WORLD TRADE
ORGANIZATIONG/ADP/Q1/ARM/2
G/SCM/Q1/ARM/2
6 October 2003
(03-5243)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 AND ARTICLE 32.6 OF THE AGREEMENTS
Questions posed by the UNITED STATES
Regarding the Notification of ARMENIA1
The following communication, 2 October 2003, has been received from the Permanent
Mission of the United States.
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1. Article 1 of the Law on Anti-Dumping and Countervailing Measures ("the Law") provides
that it is not applicable to agriculture.  What is  the basis for this limitation?  Are there other trade
remedy measures which are applicable to agricultural products?
2. Which Body has the Government of Armenia is designated as the Authorized Body under
Article 3 of the Law?
3. Article 3 of the Law defines the term "domestic industry" to mean "the domestic producers of
the Republic of Armenia as a whole of the like products or those of them whose collective output ofthat product constitutes more than a part of the total domestic production of that product. . . ".
Article 4.1 of the Anti-Dumping ("AD") Agreemen t and Article 16.1 od the Agreement on Subsidies
and Countervailing Measures ("SCM Agreement") define "domestic industry" as "the domestic
producers as a whole of the like products or to t hose of them whose collective output of the product
constitutes a major proportion  of the total domestic production of those products. . . ".  Please explain
how this provision of the Law is consistent with the AD Agreement.
4. Does Armenian law permit regional industry analysis pursuant to Article 4.1(ii) of the AD
Agreement and Article 16.2 of the SCM Agreement?
5. What methodology will Armenia use to choose between use of sales to a third country or
constructed value under Article 8, paragraph 1 of the Law?
6. Article 13 of the Law states that the Authorized Body shall, as a rule, determine a margin of
dumping for each known exporter or producer of the investigated product.  It further provides thatwhere the margins of dumping vary, a weighted average of the margin of dumping may be
established.  Please clarify the conditions under which a weighted average of the margin of dumping
would be determined.  Would this provision permit an investigated exporter/producer to be assigned a
rate based on the weighted average of its transactions and those of other exporters/producers?
                                                     
1 G/ADP/N/1/ARM/1-G/SCM/N /1/ARM/1(30 July 2003).G/ADP/Q1/ARM/2
G/SCM/Q1/ARM/2
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7. Article 30 of the Law states that the Authorized Body may engage in a cumulative analysis, in
certain circumstances, "[w]here imports from more than one country are the subject of simultaneous
anti-dumping and/or countervailing duty investigations".  Does this mean that when there are
simultaneous antidumping and countervailing duty investigations, and the other conditions set forth inArticle 30 of the Law are satisfied, the Authorized Body will cumulate dumped and subsidized
imports together in both the antidumping and the countervailing duty investigations?
8. Article 32(1) of the Law tracks the first two sentences of Article 3.7 of the AD Agreement
and Article 15.7 of the ASM Agreement, except that it does not contain the clause that a threat
determination cannot be based merely on "allegation, conjecture or remote possibility".  How will
Armenia ensure that Article 32(1) of the Law is applied consistently with Article 3.7 of the ADAgreement and Article 15.7 of the ASM Agreement?
9. Please clarify the respective roles performed by the Authorized Body and any other person or
entity in the Government of the Republic of Armenia in the initiation of an investigation as described
in Article 35, paragraphs 1 and 2 of the Law.
10. Article 37, paragraph 1, of the Law allows the Authorized Body to provide public notice of
the initiation of an investigation in a newspaper.  What additional steps will the Authorized Body take
to inform the relevant Members and interested parties of the decision to initiate?
11. Regarding the proposed schedule for the investigation (Article 37, paragraph 2(g) of the
Law), please explain what is meant by the proposed period of "termination of investigation"
mentioned in subparagraph 2(g)(ii).  What is meant by "the proposed period for final conclusions and
decisions" mentioned in subparagraph 2(g)(v)?
12. Please clarify the apparent contradiction between the first and second sentences of
Article 40(1).  Is the investigation period for dumpi ng and subsidization "normally . . .one year" or is
it "no longer than six months?"
13. Article 41, paragraph 10 of the Law provides that the Authorized Body may request “original
versions and copies” of documents in order to verify information.  Please clarify whether the
Authorized Body will accept copies in lieu of the or iginal documents if an interested party is unable to
provide the original version.
14. Please explain whether Armenia intends that th e Authorized Body will routinely perform on-
site verifications of foreign respondents.  If not, please describe the circumstances in which Armenia
will determine it is necessary to conduct verification visits as described in the Law, Article 41,paragraph 11.
15. What is the nature of the review the Government of Armenia conducts under Articles 51 and
58 of the Act of proposals by the Authorized Body for imposition of provisional and final measures?
Can the Government modify the proposal of the Authorized Body?  Can it change a proposednegative determination on dumping or injury by the Authorized Body to an affirmative determination?
16. Please clarify under what circumstances, if an y, the Authorized Body would not apply the
residual, weighted-average-based duty to unknown exporters and producers, as described in
Article 59, paragraph 4 of the Law.
17. Will the Government of Armenia pay interest on a security payment refunded after a negative
final determination under Article 60, paragraph 4 of the Law?G/ADP/Q1/ARM/2
G/SCM/Q1/ARM/2
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18. Regarding Article 72, paragraph 3 of the Law, please clarify the means by which "the damage
to interests of respective party shall be compensated at the expense of state budget as provided for
legislation".  How will compensation for damages resulting from public disclosure of confidential
information be computed, and who will have the auth ority to make this determination?  Will specific
legislation be required to allocate the funds in each instance of unauthorized public disclosure?  Will
the amount of such compensation be subject to judicial review?
19. If the Authorized Body concludes that a request for confidentiality under Article 72 is not
warranted, will the submitter be informed of the reasons for that conclusion, and given an opportunity
to provide further explanation as to why it believes confidential treatment should be granted?
20. Does Armenia permit disclosure of confidential information to representatives of interested
parties under protective order pursuant to Article 6.5 of the AD Agreement and 12.4 of the SCM
Agreement?
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