. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/PRY/6
G/SCM/Q1/PRY/6
26 May 2000
(00-2138)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to Follow-Up Questions Posed by CANADA1
Regarding the Notification of PARAGUAY2
The following communication, dated 17 May 2000, has been received from the Permanent
Mission of Paraguay.
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Question 1
Canada notes that Paraguay states, in G/ADP/N/1/PRY/1, that the Anti-Dumping
Agreement was incorporated into Paraguay law by virtue of Law No. 444/94.  Canada also notesthat G/ADP/N/1/PRY/2, wh ich provides official notification of Decree No. 15.286, indicates that
Law No. 444/94 continues in effect.  Could Paraguay explain how these two pieces of
Paraguayan law relate to each other?  Should a conflict arise between the interpretation of Law
No. 444/94 (i.e. the "incorporated" Anti-Dumping Agreement) and Decree No. 15.286 as set out
in G/ADP/N/1/PRY/2, which legal instrument would take precedence under Paraguayan law?
Reply
As a Member of the World Trade Organization (WTO), Paraguay incorporated the Results of
the Uruguay Round of Multilateral Trade Negotiations into its legislation by means of Law
No. 444/94, of 10 November 1994.  The procedures for correcting unfair practices in international
trade form part of these and are set forth in the Anti-Dumping Agreement and the Agreement onSubsidies and Countervailing Measures.
Decree No. 15.286 of 28 November 1996 designates  the Ministry of Industry and Trade and
the Ministry of Finance as the agencies responsible for the application of Law No. 444/94 with regard
to the "Agreement on Implementation of Article VI of GATT 1994" and the "Agreement on Subsidies
and Countervailing Measures", and establishes the relevant administrative procedures.
According to the National Constitution of Paraguay, enacted laws have priority over decrees.
Law No. 444/94 thus constitutes the legal basis for the implementation of measures against unfair
trading practices, and its provisions must be followed for those specific matters not referred to inDecree No. 15.286/96.
                                                     
1 G/ADP/Q1/PRY/5-G/SCM/Q1/PRY/5
2 G/ADP/N/1/PRY/2-G/SCM/N/1/PRY/2G/ADP/Q1/PRY/6
G/SCM/Q1/PRY/6
Page 2
Question 2
Decree No. 15.286 as set out in G/ADP/N/1/PRY/2 indicates, in Article 3.8, that the
Commission shall adopt internal regulations within  three months of the entry into force of the
Decree (i.e. 28 October 1996).  What is the purpose of such regulations and will they also be
notified to the Committee on Anti-Dumping Practices?
Reply
The Trade Defence Commission is the agency responsible for issuing recommendations
concerning the administrative procedures applied and the appropriate steps to be taken.  The internalregulations referred to in Article 3.8 are, as their name suggests, internal provisions designed to
ensure that the Commission fulfils properly the functions assigned to it, and do not in any way alter
the procedures established in Decree No. 15.286/96.  Consequently, they will not be notified to the
Committee on Anti-Dumping Practices.
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