G/ADP/Q1/LBR/2  
G/SCM/Q1/LBR/2  
 
21 November 2019  
(19-7971) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 
NOTIFICATION OF LAW S AND REGULATIONS UN DER 
ARTICLE  18.5 OF THE AGREEMENT  
REPLIES TO QUESTIONS1 POSED BY THE UNITED  STATES  
REGARDING THE NOTIFI CATION OF  LIBERIA2 
The following communication, dated 20 November 2019, is being circulated at the request of the 
delegation of Liberia . 
 
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Question 1  
Regarding Article 33.1 of the Regulation , please confirm that the Commission will directly 
notify all known interested parties of the initiation of an antidumpin g investigation in 
accordance with Article  6 of the World Trade Organization Agreement on Implementation 
of Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter WTO AD 
Agreement ). 
Reply : 
The Commission may directly notify known intere sted parties of the initiation of an investigation.  
Question 2  
Article 33.1 of the Regulation  states that the time limit for exporters to respond to the 
initial questionnaire is determined from the date of receipt of the questionnaire, which 
shall be deeme d to have been received seven days from the day on which it was sent to 
the respondent or transmitted to the appropriate diplomatic representative of the 
exporting country . Please confirm that the Commission will send antidumping 
questionnaires directly to  the respondent companies in all instances, in accordance with 
Article 6 of the WTO AD Agreement . 
Reply : 
The Commission will send antidumping questionnaires directly to the respondent companies in all 
instances or to the appropriate diplomatic representati ve of the exporting country.  
Question 3  
Article 21.3 of the Regulation  states that "one or only some of these indices can suffice to 
demonstrate that other importations which constitute dumping are imminent…." Please 
                                                
1 G/ADP/Q1/LBR/ 1 - G/SCM/Q1/LBR/ 1 (circula ted 4 April 201 8). 
2 G/ADP/N/1/LBR/1  (circulated 1 December 2017).  G/ADP/Q1/LBR/2 • G/SCM/Q1/LBR/2  
 
- 2 - 
 
  confirm that the Commission will take into account the "totality of the factors" in making 
its conclusion, in  accordance with Article 3.7 of the WTO AD Agreement . 
Reply : 
The Commission cannot make a determination on the basis of one indices or factor. However, one 
of the indices can give reason to check for other indices for the Commission to make a determination  
during an investigation.  
Question 4  
Regarding Article 51 of the Regulation , if the competent authority decides to suspend the 
antidumping duty, would this prolong the overall period of application of the duty?  
Reply : 
No, the overall period of application of the duty is determined and notified by the Commission and 
can therefore not be prolonged as a result of a suspension of application by any authority.  
Question 5  
Regarding Article 57 of the Regulation , if no interested party requests a review or 
extension of the antidumping measure under consideration, will the measure 
automatically terminate? Under what circumstances would the commission initiate an 
expiry review on its own initiative?  
Reply : 
Yes, if no interested party requests a review or exten sion of the antidumping measure under 
consideration, the measure will automatically terminate in line with the original five year period as 
provided in the Regulation.  
Article 55 (2) states that, "the review of measures at expiry shall be initiated on the initiative of the 
Commission, or upon request made by or on behalf of Community producers, and the measure shall 
remain in force pending the outcome of such review ". So the Commission can initiate an expiry 
review on its own.  
Question 6  
How does the Commis sion evaluate "community interest"? Are there published rules or 
procedures for determining community interest, as described in Article 65 of the 
Regulation ? 
Reply : 
Given the context in Article 65, Community interest refers to trade principles and policies  of the 
Community which, if not considered in making decisions, will have adverse effect that will negatively 
affect trade with and within the Community. Community interest has to do with the objectives and 
purpose of ECOWAS as stated in the Revised ECOWAS  Treaty of 1993 . 
 
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