G/ADP/Q1/GEO/1  
G/SCM/Q1/GEO/1  
1 April 2021 
(21-2754) 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  
QUESTIONS POSED BY THE UNITED STATES REGARDING   
THE NOTIFICATION OF GEORGIA1 
The following communication, dated and received on 3 0 March 2021 , is being circulated at the 
request of the Delegation of the United States.  
 
_______________  
 
 
The United States thanks Georgia for its notification regarding its anti -dumping laws, and poses the 
following questions:  
Question 1 
Article 2 sets forth certain definitions applicable to Georgia 's anti -dumping law.  
• Article 2(a) defines, in part, the "Domestic Industry " as "… those of them whose collective 
output constitutes the basic proportion of total domestic production  …" Please explain how 
the "basic proportion  of total domestic production " will be calculated.  
• Article 2(b) defines "Related Persons " for purposes of the Domestic Industry.  Please clarify 
whether the basis for finding a party to be related as described in Arti cle 2(b) applies only 
in the context of defining the "Domestic Industry " or whether this definition of "Related 
Party" also applies to any other aspects of Georgia 's anti -dumping procedures . 
Question 2 
Paragraph 2(a) of Article 4 states that the Investigating Authority can "request from administrative 
bodies " information needed to conduct  an investigation.  
• Please specify the administrative bodies  from which information may be requested  by the 
Investigati ng Authority . 
• Please provide some examples of the types of information that may be requested from 
such administrative bodies.  
Question 3 
Article 8 relates to the determination of normal value in non -market economy countries.  Article 8(c) 
states that "[w]hen under subparagraphs "a" and "b" of this Article, it is impossible to determine the 
normal value, it can be determined based on the price actually paid or payable in Georgia for the 
domestic like product, duly adjusted if necessary to in clude a profit margin ." Please clarify on what 
basis the  Investigating Authority will calculat e the appropriate "price actually paid " and "the price  … 
payable ." 
 
1 G/ADP/N/1/GEO/2.  G/ADP/Q1/GEO/1 • G/SCM/Q1/GEO/1  
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  Question 4 
Article 11.2 describes the basis for construction of the export price  "[i]n cases where there is no 
information on export price or where it appears to the investigating authority that the export price 
is unreliable because of interrelationship between the exporter and the importer, also each are 
related to the third party ." Please clarify whether the  Investigating Authority will consider factual 
record evidence to support a decision "where it appears " that the export price is unreliable , or resort 
to outside information . 
Question 5 
Article 15  states that provisional anti -dumping measures may be applied "no later than 60 days from 
the date of initiation of the investigation ." Please clarify whether this provision is intended to state 
that provisional measures may not be applied sooner  than 60 days from the date of initiatio n of the 
investigation as required by  Article 7.3 of the Anti -dumping Agreement (emphasis added).  
Question 6  
Paragraph 6 of Article 20 indicates that the Investigating Authority will, upon deciding to initiate an 
investigation, publish that information on its webpage.  
• Please provide the web address where initiation information will be published.  
• Please identify what other information relating to investigations will be published on the 
Investigating Authority 's webpage.  For example, does the Authority plan t o provide 
announcements of preliminary and final determinations?  Will the webpage provide links 
to public versions of determinations and other documents?  
• How long will published documents in a particular investigation remain on the webpage?  
Question 7 
In Article 22, Georgia states that "the investigating authority is entitled to request the 
non-confidential version of the confidential information provided by the interested party. " 
• Please clarify whether the Investigating Authority will  requir e interested parties providing 
confidential information  to furnish non -confidential summaries thereof as provided for in 
Article 6.5.1 of the WTO Anti -dumping Agreement . 
• Please specify whether required non -confidential summaries  will be made available to 
other interested parties . 
 
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