G/ADP/Q1/DOM/8  
G/SCM/Q1/DOM/8  
G/SG/Q1/DOM/8  
22 April 2016  
(16-2293)  Page: 1/3  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: Spanish  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
QUESTIONS POSED BY THE UNITED STATES1 REGARDING 
THE NOTIFICATION OF THE DOMINICAN REPUBLIC2 
The following communication, dated 21 April 2016, is being circulated at the request of the 
delegation of the Dominican Republic.  
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Question 1 
 Article 4 of the Regulations explains the powe rs and functions of the various bodies that 
comprise the Trade Defence Commission (CDC ). Could the Dominican Republic please 
explain the selection and appointment process for the Plenary Session members?  Reply 
 The Plenary Session of the CDC is comprised of five members who must: (i) be Dominican citizens having the full exercise of their civil rights and be over thirty years of age; (ii) be practising 
lawyers or economists who have a reputation of moral integrity; and (iii) have demonstrated 
expertise in the areas of international trade, cont rol of anti-competitive practices, arbitration, 
administrative or judicial procedures for the settlement of disputes and/or business economics. 
 
The members of the CDC Plenary Session are appoin ted by the Executive Branch and must receive 
approval from the National Congress (Chamber of Senators and Deputies) in order to carry out their functions for a period of four years. Prio r to approving members, the Congress holds public 
consultations to discuss the competencies and suitability of candidates. 
 Question 2 
 
Article 32 of the Regulations notes that the CDC will notify the government 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 applicat ion is properly documented that the CDC will 
make this notification.  
Reply 
 
In practice, governments of exporting countries are notified two weeks prior to the initiation of an 
investigation through the diplomatic repres entation of the exporting Member in the 
Dominican Republic.  
                                               
1 G/ADP/Q1/DOM/7-G/SCM/Q1/DOM/7-G/SG/Q1/DOM/7. 
2 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). G/ADP/Q1/DOM/8 • G/SCM/Q1/DOM/8 • G/SG/Q1/DOM/8 
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  Question 3 
 The Regulations do not contain a reference to  regional industry analysis authorized 
under Article 4.1(ii) of the Agreement on Im plementation 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? 
 
Reply 
 Given the small size of the Dominican Republic, this analysis was not provided for in the new 
legislation. However, when a case requiring the application of a regional industrial analysis arises, 
the CDC will take action in accordance with the provisions of the Anti-Dumping Agreement.  
Question 4 
 In the event the investigating authority ma kes an affirmative preliminary finding of 
dumping and injury, what form does the pr ovisional measure take, e.g., a provisional 
duty or security? 
 Reply 
 In practice, provisional anti-dumping measures have taken the form of provisional ad valorem  
anti-dumping duties. 
 
Question 5  
Article 74 of the Regulations states th at "[c]ircumvention of anti-dumping, 
countervailing, or safeguard measures, whet her preliminary or definitive, shall be 
determined through a special procedure initiate d 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 deta iled in publicly available documents. 
 Reply 
 The procedure to prevent the circumvention of anti-dumping, countervailing and safeguard measures is currently only regulated under Chapter VII of the Implementing Regulations 
(Articles 73 to 75). 
 Question 6  
Article 79 of the Regulations states that "[a] normal 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 diffe r significantly among different purchasers, 
regions or time periods, and if an explanat ion is provided as to why such differences 
cannot be taken into account appropriatel y by the use of a weighted average to 
weighted average or transaction to transact ion comparison." Has the CDC applied this 
methodology in an antidumping duty proceedi ng? If so, please identify the specific 
proceeding(s).  Reply 
 The CDC has not applied this procedure in the anti-dumping investigations carried out to date.  
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 Arti cle 6.10 of the AD Agreement. Please also 
explain whether the Dominican Republic ma y limit the number companies individually G/ADP/Q1/DOM/8 • G/SCM/Q1/DOM/8 • G/SG/Q1/DOM/8 
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  examined by a statistically valid sampling me thod or by examining the companies that 
account for the largest share of the volume of exports under investigation.  Reply 
 Since the new legislation was adopted, the CDC has not conducted investigations in cases where this situation has occurred. 
 
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