G/ADP/Q1/ARE/3  
G/SCM/Q1/ARE/3  
G/SG/Q1/ARE/3  
 
1 April 2019 
(19-2017) Page: 1/2 
Comm ittee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6  AND 12.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION OF THE UNITED ARAB EMIR ATES1 
The following c ommunication, dated 28 March 2019 , is being circulated at the requ est of the 
Delegation of the United States.  
 
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The United States thanks the United Arab Emirates for its notification of Council of Ministers 
Decision  No. (8) for the Year 2018  (hereinafter  Decision No. (8) ), and poses the following questions :2 
 
1. Section II, Article 8 of Decision No. (8)  discusses the records that the investigating authority 
will maintain during the course of a proceeding. Please clarify the foll owing:  
 
a. Will only those parties that registered as interested parties to the investigation have 
access to the non -confidential record or will those records be publicly available for 
examination?  
b. How will parties access the non -confidential record for purpo ses of copying and 
review?  
c. Will any parties, with the exception of the investigating authority, have access to 
documents in the confidential record of a case? If so, please explain which parties 
will have access, the process to grant access, and the requirements imposed to 
ensure the safekeeping of the confidential records by parties.  
d. Will the investigating authority maintain an index of all case file records for both the 
non-confidential and confidential records for interested parties and/or the publ ic to 
review?  
 
2. Section II, Article 12, paragraph 1 indicates that interested parties are provided no more  
than 40 days to provide a response to the initial questionnaire issued in an antidumping or 
countervailing duty. The Article 6.1.1 of the Agreement o n Implementation of Article VI of 
the General Agreement on Tariffs and Trade 1994 (AD Agreement) and Article 12.1.1 of the 
Agreement on Subsidies and Countervailing Measures (SCM Agreement), specify that parties 
shall be given at least 30 days to provide a  response to the initial questionnaire, but do not 
establish a limit or cap on the amount of additional time that may be granted by the 
administering authority for an interested party to provide a response to the questionnaire. 
The 40 days noted in Article  12 of Decision No. (8)  seems to indicate that the administering 
authority 's discretion to provide an extension is limited to 10 additional days. Please clarify 
                                                
1 G/ADP/N/1/ARE/2/Suppl.1 -G/SCM/N/1/ARE/2/Suppl.1 -G/SG/N/1/ARE/2/Suppl.1 
(dated  5 October  2018).  
2 For the sake of efficiency, the United States suggests that committee review for questions 1 -5 be 
conducted in the Committee on Anti -Dumping Practices, while review for question 6 be conducted in the 
Committee on Safeguards.  G/ADP/Q1/ARE/3 • G/SCM/Q1/ARE/3 • G/SG/Q1/ARE/3  
 
- 2 - 
 
  whether this is the case or may the administering authority grant parties an extension of 
time beyond the 40 -day time limit noted above, if good cause is shown by the requesting 
party.  
 
3. Section II, Article 14 states that when "indicators" show that the "trend in imports of a 
product threatens to cause injury to the Domestic Industry, imports of that  product may be 
subject as appropriate to a temporary surveillance procedure . . . in accordance with the 
terms and procedures regulated in a Statutory Decision issued by the Council of Ministers."  
 
a.  Has the United Arab Emirates Council of Ministers iss ued a Statutory Decision for 
carrying out such surveillance, and if so, please indicate where the United Arab 
Emirates has made a copy available?  
b.  Please indicate whether the United Arab Emirates has ever undertaken such 
surveillance under this text or predecessor text, and the outcome.  
c. How does the United Arab Emirates define the terms "trend" and "injury" and what 
time period and what type of information would the United Arab Emirates consider 
(or has considered in the past) in deciding whether ther e is a "trend" and "injury"?  
d. If the United Arab Emirates finds that indicators show a trend in imports threatens 
to cause injury, what possible actions could the UAE take after having done so?   
 
4. Section II, Article 18, paragraph 2 indicates that the i nvestigating authority may conduct 
on-the-spot verifications during the course of a trade remedy investigation. Please clarify 
whether the investigating authority will provide an agenda or list of the information to be 
verified to the concerned company in advance of the on -the-spot verification and, if so, how 
far in advance that information will be issued to the concerned company.  
 
5. Please clarify the differences between Section II, Article 25, paragraph 1 which states, 
"Notifications, correspondences, quer ies and any other communications should be sent to 
known interested parties or their assigned representatives by registered mail which confirms 
delivery to the interested parties" and Section II, Article 25, paragraph 2 which states, 
"Notifications to the known interested parties in foreign countries should be made through 
their diplomatic representatives or authorized consulates in the Country."  Please confirm 
that the investigating authority will directly inform all interested parties of the essential fac ts 
under consideration and all other information related to an investigation relevant to the 
parties ' defense of their interests, including those based in foreign countries.  
6.  Section II, Article 72, paragraph 2 states that when determining a threat of s erious injury, 
one of the factors to be considered is the "rate of increase of imports into the domestic 
market indicating the likelihood of substantially increased imports." Please indicate how this 
sentence is consistent with the requirement in Article 2 .1 of the WTO Agreement on 
Safeguards – that a Member find that a product "is being imported into its territory in such 
increased quantities, absolute or relative to domestic production, and under such conditions 
as to cause or threaten to cause serious in jury to the domestic industry that produces like 
or directly competitive products."   
 
 
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