G/ADP/Q1/JPN/19  
G/SCM/Q1/JPN/19  
 
12 February 2020 
(20-1110) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER  ARTICLE 18.5 OF THE AGREEMENT  
RESPONSES  TO QUESTION S1 POSED BY CANADA REGARDING THE NOTIFI CATION OF JAPAN2 
The following c ommunication, dated 10 February 2020, is being circulated at the requ est of the 
delegation of Japan . 
 
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Question 1  
The amendments identify procedures to be followed for sampling. Before sampling, the 
investigating authority sends a document to all known suppliers in the investigated 
exporting country, asking whether or not they intend to cooperate in the investigation.  
• Could Japan please indicate how much time is given to these suppliers to respond?  
Reply : 
In practice, the suppliers are given about two weeks, counting from the date of the document, for 
response. The specific time limit is written on the document and it is made public on a website.  
Note: This practice has not been changed by the amendment of the Guidelines notified in 
G/ADP/N/1/JPN/2/Suppl.10.  
Question 2  
Canada notes that when the number of known suppliers from the exporting countries 
exceeds 20, the investigating authority selects its sample from those suppliers who have 
expressed their intention to cooperate.  
• Could Japan please explain what methodology is used to select a sample from 
those suppliers who have expressed their intention to cooperate?  
• To what extent does this methodology ensure that the sample is statistically valid 
or representative of the largest percentage of the volume of exports from the 
country in question?  
Reply : 
The suppliers who have expressed their intention to cooperate are req uired to provide the 
information about the volume of their exports of the product under investigation. Based on the 
 
1 G/ADP/Q1/JPN/18  – G/SCM/Q1/JPN/18.  
2 G/ADP/N/1/JPN/2/Suppl.10 . 
 G/ADP/Q1/JPN/19 • G/SCM/Q1/JPN/19  
 
- 2 - 
 
  information provided, the selection of sample is made, in principle, in the order of producers, who 
have the largest volume of exports to Ja pan, to cover approximately 50 % of the total exports from 
that exporting country.  
Note: This practice has not been changed by the amendment of the Guidelines notified in 
G/ADP/N/1/JPN/2/Suppl.10.  
Question 3  
Suppliers that are not sampled, but had expressed  their intent to cooperate, are notified 
of the investigating authority’s sampling decision.  
• Could Japan please specify how this/these notification(s) is/are done?  
• Are non -sampled suppliers notified individually and is the sampling decision also 
posted on a website?  
Reply : 
The unselected suppliers who had expressed their intent to cooperate are notified of the investigating 
authority’s sampling decision individually in writing. The sampling decision is not posted on the 
website at the time of decision, but the interim and final reports of the investigation, which include 
the description of sampling decision, are made public on the website.  
Note: This practice has not been changed by the amendment of the Guidelines notified in 
G/ADP/N/1/JPN/2/Suppl.10.  
Questi on 4 
According to the amendment, Japan’s investigating authority will apply facts available to 
suppliers who have not expressed their intention to cooperate in the investigation or who 
have not responded to the initial document inquiring about cooperation.  
• Could Japan please clarify whether, before applying facts available to certain 
suppliers, the investigating authority considers the volume of exports these 
suppliers represents? Are there other factor(s) taken into consideration before 
applying facts avai lable and if so, which one(s)?  
Reply : 
To apply facts available to the suppliers depends on whether the evidence required by the 
investigating authority is submitted in a timely manner.  
Note: This practice has not been changed by the amendment of the Guidelines notified in 
G/ADP/N/1/JPN/2/Suppl.10.  
 
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