G/ADP/Q1/RUS/2  
G/SCM/Q1/RUS/2  
G/SG/Q1/RUS/2  
 
10 April 2013  
(13-1846)  Page: 1/2  
Committee 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 AUSTRALIA  
REGARDING THE NOTIFICATION OF THE RUSSIAN FEDERATION1 
The following communication, dated 8 April 2013, is being circulated at the request of the 
Delegation of Australia.  
_______________ 
  
Australia thanks the Russian Federation for notifying its laws and regulations relating to anti-
dumping, countervailing duty and safeguard investigations as of 22 August 2012.  Australia has the following questions on the 2008  Agreement on the Application of Safeguards, 
Anti-dumping and Countervailing Measures against Third Countries ('the 2008 Agreement'): 
 Question 1 
 
Article 2 defines the "previous period" as three calendar years immediately preceding the date of filing of an application for an investigation. Please explain whether this means three complete 
calendar years or a three year period prior to lodgement of an application. Please also explain 
whether this definition relates to the injury a ssessment. Article 30.4-1 notes that the period of 
investigation prior to the application of safeguard, anti-dumping or countervailing duty is established by the investigating authority. Please explain the period of investigation for the 
purposes of determining dumping or subsidisation. 
 Question 2 
 
Article 2 defines "threat of material injury" as one that is 'inevitable'. Please clarify whether this is the same standard as set down in Article 3.7 of  the WTO Anti-Dumping Agreement, Article 15.7 of 
the WTO Subsidies and Countervailing Measures  Agreement and Article 4.1(b) of the WTO 
Safeguards Agreement.  Question 3 
 
Article 6.1 refers to serious injury "which would be difficult to eliminate later". Please clarify whether this is the same standard as set down in Article 6.1 of the WTO Safeguards Agreement 
which refers to "damage which it would be difficult to repair". 
 Question 4 
 
Article 6.4 refers to consultations that should be initiated after adoption of the decision to impose a provisional safeguard measure. Please explain th e timeframe for such consultations and whether 
these are held "immediately" after the measures is taken as set down in the WTO Safeguards 
Agreement. 
 
                                               
1 G/ADP/N/1/RUS/1-G/SCM/N/1/RUS/1-G/SG/N/1/RUS/1 (dated 3 October 2012) G/ADP/Q1/RUS/2 • G/SCM/Q1/RUS/2 • G/SG/Q1/RUS/2 
 
- 2 - 
 
  Question 5 
 Article 11.1 provides for the determination of the normal value as based on "the ordinary course of trade for use in the customs territory of the exporting foreign country in a competitive 
environment". Please explain how "competitive environment" is defined or assessed.  
 Question 6 
 
Article 16.2 provides for recourse to the lesser duty rule. Please explain whether there are any 
specific circumstances where the lesser duty rule may apply. Please also explain the methodology for this assessment. Please explain whether the lesser duty rule is normally applied in 
investigations. 
 Question 7 
 
Article 16.4 (and Article 10.11 where there is sampling) notes that an anti-dumping duty for all other exporters or foreign producers is based on the highest margin of dumping calculated during 
the investigation. Please explain whether the margins for non-cooperating exporters and foreign 
producers are disregarded for this purpose if there is sampling.  Question 8 
 
Article 17.3 and 17.4 outline the procedures for re views of anti-dumping measures. Please explain 
whether the investigating authority issues a public notice alerting interested parties to the expiry 
of the measure in order to generate a request for a review. 
 Question 9 
 
Article 17.4 outlines the evidentiary requirements for a review including that an "existing antidumping measure is not sufficient to counteract dumped imports and to eliminate the injury to the industry of the Parties as a result of dumped imports". Please explain whether 'sufficiency' of a 
measure reflects the standard of Article 11.2 of the WTO Anti-Dumping Agreement. 
 Question 10 
 
Article 18.1 defines circumvention as "the change of the supply process to avoid paying antidumping duty". Article 18.3 outlines the evidentiary requirements for a circumvention review, 
including evidence of "neutralization of the antidumping measure as a result of circumvention and 
the influence of this factor on the production and (or) sale and (or) the prices of the like product". 
Please explain whether this would include evidence  of no  move me nt in  the  re s ale  p ric e s  of the 
dumped goods following the imposition of an anti-dumping measure.  
 
Question 11  
Article 20 defines a subsidy as any kind of income or price support giving "an additional 
advantage" or a financial contribution that gives "additional benefits" to the recipients. Please explain whether a 'benefit' or 'advantage' is suffi cient to meet the requirements of defining a 
subsidy. Please explain the scope of "granting authority". 
 Question 12  
Please explain the scope of "other parties" in  Article 30.12 and whether this differs from the 
definition of interested parties in Article 36.  
 
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