG/W/51
Page 10
presented during the meeting will be taken into account as long as it is subsequently confirmed in
writing, in both confidential and non-confidential forms if appropriate.
6. Any infringement of the right to a fair he aring during the proceedings may lead to the
annulment of the regulation imposing definitive A-D-duties by the Community judiciary.14
7. Besides formal hearings, additional channels of communication between the Commission andthe interested parties exist in the form of technica l information meetings and post-disclosure meetings.
They differ in comparison to formal hearings by style and procedure.
8. Two possible types of formal hearings (mentioned in paragraph 5 above) exist; one is the
single party hearing, the other is confrontation meeting:
Single party Hearings ( ex parte )
9. According to the Basic Regulation, interested  parties which have made themselves known
following initiation of proceedings in accordance with Article 5.10,  have the right to a hearing.  Theyshould submit a written request for a hearing within the period specified in the notice of initiation,
confirming that they are an interested party likely to be affected by the result of the proceeding and, if
appropriate, specifying any particular aspect of the case on which they would like to be heard.
10. Hearings will be attended by Commission staff in charge of the case. The role of Commission
officials attending hearings is, according to current practice, basically limited to listening to the
information and arguments put forward by the parties.
11. Generally, hearings are not conducted according to a rigid procedure. Nevertheless, interested
parties asking for a hearing can request the appointment of a hearing officer to preside over a hearing.This officer will be an experienced official of the anti-dumping service who is not directly involved
with the particular case. Hearings are not public.
12. No new information may be presented by the parties during the hearing if the presentation of
such information would infringe the time limits within which relevant information has to be
communicated to the Commission. Beyond that time limit parties may only provide additional
comments on data which has already been presented.
Confrontation Meetings
13. On request, confrontation meetings between the parties concerned may be organized by the
Commission. These meetings are presided over by Co mmission officials. Contrary to the single party
hearings, there is no time limit within which a request for a confrontation meeting has to be filed. The
requesting party merely has to have made itself known during the period specified in the notice of
initiation.
14. As in single party hearings, the problem can arise that interested parties offer fresh
information which was not originally provided within the specified time limits. Such information can
then only be taken into consideration if it is a rebuttal of arguments offered by the other parties or may
be considered as an elaboration of information previously provided.
                                                     
14E.g. Case C-49/88 Al-Jubail Fer tiliser Company (Samad) et Saudi Arabian Fertiliser Company
(Safco) v. Council of the European Communities, ECR 1991, I-3187, para. 15 et. seq.G/ADP/AHG/W/51
Page 11
15. No party can be obliged to attend confrontation meetings. The Basic regulation makes it quite
clear that there will be no disadvantage for any party not attending a confrontation meeting. In
practice confrontation meetings have become more and more rare as investigation procedures have
become increasingly detailed and formalized.
Document G/ADP/AHG/W/38 (Venezuela)
Venezuelan anti-dumping law stipulates that the interested parties may hold hearings before
the competent authority in order to enable them to  present their opposing views and possible rebuttals.
Such hearings may be proposed by the interested parties or by the competent authority, and are
conducted at the headquarters of the competent authority during the period of the preparatory enquiry.In most cases, hearings have been held at the proposal of the competent authority.  However, none of
the parties are obliged to attend such meetings and th eir absence is not detrimental to their case.  The
competent authority agrees the place and date of such hearings with the interested parties in advance,
and informs them of the stages, time-limits, order of speakers and time allotted.
These hearings allow the interested parties to outline their arguments and conclusions and to
rebut the arguments and conclusions of the opposing parties.  To that end, the hearing is divided into
three stages:
(i) Outline of arguments;(ii) rebuttal by the parties;(iii) questions by the competent authority.
Before the hearing begins, the authority explains the stages and time-limits, the order of
speakers and the time allotted to each party to outline its arguments and rebuttals, and a summary of
the investigation and the arguments presented by the parties is read.
(i) During the first stage, the parties are able to give a brief oral presentation of their
arguments within a time-limit previously agreed between them and the authority,
beginning with the domestic producer, followed immediately by the importers andexporters and by any other interested party;
(ii) During the rebuttal stage, the parties are given the chance to rebut the arguments
presented by the opposing party within a time-limit previously agreed between them
and the authority, in the same order as for the first stage;
(iii) During the questioning stage, the competent authority may question the parties
directly concerning the arguments and evidence presented by them during the
investigation.  The parties are then given five working days following the completion
of the proceedings to submit a report of their observations with respect to the hearing.G/ADP/AHG/W/51
Page 12
Document G/ADP/AHG/W/39 (Colombia)
Question
Canada would be interested in learning of  other Members' experience with meetings as
contemplated by Article 6.2.
Regarding the use of meetings (hearings) and other forms of fact-finding
(questionnaires, submissions, prehearing conf erences, etc.), have other members experienced
problems in the gathering of information for purposes of an anti-dumping investigation?
Regarding the Anti-Dumping Agreement Article 6.2 requirement to give parties the
right to present evidence orally, Canada would be interested in knowing of other Members'
practices and experience in this area.
Reply
Hearings in general are discussed in Part VI of this document.  However, specifically with
regard to the presentation of oral evidence at hear ings, for such evidence to be taken into account in
the investigation it must be submitted to the investig ating authority in writing within ten (10) working
days of the day following the holding of the hearing.
Topic VI
(Article 6.2)  What is the practice regarding hearings?
6.1 Legal provisions
6.1.1 WTO
Article 6.2 of the Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade 1994.
6.1.2 Colombian legislation
Law 170 of 15 December 1994 approves the Agreement Establishing the World Trade
Organization, including the complete text of the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994.
In addition, Article 40 of Decree 299 of 10 February 1995 states:  "Joint Hearings of
Interested Parties.  Within 15 calendar days following publication of the preliminary determination,
the interested parties in the investigation and in general any persons who have shown that they have a
legitimate interest in the investigation may apply for the holding of joint hearings of interested parties
representing different interests.
INCOMEX has five working days to convene the meeting.  The meeting shall be held within
one month from the date upon which the application is submitted."G/ADP/AHG/W/51
Page 13
6.2 Colombian practice
6.2.1 Procedure for holding a hearing
1. The purpose of holding a hearing is to provide an opportunity for the interested parties to
participate in order to present the views and rebuttal arguments they consider relevant, as well as to
comment on the determinations made in general in the course of an investigation for alleged dumping
of imports of a particular product.  This is based on Article 6.2 of the Agreement on Implementation
of Article VI of the General Agreement on Tariffs and Trade 1994, pursuant to Article 40 of
Decree 299 of 1995.
2. This hearing may be attended by the applicants, the importers, exporters and known producers
of the goods subject to investigation, diplomatic or consular representatives of the countries of export
or of origin and, in general, anyone with an interest in the investigation.
3. The hearing is chaired by the Director of INCOMEX or his representative.
4. The hearing is conducted in Spanish and the parties confine themselves to dealing with the
views and rebuttal arguments submitted to the investigating body and to comments on the
determinations made in the course of the investigation.
5. Whenever they speak the representatives of the parties must identify themselves, giving their
own name and that of the enterprise they represent.
6. The Director of INCOMEX or his representative is authorized to chair the hearing and make
points of order so that the statements and other interventions of the participants are made in strict
rotation and do not exceed 10 or at most 15 minutes in length.
7. The Director of INCOMEX or his representative may also require speakers to amplify, repeat
or clarify their statement, to the extent he considers necessary.
8. The confidentiality of information designated as confidential must be respected.9. The draft decree on dumping, which will am end Decree 299 of 1995, stipulates that only
those arguments which have been submitted in writing within ten (10) working days of the holding of
the meeting will be taken into account.
6.2.2 Stages of the proceeding
1. Opening.2. Items for discussion.3. Views and rebuttal arguments.4. Closing.1. Opening
In this stage, the Director of INCOMEX or his representative will give a brief account of the
Institute's activities in connection with the investigation.G/ADP/AHG/W/51
Page 14
2. Items for discussion
After opening the hearing, the Director of INCOMEX or his representative presents the topics
which, at the request of the interested parties, will be discussed at the hearing.
3. Views and rebuttal arguments
The Director of INCOMEX or his representative gives the floor to the speakers as follows:
representatives of the importers, exporters and known producers in that order, so that they may
present their views and/or rebuttal arguments.
Each representative of an interested party ma y speak, for the time allowed, on the evidence or
arguments submitted by the other parties.  Three minutes notice of the end of the statement is given.
No representative may speak for longer than the time allowed, unless the Director of
INCOMEX or his representative considers it appropriate.
Persons other than those mentioned may also be allowed to speak in order to explain or
elaborate on necessary technical aspects.
4. Closing
Once the statements have been made, the hearing is closed.
Document G/ADP/AHG/W/40 (Argentina)
A. Hearings
During the course of an investigation and prio r to the final determination of injury by the
Board of the CNCE, Decree 766/94 (Article 18), in conformity with  Article 6.2 of the Agreement,
provides opportunities for convening hearings with th e participation of the interested parties.  The
procedure is regulated by Resolution CNCE/DR/002/96.
Prior to the holding of such hearings, the technical staff of the Commission organizes
meetings with the interested part ies in order to exchange views on the investigation, and provides
synoptic tables of the main indicators to be discussed during the hearing.
The purpose of the hearings is to question the parties (domestic producers, importers and
exporters) on issues that arise during the proceedings to enable the parties to question or rebut the
information, data and evidence submitted with resp ect to the matter under investigation.  The question
of whether hearings are to be public or not is decided by the CNCE when it convenes them.
The decision by the CNCE to convene a hearing must include:(a) Identification of the investigation under way;
(b) nature of the hearing;
(c) purpose;
(d) designation of authorities;(e) date, time and place;
(f) prerequisites for attending and participating.G/ADP/AHG/W/51
Page 15
Accredited parties in the case must be notified at least 15 days in advance and informed that
failure to appear will not adversely affect the defence of their interests.
The convocation is made at least 20 days in advance, and is published in the Official Journal
in accordance with the above-mentioned content requirements.
Interested parties must communicate their intention to participate in the hearing at least four
days in advance, and must establish legal personality (where appropriate).  Two days prior to the
hearing, the interested parties are informed of the time allotted for their statements.
The hearing is held in the presence of the Chai rman of the CNCE and at least two members of
the Board.
Upon conclusion of the hearing, the participants sign an official record containing:(a) A list of the parties (registered in advance and having established their identity and
legal personality);
(b) a record of each of the statements made;(c) the technical means employed for recording the official record, to be included as an
annex to the official record in a sealed envelope after a copy thereof has been made;
(d) the signature of the Chairman and of all those attending.The above list is not exhaustive, and depends on the specific characteristics of each hearing.
It is important to point out that whatever the nature of the hearing (i.e. whether it is public or
not), the provisions on confidential information included in the file must be strictly complied with.
The parties have a period of five working days following the conclusion of the hearing to
provide, in writing, the information supplied or ally during the hearing for such information to be
taken into account in the final determination, and to present their final comments.
Document G/ADP/AHG/W/42 (Japan)
Consistent with the Anti-Dumping Agreement, Japanese law has provisions for hearings for
the presentation of evidence orally and for meetings between interested parties with adverse interests.
This process provides interested parties - those having a direct and specific interest in the proceeding -
with a full opportunity to express their opinions and to defend their interests.  The hearings and the
meeting between parties with adverse interests are not open to the general public, but all interested
parties have a complete opportunity to defend their interests.
Interested parties may request to present any relevant evidence in a written or oral form.  A
request to present evidence orally at a hearing must  be made within the time prescribed in the public
notice of initiation and the notification to the government of the exporting Member.  As a general rule,
interested parties have two months from the date of initiation of an investigation to request a hearing
for the presentation of evidence orally.
At the time of the request, an interested party shall submit in writing the facts to identified by
such evidence and, if necessary, a request for confidential treatment of such evidence together with
the reasons warranting confidential treatment of such evidence.  Where a request to present evidenceG/ADP/AHG/W/51
Page 16
orally is made, interested parties shall be informed in writing of the date, time, and place and other
pertinent information for the presentation of such evidence.
In addition to hearings for the oral presentation of evidence, interested parties may request an
opportunity to meet interested parties with adverse in terests.  If the interested parties consent to a
meeting, they shall be given advance written notice of  the facts to be identified at the meeting and the
date, time and place and other pertinent information concerning the meeting.  In a recent case
investigated by Japan, a meeting between interested parties with adverse interests was held based on
the request of an interested party and the absence of any objection by the other interested parties.
Interested parties may review all the evidence presented at hearings or meetings between
interested parties with adverse interests, except confidential information.  [Cf. the Cabinet Order,
Articles 8.1 (7), 10, 12.]
Document G/ADP/AHG/W/46 (Brazil)
1. The Anti-Dumping Agreement
Article 6.2 of the Anti-Dumping Agreement establishes that throughout the anti-dumping
investigation all interested parties shall have a full opportunity for the defense of their interests.  To
this end, the authorities shall, on request, provide opportunities for all interested parties to meet thoseparties with adverse interests, so the opposing views may be presented and rebuttal arguments offered.
Provision of such opportunities must take account of the need to preserve confidentiality and of the
convenience to the parties.  There shall be no obligation on any party to attend a meeting, and failure
to do so shall not be prejudicial to that party's case.  Interested parties shall also have the right, on
justification, to present other information orally.
2. The Brazilian Practice
2.1 Time limit for hearing requests
In accordance with Art. 31 of Decree 1602/95, the time limit for hearing requests should be
included in the directive ordering the initiation of th e investigation.  The directive determines that the
interested parties may request hearings up to the date when the final hearing is summoned by the
investigating authorities.
2.2 The request for a hearing
The interested party requesting a hearing must present, together with the formal request, a list
of the specific issues to be addressed in the hearing.
2.3 Holding a hearing
At least thirty days in advance, the investigatin g authorities inform the interested parties about
the date and venue of the hearing, and the issues that will be addressed at that time.
2.3.1 Hearing Procedures
There is no obligation to attend a hearing and the absence of any party shall not be prejudicial
to its interests.G/ADP/AHG/W/51
Page 17
At least five days before the hearing, the interested parties must designate who will be their
legal representatives in the hearing.  Up to ten da ys before the hearing, the interested parties must
indicate, in writing, the arguments it will present at that time.
If it is properly justified, the interested parties may present additional information orally.
Such information shall be considered only if it is reproduced in writing - in Portuguese - and made
available to the other interested parties, within ten days following the hearing.
The holding of hearings shall not hinder the authorities to reach a preliminary or final
determination.
In the hearings, whenever appropriate, consideration shall be given to the rules of
confidentiality and the convenience of the parties.
2.4 Types of hearings
The Brazilian legislation offers no definition for the possible types of hearings that may be
requested by the parties.  It merely indicates a time limit for the request, namely the date when the
investigating authorities summon the final hearing.  There are no limitations on the number of times
that a party may request hearings, or on the number of hearings that may be held during an
investigation, as long as the legal time frame for the duration of the investigation is respected.
Document G/ADP/AHG/W/47 (Australia)
The Anti-Dumping Authority holds public hearings as part of its inquiries.  It has not been a
normal part of the Anti-Dumping Authority's procedures to hold meetings, and questions have beenraised as to the usefulness of the meetings that have been held.
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