G/ADP/Q1/DOM/7  
G/SCM/Q1/DOM/7  
G/SG/Q1/DOM/7  
 
5 April 2016  
(16-1904)  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 THE UN ITED STATES REGARDING 
THE NOTIFICATION OF THE DOMINICAN REPUBLIC1 
The following communication, dated 2 April 2016, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
  
The United States thanks the Dominican Republic  for its notification of the new implementing 
regulations for Law No. 1-02 on Unfair Trade Practices and Safeguard Measures (hereinafter, "Regulations") and poses the following questions
2: 
 
Question 1 
 Article 4 of the Regulations explains the powers an d functions of the various bodies that comprise 
the Trade Defence Commission (CDC). Could the Do minican Republic please explain the selection 
and appointment process for the Plenary Session members?  
Question 2 
 Article 32 of the Regulations notes that the CDC will notify the govern ment of the exporting 
country that it has received a properly documented application for an anti-dumping investigation 
prior to initiation of an investigation. Please explain how long after it is determined that an 
application is properly documented that the CDC will make this notification.  
Question 3 
 The Regulations do not contain a reference to regional industry analysis authorized under 
Article 4.1(ii) of the Agreement on Implementati on of Article VI of the General Agreement on 
Tariffs and Trade 1994 (AD Agreement) and Article 16.2 of the Agreement on Subsidies and Countervailing Measures. Is such analysis permitted under the Regulations or the underlying law?  
 
Question 4 
 In the event the investigating authority makes an affirmative preliminary finding of dumping and 
injury, what form does the provisional measure take, e.g., a provisional duty or security? 
 
                                               
1 G/ADP/N/1/DOM/3/Suppl.2-G/SCM/N/1/DOM/2/Suppl.2-G/SG/N/1/DOM/2/Suppl.2 
(dated 27 November 2015). 
2 For the sake of efficiency, the Un ited States suggests that committee review for these questions be 
conducted in the Committee on Anti-Dumping Practices. 
 G/ADP/Q1/DOM/7 • G/SCM/Q1/DOM/7 • G/SG/Q1/DOM/7 
 
- 2 - 
 
  Question 5  
 Article 74 of the Regulations states that "[c]ir cumvention of anti-dumping, countervailing, or 
safeguard measures, whether preliminary or definitive, shall be determined through a special 
procedure initiated ex officio or at the request of or on behalf of the domestic industry." Please 
indicate where the special procedure for anti-circumvention proceedings is detailed in publicly available documents.  
 
Question 6  
 Article 79 of the Regulations states that "[a] norm al value established on a weighted average basis 
may be compared to prices of individual export transactions if the CDC finds a pattern of export 
prices that differ significantly among different purchasers, regions or time periods, and if an explanation is provided as to why such differences cannot be taken into account appropriately by 
the use of a weighted average to weighted average or transaction to transaction comparison." Has 
the CDC applied this methodology in an antidumpin g duty proceeding? If so, please identify the 
specific proceeding(s). 
 
Question 7  
 Article 102 of the Regulations states that, "[i]n cases where the investigation involves several 
suppliers from the same country, and it is impracticable to name them all, the CDC may impose an 
anti-dumping measure on the exporting country concerned." Please explain how this article comports with Article 6.10 of the AD Agreemen t. Please also explain whether the Dominican 
Republic may limit the number companies individually examined by a statistically valid sampling 
method or by examining the companies that accoun t for the largest share of the volume of exports 
under investigation. 
 
__________