WORLD TRADE
ORGANIZATIONG/ADP/Q1/DOM/1
G/SCM/Q1/DOM/1
13 March 2003
(03-1418)
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 EUROPEAN COMMUNITIES
Regarding the Notification of the DOMINICAN REPUBLIC1
The following communication, dated 10 March 2003, has been received from the Permanent
Delegation of the European Communities.
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1. The last paragraph of Article 6 of the law on unfair trade practices and safeguard measures
("the law") provides that procedural or particular situations that are not clearly and specificallycovered by the WTO Agreement shall be regulated on a supplementary basis by administrative or
other legislation.  Has such legislation been adopted by the Dominican Republic?
2. Article 10 of the law sets out the rules for the determination of normal value.
• Could the Dominican Republic explain how the reference in (a) to the "highest,
representative and comparable price of the like product when exported to a third
country" is to be understood?
• Littera (b) explicitly refers to the Anti-Dumping Agreement ("ADA") for details
regarding the calculation of profit, but not for the calculation of SG&A.  Could the
Dominican Republic confirm that with regard to SG&A Article 2.2.2 ADA will be
respected?
• Article 10, first paragraph is not entirely clear, at least in the English version.  Could
the Dominican Republic please clarify the meaning of this provision and itscompliance with Article 2.2 and footnote 2 ADA?
3. Article 12 of the law incorporates Article 2.4 ADA with the exception of the last sentence
thereof.  Could the Dominican Republic confirm that this latter provision will also be respected?
4. Does the Dominican Republic have rules on the methods of comparison as laid down in
Article 2.4.2 ADA?
5. Could the Dominican Republic confirm that Article 13 of the law sets out the rules of
Article 2.2.1 and footnote 5 ADA and that differences in wording are unintended and only due to
translation?
                                                     
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6. Could the Dominican Republic confirm that the definition of material injury laid down in
Article 18 of the law is to be understood in the light of the ADA and the interpretations given in the
context of the DSU?
7. Article 21 (b) of the law does not seem to require that price undercutting is significant nor that
the effect of imports is to depress prices to a significant degree or prevent price increases which
otherwise would have occurred, to a significan t degree.  Could the Dominican Republic please
confirm that in spite of these differences in wording Article 3.2 ADA will be fully respected?
8. Could the Dominican Republic confirm that, to determine the impact of dumped imports on
the domestic industry, it shall examine all factors listed in Article 3.4 ADA, including e.g. wages,
growth and investments which are not mentioned in Article 22 of the law?
9. Article 23 of the law defines the factors to be considered when determining the existence of a
threat of material injury.  Could the Dominican Republic confirm that the rate of increase of dumpedimports has to be significant (b); that it should be established that the imports will
 have a significant
depressing or suppressing effect on prices (d); that the totality of the factors must lead to theconclusion that further dumped imports are imminent and that, unless protective action is taken,
material injury would occur, in accordance with Article 3.7 ADA?
10. Article 27 of the law provides the possibility to divide the territory of the Dominican Republic
into two or more competitive markets for the purpose of defining the domestic industry.
• Could the Dominican Republic confirm that  this possibility would only apply in
exceptional circumstances, in accordance with Article 4.1 (ii) ADA?
• Does the Dominican Republic consider that Article 27 (d) of the law, requiring injury
to more than 50  per cent of the production in an isolated market, complies with the
terms "injury to all or almost all of the production within such market" of Article 4.1
(ii) ADA?
• How is compliance with Article 4.2 ADA ensured?
11. Could the Dominican Republic confirm that Article 36 of the law has to be understood in
such way that the information of the government of the exporting member concerned will take place
after receipt of a properly documented application, but before initiation of an investigation, in
accordance with Article 5.5 ADA?
12. Could the Dominican Republic confirm that it  respects the provisions of Article 12.1, 12.2.1,
12.2.2 and 12.2.3 ADA and the second and third sentence of Article 12.2 ADA regarding publicnotices?  Would a public notice concerning the initiation of the investigation also contain information
on the basis on which dumping is alleged in the application, in accordance with Article 12.1.1 (iii)
ADA, although this is not mentioned in Article 37 of the law?
13. The provisions of Article 6 ADA are only very summarily reflected in the law.  Does the
Dominican Republic have more detailed rules on evidence, or is Article 6 ADA directly applied?
14. Article 45 of the law sets out rules on provisional measures but does not seem to contain all
the conditions of Article 7.1 ADA (prior public notice of the initiation and adequate opportunities for
interested parties to submit information and make comments - Article 7.1 (i) ADA; preliminaryG/ADP/Q1/DOM/1
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affirmative determination of dumpi ng and consequent injury - Article 7.1 (ii) ADA).  Could the
Dominican Republic confirm that these provisions will be fully respected?
15. Could the Dominican Republic confirm that Article 52, second paragraph of the law should
be understood in the light of Article 10.6 (i) ADA (history of dumping which caused injury; importers
were aware or should have been aware that the exporter practised dumping, and that such dumping
would cause injury)?
16. Article 54 of the law makes a reference to the possibility of reviews.  Does the Dominican
Republic have more detailed rules on reviews, in particular with regard to the rules of Article 11.1,
11.2, 11.4 and 9.5 ADA or are these provisions directly applied?
17. Article 55 of the law provides that the Comm ission "may authorise" a refund.  Should this
provision, in accordance with Article 9.3.2 ADA, be understood as "shall authorise" where the
conditions are fulfilled?
18. Does the Dominican Republic have specific rules on sampling, in particular with regard to the
rules of Article 6.10, 6.10.1, 6.10.2 and 9.4 ADA or are these provisions  directly applied?
 
 19. Article 56 of the law allows the Commission to use the revenue generated by an AD measure
to finance specific programmes for the development and modernisation of the sector in question.  Canthe Dominican Republic please explain how this provision complies with the ADA?
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