G/ADP/Q1/MUS/4  
G/SCM/Q1/MUS/4  
 
21 October 2019 
(19-6863) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5  AND 32.6 OF THE AGREEMENTS  
QUESTION S POSED BY THE UNITED  STATES  
REGARDING THE NOTIFICATION OF MAUR ITIUS1 
The following communication dated 17 October 2019, is being circulated at the request of the 
delegation of the United States.  
 
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The United States thanks Mauritius for its notification of Trade (Anti -Dumping and Countervailing 
Measures) Act 2010 (the Act) establishing trade remedy pro cedures and poses the following 
questions:  
Question 1  
Section 20, paragraph (1) provides a list of relevant economic factors to be evaluated. Please explain 
if this list of factors is exhaustive or if any of these factors give decisive guidance.  
Question 2  
Section 22 indicates that, in making a determination of threat of material injury with respect to 
subsidized imports, the Investigating Authority shall consider, "in addition to sections 18 and 20," 
certain factors. Section 21 sets forth similar factors r egarding a threat determination with respect 
to dumped imports, but does not include the requirement to also consider sections 18 and 20. Please 
explain why consideration of sections 18 and 20 is included in the factors for a threat analysis with 
respect t o subsidized imports. In addition, please discuss whether the threat determinations under 
either section 21 or 22 "shall be based on facts and not merely on allegation, conjecture or remote 
possibility," as provided for in Article 3.7 of the Agreement on I mplementation of Article VI of the 
General Agreement on Tariffs and Trade 1994.  
Question 3  
With regard to Section 32, paragraph (1)(a) of the Act, please clarify the process by which interested 
parties shall make themselves known to the Investigating Autho rity following initiation of an 
investigation or at any time during the investigation. For example, will the Investigating Authority 
require interested parties to register to retain their interested party rights in the proceeding? Please 
explain whether pr ocedures and applicable deadlines for registering as an interested party will be 
provided in the notice of initiation or how interested parties may otherwise find this information.  
Question 4  
Section 38, paragraph (1) states that "the Investigating Authori ty shall establish and maintain a 
register relating to each investigation or review made under this Act." Please clarify whether the 
                                                
1 G/ADP/ N/1/MUS/3  - G/SCM/ N/1/MUS/3  (dated 25 March 2019).  For the sake of efficiency, the United 
States suggests that committee review for this question be conducted in the Committee on Anti -Dumping 
Practices.  G/ADP/Q1/MUS/4 • G/SCM/Q1/MUS/4  
 
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  register or an index to the register will be accessible electronically or if it is only available for in -
person inspection at the offices of the investigating authority.  
Question 5  
Please explain who has access to confidential information maintained in the register and whether 
that information may be used for purposes other than the investigation in which it was submitted.  
Question 6  
Section 32(3) indicates that initiation notices will be published "in the Gazette," but the Act does not 
indicate where other notices ( e.g., preliminary and final determinations) will be published. Please 
explain where any relevant notices related to anti -dumping, and subsidy/countervailing 
investigations will be published.  
Question 7  
Section 74, paragraph (1) notes that "{a}n aggrieved party may appeal to the Supreme Court 
against a final decision of the investigating Authority by way of ju dicial review." Please explain 
whether any other decisions or actions by the administering authority are subject to appeal, such as 
preliminary determinations, decisions in reviews, etc. Also, please elaborate on the specific steps of 
an appeal process ( i.e., process, timeline).  
 
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