WORLD TRADE
ORGANIZATIONG/ADP/N/1/PAK/2/Suppl.1
17 June 2002
(02-3361)
Committee on Anti-Dumping Practices
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 18.5 OF THE AGREEMENT
PAKISTAN
Supplement
The following communication, dated 6 June 2002, has been received from the Permanent
Mission of Pakistan.
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Pakistan hereby submits a copy of the “ Antidumping Duty Rules 2001 ” for notification under
Article 18.5 of the Agreement on Implem entation of Article VI of GATT 1994.
* * *
PART II
Statutory Notifications (S.R.O)
Government of Pakistan
MINISTRY OF COMMERCE
NOTIFICATION
Islamabad, the 31st March, 2001
S.R.O. 203 (I) / 2001.  – In exercise of the powers conferred by section 67 of the Anti-
Dumping Duties Ordinance, 2000 (LXV of 2000), the Federal Government is pleased to make the
following rules, namely : –
1.Short title and commencement.  – (1) These rules may be called the Anti-Dumping
Duties Rules, 2001;
(2) They shall come into force at once.
2.Definitions.  – (1) In these rules, unless there is anything repugnant in the subject or
context;
(a) “Application” means an application made under section 20 of the Ordinance;G/ADP/N/1/PAK/2/Suppl.1
Page 2
(b) “Ordinance” means the Anti-Dumping Duties Ordinance, 2000 (LXV of 2000); and
(c) “Schedule” means the schedule to these rules.
(705)
Price: Rs. 10.50
[3272 (2001) / Ex. Gaz.]
(2) All words and expressions used in these rules but not defined herein, shall have the
meaning assigned to them in the Ordinance.
3.Disclosure in application.  – An application shall, in addition to the information
specified in section 20 of the Ordinance, contain such information as is reasonably available to an
applicant on the following, namely: –
(a) name, address, telephone number, facsimile number and electronic mail address of
the applicant;
(b) the identity of domestic industry by or on behalf of which the application is being
made, including the names, addresses and telephone numbers, facsimile numbers and
electronic mail addresses of all other known producers or, association of producers
which is a trade organization as defined in the Trade Organisations Ordinance, 1961
(XLV of 1961), and has been granted or deemed to have been granted a licencethereunder, in domestic industry;
(c) information relating to the degree of domestic industry support for the application,
including –
(i) the total volume and value of domestic production of a domestic like product;
and
(ii) the volume and value of a domestic like product produced by the applicant
and by each domestic producer identified;
(d) a complete description of the allegedly dumped product, including the technical
characteristics and uses of such product and its current customs tariff classification
number as specified in the First Schedule to the Customs Act, 1969 (IV of 1969);
(e) the country in which the allegedly dumped product is manufactured or produced and,
if it is imported from a country other than the country of manufacture or production,the intermediate country from which the product is imported;
(f) the name and address of each person the applicant believes sells the allegedly dumped
product and the proportion of total exports to Pakistan that person accounted for
during the most recent twelve-month period;
(g) information on prices at which the product in question is sold when destined for
consumption in domestic market of the country of export or origin or, where
appropriate, information on the prices at which the product is sold from the country of
export or origin to a third country or on the constructed value of the allegedly dumped
product, and information on export prices or, where appropriate, on the prices atG/ADP/N/1/PAK/2/Suppl.1
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which the allegedly dumped product is first resold to an independent buyer in
Pakistan, and on any adjustments as provided for in section 11 of the Ordinance; and
(h) information on an evolution of volume of the allegedly dumped imports, the effect of
such imports on prices of a domestic like product in domestic market and the
consequent impact of the imports on domestic industry as demonstrated by relevantfactors and indices having a bearing on the state of domestic industry, including those
listed in sections 15, 16, 17 and 18 of the Ordinance, and information on the existence
of a casual link within the meaning of section 19 of the Ordinance.
4.Commission to avoid publicising application.  – The Commission shall not, unless a
decision has been made to initiate an investigation, publicise an application.
5.Initiation of investigation.  – The Commission shall normally decide whether or not to
initiate an investigation within a period of forty-fi ve days of the date of receipt of an application
complaint with the requirements of section 20 of the Ordinance :
Provided that when such application involves complex issues, or if the Commission has
sought additional information from the applicant, the time-period may, if the Commission so deemsfit, be extended to sixty days.
6.Disclosure in notice of initiation of an investigation.  – The notice of initiation of
investigation referred to in section 27 of the Ordinance shall contain adequate information on the
following, namely: –
(a) the name of the country or countries of export, and if different, the country or
countries of origin of an investigated product;
(b) a complete description of an investigated product, including the technical
characteristics and uses of such product and its current tariff classification number ascontained in the First Schedule to the Customs Act, 1969 (IV of 1969);
(c) a description of the alleged dumping to be investigated, including the basis for such
allegations;
(d) a summary of the factors on which the allegations of injury are based;
(e) the address where information and comments may be submitted and the time-period
allowed to interested parties for making their views known;
(f) the date of initiation of an investigation; and
(g) the proposed schedule for an investigation.
7.Public file to be maintained for interested party and access thereto.  – (1) The
Commission shall establish and maintain a public file relating to each investigation or review pursuant
to the Ordinance and, subject to the requirement to protect confidential information under section 31
of the Ordinance, the Commission shall place in such file –
(a) all public notices relating to an investigation or review;
(b) all materials, including questionnaires, responses to questionnaires, and written
communications submitted to the Commission;G/ADP/N/1/PAK/2/Suppl.1
Page 4
(c) all other information developed or obtained by the Commission; and
(d) any other documents the Commission deems appropriate for disclosure to an
interested party.
(2) The public file to be maintained under sub-rule (1) shall be available to any
interested party for review and copying at the offices of the Commission, during such time as theCommission may notify, throughout the course of an  investigation or review and any appeal under
section 64 of the Ordinance.
8.Acquisition of information.  – The Commission shall solicit, gather, obtain, accept and
reject information for the purposes of an investigation under section 35 of the Ordinance in
accordance with the following, namely: –
(a) upon initiation of an investigation, the Commission shall send questionnaires to any
person they believe may have information relevant to an investigation, including
known domestic producers, importers, exporters and foreign producers, and such
questionnaires may require such information as the Commission deems necessary;
(b) the Commission shall give exporters and foreign producers receiving a questionnaire
at least thirty days for reply and the time-limit shall be counted from the date of
receipt of the questionnaire which, for this purpose, shall be deemed to have been
received one week from the date on which it was sent to the respondent or transmitted
to the appropriate diplomatic or official representative of an exporting country;
provided that the Commission shall give due consideration to any request for anextension of such thirty day period, and shall grant an extension whenever
practicable, upon good cause shown, taking into account the time-limits for an
investigation;
(c) the Commission may disregard any reply to a questionnaire which is not submitted
within the time provided and in the form requested;
(d) the Commission may, during the course of an investigation, request further
information from interested parties, in the form of supplementary questionnaires, or
written requests for clarification or additional information and such requests shall
state the date by which reply is due and sufficient time shall be granted by the
Commission in order to allow meaningful replies;
(e) any interested party may, on its own init iative, submit to the Commission, in writing,
any information it considers relevant to an investigation and the Commission shallconsider such information unless such consideration would be unduly burdensome to
the Commission or disrupt the timely progress of an investigation:
Provided that any voluntary submission of factual information relevant to the
determination of dumping or injury shall be submitted to the Commission in writing
prior to the date of preliminary determination; and
(f) the Commission shall allow industrial users of an investigated product in Pakistan,
and representative consumer organizations in cases where an investigated product is
commonly sold at the retail level in Pakistan, to provide information concerning
matters relevant to an investigation regarding dumping and injury and suchinformation shall be provided to the Commission in writing.G/ADP/N/1/PAK/2/Suppl.1
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9.Preliminary written arguments.  – Not later than fifteen days before the scheduled date
of preliminary determination, interested parties may submit written arguments to the Commission
concerning any matter relevant to an investigation.
10.Disclosure in notice of preliminary determination.  – The notice of preliminary
determination referred to in sub-section (2) of section 37 of the Ordinance notice shall also contain the
following information, namely: –
(a) the names of the known exporters and producers of an investigated product;
(b) description of an investigated product which is sufficient for customs purposes,
including the current customs tariff classification number as contained in the First
Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin, if any, found to exist and the basis for such
determination including a description of the methodology used in determining normal
value, export price, and any adjustments made in comparing the two;
(d) if the method of comparison as provided for in sub-section (2) of section 12 of the
Ordinance was used, the explanation required under clause (b) of sub-section (2) ofsection 12 of the Ordinance;
(e) if the Commission declined to determine an  individual dumping margin on the basis
of voluntary responses as provided for in sub-section (4) of section 14 of the
Ordinance, the basis for that decision;
(f) the factors that have led to the determination of injury including information on
factors other than dumped imports that have been taken into account; and
(g) the amount of any provisional measures to be applied and the reasons why such
provisional measures are necessary to prevent injury caused during an investigation.
11.Disclosure after preliminary determination.  – The Commission shall, on request made
within fifteen days of publication of the notice of preliminary determination pursuant to sub-section (2) of section 37 of the Ordinance, hold separate disclosure meetings with exporters or
producers requesting such a meeting, to explain the dumping calculation methodology preliminary
applied for that exporter or producer.  The Commission shall provide an opportunity to the exporters
or producers or their legal representatives to examine and receive copies of the dumping calculations
done by the Commission for their exports to Pakistan.
12.Verification of information.  – (1) Save as provided for in section 32 of the Ordinance,
the Commission shall, during the course of an investigation, satisfy itself as to the accuracy of
information supplied by interested parties upon which its findings are based.
(2) In order to verify information provided or  to obtain further details, the Commission
may carry out investigations in other countries as may be required, provided that it shall obtain theagreement of the firms concerned and that they notify the representatives of the government of the
country in question unless the latter objects to an investigation.
(3) The procedures set out in the First Sche dule shall apply to any verification carried
out in the territory of other countries.  The Commission shall prepare a report on any verificationconducted pursuant to this such rule and such repo rt shall be available to the company to which it
pertains in full, and a non-confidential version shall be placed in the public file kept under rule 7.  TheG/ADP/N/1/PAK/2/Suppl.1
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Commission shall endeavour to complete any such verification prior to the date of any hearing in an
investigation.
13.Written arguments.  – (1) In an investigation in which no hearing is requested, any
interested party may submit written arguments to the Commission concerning any matter it considersrelevant to an investigation not later than forty-five days before the date proposed for final
determination.
(2) In an investigation in which a hearing is held, not later than ten days before the
specified date of a hearing, any interested party may submit written arguments to the Commission
concerning any matter it considers relevant to an investigation.  Following such a hearing, interested
parties who participated in the hearing may, within  ten days, submit further written arguments to the
Commission in response to arguments and information presented at the hearing.
14.Procedure for a hearing.  – (1) The Commission shall, upon request by an interested
party made not later than thirty days after publication of a notice of preliminary determination, hold a
hearing at which all interested parties may present information and arguments:
Provided that such a hearing shall be held not later than sixty days prior to the date
proposed for final determination.
(2) There shall be no obligation on any interested party to attend a hearing, and failure
to do so shall not be prejudicial to that interested party’s case.
(3) A hearing shall, to the maximum extent possible, be organized by the Commission
so as to take into account the convenience of the interested parties.
(4) Interested parties intending to appear at a hearing shall notify the Commission of the
names of representatives and witnesses who shall appear at a hearing at least seven days before the
date of the hearing.
(5) A hearing shall be organized in such manner so as to ensure that all parties
participating have an adequate opportunity to present their views.
(6) The Secretary to the Commission shall maintain a record of the hearing, which,
subject to the requirement to protect confidential in formation under section 31 of the Ordinance, shall
be promptly placed in the public file to be maintained under rule 7.
(7) Interested parties shall also have the right, on justification, to present other
information orally to the Commission during meetings with officials of the Commission.
Provided that such information shall be only taken into consideration by the
Commission if such information is confirmed in writing to the Commission and made available to
other interested parties.  Such information shall be deemed to have been made available to third
parties upon it being placed by the Commission in the public file to the maintained under rule 7.
(8) After a hearing has been held and the Commission has completed verification of
information collected in the course of an investigati on and, in any event, at least thirty days before the
proposed date for final determination, the Commission shall inform all interested parties, in writing,subject to the requirement to protect confidential information under section 31 of the Ordinance, of
the essential facts under consideration which shall form the basis of a decision whether to apply
definitive measures under the Ordinance:G/ADP/N/1/PAK/2/Suppl.1
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Provided that such information shall not indicate whether a final determination is
affirmative or negative.
(9) Interested parties may submit comments, if any, on the information disclosed to
them by the Commission pursuant to sub-rule (8), in writing, not later than fifteen days of suchdisclosure by the Commission.
15.Disclosure in the notice of final determination.  – The notice of final determination
provided for in sub-section (3) of section 39 of the Ordinance shall, in addition to the information
required under the Ordinance, contain the following information, namely: –
(a) the names of the known exporters and producers of an investigated product;
(b) description of an investigated product which is sufficient for customs purposes,
including the current tariff classification number as contained in the First Schedule to
the Customs Act, 1969 (IV of 1969);
(c) if a dumping margin has been calculated, a description of the methodology used in
determining normal value export price, and any adjustments made in comparing the
two;
(d) if the method of comparison provided for in sub-section (2) of section 12 of the
Ordinance was used, the explanation required under clause (h) of sub-section (2) of
section 12 of the Ordinance;
(e) if the Commission declined to determine an  individual dumping margin on the basis
of voluntary responses, as provided for in sub-section (4) of section 14 of the
Ordinance, the basis for that decision;
(f) the factors that have led to the determinat ion of injury within the meaning of the
Ordinance including information on factors other than dumped imports that have been
taken into account;
(g) any other reasons leading to final determination; and
(h) the reasons for the acceptance or rejection of relevant arguments or claims made by
exporters and importers.
16.Disclosure after final determination.  – After final determination has been issued, the
Commission shall, on request made within fifteen days of the publication of the notice of final
determination, hold separate disclosure meetings  with exporters or producers requesting such a
meeting, to explain the dumping calculation methodology finally applied for that exporter orproducer.  The Commission shall provide an opportunity to the exporters or producers or their legal
representatives to examine and receive copies of the dumping calculations done by the Commission
for their exports to Pakistan.
17.Disclosure in application for refund of anti-dumping duties collected.  – (1) An
application under sub-section (2) of section 52 of the Ordinance for refund of anti-dumping duties
collected shall contain the following information, namely: –
(a) the amount of refund of anti-dumping duties claimed for the period;
(b) all customs documentation relating to calculation and payment of such amount; andG/ADP/N/1/PAK/2/Suppl.1
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(c) sufficient information to enable the Commission to calculate normal value and export
price for the period for which the refund is requested.
(2) Where an importer is not associated with a producer or an exporter and such
information is not immediately available, or where the producer or the exporter is unwilling to release
it to an importer, the application under sub-section (2) of section 52 of the Ordinance shall contain astatement from the producer or exporter that the dum ping margin has been reduced or eliminated and
that the relevant supporting evidence shall be directly provided to the Commission:
Provided that where such evidence is not forthcoming in a complete form from the
exporter or producer within a reasonable period of time, as determined by the Commission, the
application shall be rejected by the Commission.
18.Disclosure in notice of acceptance of price undertaking.  – The notice of acceptance by
the Commission of a price undertaking referred to in sub-section (6) of section 47 of the Ordinance
shall also contain the following information, namely: –
(a) the names of the suppliers of an investigated product or where this is impractical the
supplying countries involved;
(b) description of an investigated product which is sufficient for customs purposes,
including the current customs tariff classification number as contained in the First
Schedule to the Customs Act, 1969 (IV of 1969);
(c) the amount of dumping margin found to exist and the basis for such determination
including a description of the methodology used in determining normal value, export
price, and any adjustments made in comparing the two;
(d) the factors that have led to the determination of injury, including information on
factors other than dumped imports that have been taken into account; and
(e) the main reasons leading to the acceptance by the Commission of price undertaking.
19.Official file to be maintained by the Commission.  – (1) The Commission shall
establish and maintain an official file relating to each investigation or review pursuant to the
Ordinance and shall place in such file –
(a) all materials, papers and documents, confidential or otherwise, including
questionnaires, responses to questionnaires, and written communications submitted to
or by the Commission in connection with any investigation or review;
(b) all documents relating to or setting out any calculations made by the Commission in
connection with any investigation or review;
(c) all internal correspondence or memoranda of the Commission relating to or in
connection with any investigation or review that are relevant to the calculation of
dumping margin or determination of injury, including any correspondence with orbetween any other Ministry, Division, depart ment, agency or instrumentality of the
Federal Government or any Provisional Government;
(d) any other information developed, obtained or relied on by the Commission in
connection with any investigation or review; andG/ADP/N/1/PAK/2/Suppl.1
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(e) any other document or information that the Commission deems appropriate for
placing in the official file.
(2) The official file to be maintained under sub-rule (1) shall only be for the internal use
of the Commission and for the Appellate Tribunal in connection with an appeal under section 64 of
the Ordinance.
20.Fee payable under the Ordinance.  – The fee payable to the Commission at the time of
submission of an application shall be in the amount set out in the Second Schedule.
THE SECOND SCHEDULE
[See rule 12 (3)]
PROCEDURES FOR ON-THE-SPOT INVESTIGATIONS
1. Upon initiation of an investigation, the government of the exporting country and the
firms known to be concerned should be informed of the intention to carry out on-the-spot
investigations by the Commission.
2. If in exceptional circumstances it is intended to include non-governmental experts in the
investigating team, the firms and the authorities of the exporting country should be so informed.  Suchnon-governmental experts should be subject to effective sanctions for breach of confidentiality
requirements under the Ordinance.
3. The Commission shall normally obtain explicit agreement of the firms concerned in the
exporting country before a visit is finally scheduled.
4. As soon as the agreement of the firms concerned has been obtained, the Commission
shall notify the concerned authorities of the exporting country of the names and addresses of the firms
to be visited and the dates agreed.
5. Sufficient advance notice should be given by the Commission to the firms in question
before a visit is made.
6. Visits to explain the questionnaire should only be made at the request of an exporting
firm.  Such a visit may only be ma de if:  (HH) the Commission noti fies the concerned representatives
of the exporting country; and (HH) the latter does not object to the visit.
7. As the main purpose of an on-the-spot investigation is to verify information provided or
to obtain further details, it should be carried out after the response to a questionnaire has been
received, unless the firm agrees to the contrary and the government of the exporting country is
informed by the Commission of an anticipated visit and does not object to it.  The Commission shall
normally advise the firms concerned of the general nature of the information to be verified and of anyfurther information which needs to be provided; that such requirement shall not preclude the
Commission from requesting further details on-the-spot  to be provided in the light of information
obtained.
8. Enquiries or questions put by the authorities or firms of the exporting country and
essential to a successful on-the-spot investigati on, shall, whenever possible, be answered by the
Commission before a visit is made.G/ADP/N/1/PAK/2/Suppl.1
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THE SECOND SCHEDULE
[See rule 20]
TABLE OF FEES TO BE PAID TO THE COMMISSION
1. For an application under section 20 of the Ordinance … 75,000
[No. F. 1 (15) / 97-WTO.]
TARIQ AHAD NAWAZ
Deputy Secretary (WTO)
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