./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/ECU/7
G/SCM/Q1/ECU/7
27 November 1998
(98-4647)
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
Questions Posed by Mexico Regarding the
Notification of Ecuador1
The following communication, dated 6 November 1998, has been received from the
Permanent Mission of Mexico.
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Mexico wishes to address the following questions to the Government of Ecuador concerning
the notification of its legislation, "Rules and procedur es to be followed for the application to prevent
and counteract the adverse effect of unfair trade practices or increased imports under conditions such
as to cause serious injury to domestic industry",  as notified in document G/ADP/N/1/ECU/1/Suppl.1
(hereinafter, "notified rules and procedures").
1. The words "… as in the case of centrally-planned economies …" used in the second
paragraph on page six (foreign trade and investment law section) seem to be illustrative rather than
exhaustive.  Could Ecuador clarify whether there are other cases besides that of centrally-planned
economies in which a substitute country will be used as a reference for determining the normal value?
2. Article 6 of the notified rules and procedures refers to adjustments of the normal value, but it
does not specify the situations in which adjustments are to be made for the reasons mentioned
(administrative, selling and general costs and for profits).  Could Ecuador explain in which situations
such adjustments are made?
3. Article 8 of the notified rules and procedures states that the investigating authority may
consider other reasonable adjustments to the export price, such as the terms and conditions of sale,differences in quantities, physical differences and differences in taxation.  Could Ecuador explain why
such adjustments will be applied only to the export price?
4. Article 9 of the notified rules and procedures states that the amount of the adjustments to the
normal value and the export price shall be calculated on the basis of relevant information for the
period of investigation or in the light of the data for the latest financial year available.  Willadjustments calculated on the basis of the data for the latest financial year available be applied as
such, or is some adjustment made for inflation?
5. Article 36 of the notified rules and procedures states that in the case of on-the-spot
investigations, the enterprises of the exporting country concerned shall be given sufficient notice of
                                                     
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the visit.  How many days (working or otherwise) does the authority consider to be a sufficient period
for notifying an investigation visit with sufficient notice?
6. Article 25, fourth paragraph, of the notified rules and procedures refers to publication and
notification.  What are the differences between these acts, and what are the legal consequences of
each of them?
7. Article 25, fourth paragraph, of the notified rules and procedures refers to the resolutions
concerning initiation, provisional and final, as well as to their subsequent publication, notification and
communication within ten working days.  At what moment does a resolution come into effect for the
parties concerned?  When it is issued, when it is published, when it is notified, or when it is
communicated?
8. In the case of resolutions accepting an application and initiating an investigation, how much
advance notice does the Ecuadorian Government consider that the exporting Member concernedshould be given in accordance with Article 5.5 of the Anti-Dumping Agreement?
9. In accordance with Article 6.8 of the Anti -Dumping Agreement, the "best information
available" is to be used only "in cases in which any interested party refuses access to or otherwise
does not provide, necessary information within a reasonable period or significantly impedes the
investigation".  Please explain how the Ecuadorian authorities employ "the best informationavailable", specifically with respect to Article 37 of the notified rules and procedures.
10. In Article 42 of the notified rules and procedures there seems to be a contradiction between
the time-period mentioned in the first paragraph and the period mentioned in the third paragraph.  If
the two provisions apply to the same case, which period applies?  Otherwise, please explain what each
of the two paragraphs refers to.
11. Article 43, first paragraph, of the notified rules and procedures establishes that up to
ten working days before the expiration of the period  for the investigating authority to terminate the
investigation, the interested parties may submit written arguments that support their case.  How or by
what mechanism will the interested parties know the exact date to which this paragraph refers?  How
will the Ecuadorian authorities proceed to notify it or issue a public notice.
12. Article 48, first paragraph, of the notified rules and procedures establishes that an
anti-dumping or countervailing duty will not be eliminated if the reasons for imposing it still exist.  In
what way or by what procedure will the Ecuadorian authorities ascertain that such reasons still exist?
If an anti-dumping or countervailing duty is repealed, how will this be made known to the public?  If
a public notice is issued, what is its content?
13. With regard to Article 49, first paragraph, of the notified rules and procedures, at what date or
during what period can interested parties request a review of definitive duties?
14. What are the procedures provided for the refunds mentioned in Article 51, third paragraph, of
the notified rules and procedures?
15. How will the investigating authority resolve a contradiction arising between the provisions of
the WTO Anti-Dumping Agreement and the notified rules and procedures?
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