G/ADP/Q2/IND/13  
 
15 April 2013  
(13-2000)  Page: 1/2  
Committee on Anti-Dumping Practices  Original: English  
 
ARTICLE 16.4 OF THE AGREEMENT 
SEMI-ANNUAL REPORT OF AN TI-DUMPING DUTY ACTIONS 
QUESTIONS POSED BY THE RUSSIAN FEDERATION REGARDING  
THE SEMI-ANNUAL REPORT FROM INDIA1 
 
The following communication, dated 12 April 2013, is being circulated at the request of the 
Delegation of the Russian Federation. 
 
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The Russian Federation has questions with regard to the final findings in the current investigation 
concerning imports of Di-sodium Carbonate (Soda Ash) originating in or exported from the Russian Federation and Turkey; and the Mid-term  R e v i e w  o n  C a r b o n  B l a c k  u s e d  i n  r u b b e r  
applications originating in or exported from Chin a, Australia, the Russian Federation and Thailand. 
These cases are listed on page 7 and 13 accordingly of the semi-annual report dated 27 March 2013. The Russian Federation also may have subsequent questions as it further examines the case. 
 
1. Di-sodium Carbonate (Soda Ash)  
Question 1 
 
Article 6.11 of the Agreement on Implementation of  Article VI of the General Agreement on Tariffs 
and Trade 1994 (herein after referred to as the “A greement”) determines an exporter of a product 
subject to investigation, government of the export ing member and producer of the like product in 
the importing member as interested parties. During the anti-dumping investigation in regard of Soda Ash, the Ministry of economic developmen t of the Russian Federation was registered as 
interested party. 
 According to Article 6.9 “[t]he authorities shall, before a final determination is made, inform all 
interested parties of the essential facts under consideration (…). Such disclosure should take place 
in sufficient time for the part ies to defend their interests”. 
 
The Indian Regulatory Authorities issued discl osure on essential facts but it had not been 
presented to Russian competent authority. In this case the Russian Federation was deprived from the opportunity to protect its interests during the investigation as foreseen by the Agreement. Could India explain how this practice is consistent with Article 6.11 of the AD Agreement which 
obligates members to inform all interested parties of any disclosures issued by investigating 
authorities?  
Question 2 
 
According to Article 5.8 of the Agreement, in case  the investigating authorities determine that the 
volume of dumped imports, actual or potential, is negligible, i.e. individually account for less than 
3 per cent of imports of the like product in the importing Member, unless countries which 
                                               
1 G/ADP/N/237/IND. G/ADP/Q2/IND/13 
 
- 2 - 
 
  individually account for less than 3 per cent of the imports of the like product in the importing 
M e m b e r  c o l l e c t i v e l y  a c c o u n t  f o r  m o r e  t h a n  7  p e r  c e n t  o f  i m p o r t s  o f  t h e  l i k e  p r o d u c t  i n  t h e  importing Member, the investigation shall be immediately terminated. Paragraph 55 of the final findings dated 9 February 2013
2, illustrates that the share of Russian producers on the Indian 
market during the period of investigation (1 July 2010–30 September 2011) was at the level of 
1.11% and the cumulative share of the Russian Federation and Turkey on the Indian market 
accounted to 3.26%. The Russian Federation asks India to provide comments on how actions of 
Indian Regulatory Authorities are consistent with Article 5.8 of the Agreement? 
 2. Carbon Black used in rubber applications  
Question 1 
 
During the Mid-term review investigation, Russian exporter –“Yaroslavskiy Technicheskiy 
Uglerod”– registered as an interested party in that investigation, has provided the filled 
questionnaire in due time. Despite that, the Indian Regulatory Authorities in its final findings recommends to set in respect of all the companies concerned, including the Russian exporter, a 
country-level rate of anti-dumping duty. 
 Article 6.10 of the Agreement stipulates that “[t] he authorities shall, as a rule, determine an 
individual margin of dumping for each known expo rter or producer concerned of the product under 
investigation (…). In cases where the authorities have limited their examination (…) they shall 
nevertheless determine an individual margin of dumping for any exporter or producer not initially selected who submits the necessary information in time”. The Russian Federation asks India to 
give clarifications why neither anti-dumping margin nor individual rate of anti-dumping duty was 
calculated for the Russian exporter and how this practice fulfills the requirements of Article 6.10 of the Agreement? 
 
 
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2 Nº 14/3/2011-DGAD.