G/ADP/Q1/MUS/5  
G/SCM/Q1/MUS/5  
19 November  2019 
(19-7887) Page: 1/3 
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  
REPLIES  TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF MAURITIUS2 
The following communication dated 19 Novem ber 2019, is being circulated at the request of the 
delegation of Mauritius . 
 
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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.  
Reply  
The list of economic factors is not exhaustive. Decision will be taken based on a comprehensive 
analysis of all relevant economic factors.  
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 regarding a 
threat determination with res pect 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 to 
subsidized imports . In addition, pleas e 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 Implementation 
of Article VI of the Gener al Agreement on Tariffs and Trade 1994.  
Reply  
Although not mentioned in section 21, the factors set out in sections 18 and 20 will have to be 
considered in making a determination of the existence of a threat of material injury in relation to 
dumped imports . 
These factors are important as they are basic economic factors that need to be considered in the 
examination of material injury.  
                                                
1 G/ADP/Q1/MUS/4 – G/SCM/Q1/MUS/4 (dated 21 October 2019).  
2 G/ADP/N/1/MUS/3 - G/SCM/N/1/MUS/3 (dated 25 March 2019).  G/ADP/Q1/MUS/5 • G/SCM/Q1/MUS/5  
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  The threat determination under section 21 or 22 should be based on facts to justify the potential 
threat of material injury. Mere allegation will not warrant consideration of threat determination.  
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 Authority 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 procedures and applicable 
deadlines for registering as an interested party will be provided in the notice o f initiation 
or how interested parties may otherwise find this information.  
Reply  
With respect to section 32 (1) (a), letters will be sent to all known interested parties to inform them 
of the initiation of an investigation as well as contact point of the Investigating Authority for any 
information they may require. Besides, relevant questionnaires will be sent out to the known 
interested parties to fill in. A Guide to Anti -dumping and A Guide to Anti -Subsidy have also been 
prepared and are available on the  Trade Portal of the International Trade Division. The initiation 
notice and all relevant questionnaires will also be published on the Investigating Authority 's website.  
Question 4  
Section 38, paragraph (1) states that "the Investigating Authority shall es tablish and 
maintain a register relating to each investigation or review made under this Act ." Please 
clarify whether the register or an index to the register will be accessible electronically or 
if it is only available for in -person inspection at the offi ces of the investigating authority.  
Reply  
As indicated in paragraph (3) of section 38, the register will be available for in person inspection at 
the offices of the Investigation Authority during the course of the investigation or review.  
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.  
Reply  
Only the Investigating Authority will have access to confiden tial information in the register and it 
will not be used for any other purpose than the specific investigation.  
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.  
Reply  
All initiation notices as well as general notices relatin g to the preliminary and final determinations 
will be published in the Gazette. The detailed notices or reports that set out the findings will be 
published only on the Trade Portal.  G/ADP/Q1/MUS/5 • G/SCM/Q1/MUS/5  
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  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 judicial 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. A lso, 
please elaborate on the specific steps of an appeal process ( i.e., process, timeline).  
Reply  
Although section 74 of the Act specifically provides that an aggrieved party may appeal to the 
Supreme Court against a final decis ion of the Investigating Authority by way of judicial review, there 
is nothing that would prevent a party from applying to the Supreme Court for a judicial review of 
any other decision of the Investigating Authority under general principles of judicial rev iew of 
administrative action.  
An application for judicial review has to be made as soon as practicable after the cause of action has 
arisen and in any event not later than 3 months thereof. There must first be a motion for leave to 
apply for judicial revie w and if the motion for leave is acceded to, the matter will be heard on its 
merits. There is no timeline for delivery of a judgment in an application for a judicial review of an 
administrative action but such applications are typically determined within 1 8 months to 3 years of 
the application for leave.  
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