G/ADP/Q1/RUS/6  
G/SCM/Q1/RUS/6  
G/SG/Q1/RUS/6  
 
15 April 2014  
(14-2358)  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  
REPLIES TO QUESTIONS POSED BY THE UNITED STATES1  
REGARDING THE NOTIFICATION OF THE RUSSIAN FEDERATION2 
The following communication, dated 14 April 2014, is being circulated at the request of the 
Delegation of the Russian Federation.  
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 Question 1 
 
With regard to Russia's response to question 26, we understand the Commission's notices are published on the EEC website and that these notices are available to 
interested parties and the public and that  the administering authority's conclusions 
regarding the investigation (including it s underlying analysis, calculations and 
consideration of the arguments made during th e investigation) are set forth in the final 
report it submits to the Commission. Are there any additional disclosure documents 
(other than the Commission's notice posted on the EEC website) provided to the 
interested parties upon issuance of the pr eliminary and/or final determinations (e.g., 
dumping margin calculation programs, databa ses and/or electronic files containing 
DIMD's dumping or injury analysis)? If so, please describe each of these documents and 
indicate when they are provided  to the interested parties. 
 
Reply 
 
Before a preliminary/final report is submitted to the Commission, the DIMD discloses information pertinent to the dumping determination to cooperat ing exporters by providing each of them with a 
computer file containing the dumping margin calculation and the relevant part of the 
preliminary/final report explaining the methodology for the calculation. Such disclosures happen sufficiently in advance to permit the exporters to comment on the analysis, and for the 
investigating authority to take these comments into account. 
 For final determinations, the DIMD sends out its full report to participants in the investigation 
(before any decision is taken) by  virtue of Article 31(3) of the Basic Agreement, as described in 
our answer to Question 6 in the previous document.
3 
 Question 2 
 
In response to question 27, Russia states th at the only decision the Commission has the 
authority to revisit are decisions of "non-a pplication." Please explain the circumstances 
under which a decision of non-application would be revisited and explain how this 
process works. For example, who makes the decision to revisit a previous decision? 
                                               
1 G/ADP/Q1/RUS/5-G/SCM/Q1/RUS/5-G/SG/Q1/RUS/5. 
2 G/ADP/N/1/RUS/1-G/SCM/N/1/RUS/1-G/SG/N/1/RUS/1. 
3 G/ADP/Q1/RUS/4-G/SCM/Q1/RUS/4-G/SG/Q1/RUS/4. G/ADP/Q1/RUS/6 • G/SCM/Q1/RUS/6 • G/SG/Q1/RUS/6 
 
- 2 - 
 
  Would such an action need to be requested by  the administering authority, an interested 
party, or can the Commission take action on  its own initiative? Once a decision of 
non-application has been taken, is there a deadline under which the Commission can decide to revisit this decision? 
 
Reply 
 
Article 40 of the Basic Agreement establishes that a decision of non-application can be taken if the 
application of the measure could harm the interests of the States Parties, and revised if causes that led to taking such a decision have changed.  
No decisions of that nature have so far been taken by the Commission, nor has any such decision 
been revised. If Article 40 were to be applied and a decision of non-application were to be taken and subsequently revised, the Commission would investigate, based on the information received 
from an interested party, or on its own initiative, if the causes  that led to the non-application 
decision have indeed changed . As in any other case, the power to initiate a review would lie with 
the investigating authority. Any such investigation would include reasonable notice to interested 
parties and allow them to defend their interests. 
 The Basic Agreement does not specify a deadline for a non-application decision to be revisited, but such timeframe would reasonably depend on the record of the initial investigation that led to 
non-application of the measure.  
 
 
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