G/ADP/Q1/PAK/9  
G/SCM/Q1/PAK/9  
 
1 April 2016  
(16-1818)  Page: 1/3  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATION OF PAKISTAN1 
The following communication, dated 31 March 2016, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
 
 The United States thanks Pakistan for its notification of Act No. XII of 2015: An Act to reform and 
repeal the National Tariff Commission Act, 1990 (hereinafter "2015 National Tariff Commission 
Act"); Act No XIV of 2015: An Act to reform and repeal the Anti-Dumping Duties Ordinance, 2000 (hereinafter "2015 AD Act"), and Act No XIII of 2015: An Act to reform and repeal the 
Countervailing Duties Ordinance, 2001 (hereinafter "2015 CVD Act") and poses the following 
questions:
2 
 Questions pertaining to the 2015 National Tariff Commission Act : 
 
Question 1 
 Article 2 (b) of the 2015 National Tariff Commission Act, defines "interested party" as "any party 
having interest in the product under investigation including domestic producers, importers, 
consumers, exporters, foreign producers, trade or business associations of the investigated 
product or such other persons or group of persons as the Commission may specifically through 
notification in official Gazette." Would Pakistan please confirm that the governments of exporting 
countries concerned are also considered "interested parties" in accordance with Article 6.11 of the Agreement of Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 
(hereinafter "AD Agreement")? 
 
Question 2  
Article 4 of the 2015 National Tariff Commission Act states that the Commission shall be comprised 
of five members, with one of the members appointed Chairman. Please explain the selection and appointment process for the Commission and its chairman.  
 
Question 3  Article 16 of the 2015 National Tariff Commission Act states "The Secretary to the Commission 
shall perform functions and duties, including the following, namely: (a) to keep in custody the 
records and seal of the Commission;…" 
 Will the Secretary maintain access to the case file for interested parties? 
                                               
1 G/ADP/N/1/PAK/3, G/SCM/N/1/PAK/3 (dated 20 January 2016). 
2 For the sake of efficiency, the United States suggests that commi ttee review for questions 1-11 and 
12-17 be conducted in the Committe e on Anti-Dumping Practices and the Committee on  Subsidies and 
Countervailing Measures, respectively. G/ADP/Q1/PAK/9 • G/SCM/Q1/PAK/9 
 
- 2 - 
 
   If so, please describe the process by which interested parties will be given access to the 
case file. 
Questions pertaining to the 2015 AD Act: 
 
Question 4 
 With regard to Article 28 of the 2015 AD Act, pl ease clarify what supporting information, apart 
from an application for investigation, the Commission will provide to interested parties in the event 
that it self-initiates an investigation as provided for in Article 25 of the 2015 AD Act.  In addition, please confirm that the written application, a summary thereof, or summary 
information in the case of a self-initiated investigation, will be available to interested parties as 
part of a publicly accessible case file.  
Question 5 
 Article 29 of the 2015 AD Act notes that the Commission has at least twelve, but not more than 
eighteen months, to complete an investigation. Please clarify how this comports with the timelines 
set out in Article 13 of the 2015 National Tariff Commission Act.  Question 6 
 
Section 34 of the 2015 AD Act states the Commission shall issue a proposed schedule for antidumping investigations that includes the "proposed date for any hearing, if requested." 
The 2015 AD Act does not contain any provision concerning the circumstances under which the 
Commission conducts hearings. How does Pakistan implement the requirement of Article 6.2 of the AD Agreement that authorities provide upon re quest "opportunities for all interested parties to 
meet those parties with adverse interests?" Is there a provision analogous to Section 12(5) of 
the 2015 CVD Act applicable to antidumping investigations?  Question 7 
 
Section 39(3) of the 2015 AD Act states that the Commission's notice of final determination shall contain relevant information on the matters of fact and law and reasons that have led to the 
determination. Neither it nor any other section of the 2015 AD Act specifies how or whether the 
Commission must notify interested parties of the essential facts under consideration prior to issuing the final determination. How does Pakistan  implement the requirements of Article 6.9 of 
the AD Agreement? Is there a provision analogous to Section 12(6) of the 2015 CVD Act applicable 
to antidumping investigations?  Question 8 
 
Section 39 of the 2015 AD Act specifies the contents  of final determinations and notices of final 
determinations. It does not contain any provision indicating that the final determination include 
the "reasons for acceptance or rejection or relevant arguments or claims made by the exporters or 
importers," as required by Article 12.2.2 of the AD Agreement. How does Pakistan implement this requirement? 
 
Question 9  If imports of a particular product from a single country are subject to simultaneous antidumping 
and countervailing duty investigations, as contempl ated by section 25(2) of the 2015 CVD Act, will 
the Commission conduct a single injury investigation, and make a single injury determination, in both the antidumping and countervailing duty proceedings? 
 
Question 10  
Article 51 of the 2015 AD Act makes a differentiation  between imports that will be subject to any 
duties and those that will not. Article 51(e) states that anti-dumping duties "will not be levied on imports that are to be used as inputs in products destined solely for export and are covered under any scheme exempting customs duty for exports under the Customs Act, 1969." Please explain, G/ADP/Q1/PAK/9 • G/SCM/Q1/PAK/9 
 
- 3 - 
 
  generally, how this provision is administered to ensure that goods imported to be used as inputs in 
products destined for export are not subject to  anti-dumping duties. For example, if this 
exemption is claimed by an importer, must the goods remain in a special zone or other status until exported?  
 
Question 11  
Please confirm that any changes made under Article 77 of the 2015 AD Act will be consistent with 
Pakistan's commitments under the AD Agreement.  Questions pertaining to the 2015 CVD Act: 
 Question 12  
Article 2(l) of the 2015 CVD Act does not list the government of a country in which the 
merchandise subject to the countervailing duty inve stigation is produced or manufactured, or from 
which the merchandise is exported, as an "interested party." Please clarify whether the 
government of export and/or production of the merchandise subject to a CVD investigation is an 
interested party in the proceeding.   Question 13 
 
Section 9(3) of the 2015 CVD Act states that one factor that the Commission may consider in 
determining the impact of subsidized imports is "the fact that the domestic industry is still in the 
process of recovering from the effects of past subsidization and dumping." Section 17 of the 2015 
AD Act, which concerns the impact of dumped imports, has no comparable provision. Please 
explain the reason for this discrepancy, which does not stem from any variance between the AD 
and SCM Agreements. Could it lead to disparate results in simultaneous antidumping and 
countervailing duty investigations of the same product?  Question 14 
 
Section 12(2)(b) of the 2015 CVD Act states that the injury period of investigation shall normally cover 36 months. When does the 36-month period typically begin and end? Do antidumping injury 
investigations typically have the same 36-month period of investigation? 
 Please also provide an example under which a longer period of investigation would be necessary. 
 
Question 15  Section 25(3) of the 2015 CVD Act specifies the contents of final determinations and notices of 
final determinations. It does not contain any provision indicating that the final determination must 
include the "reasons for the acceptance or rejection or relevant arguments or claims made by interested Members and the exporters or importers," as required by Article 22.5 of the 
SCM Agreement. How does Pakistan implement this requirement? 
 Question 16 
 
Please explain whether the government of a country in which the merchandise subject to the countervailing duty investigation is produced or manufactured, or from which the merchandise is exported, is considered an interested party with regard to the provisions of Article 32 of the 2015 
CVD Act, which provides the ability to appeal to the Appellate Tribunal. 
 Question 17 
 
Please confirm that any changes made under Article 39 of the 2015 CVD Act will be consistent with Pakistan's commitments under the Agreement on Subsidies and Countervailing Measures. 
 
__________