G/ADP/Q1/BHR/10, G/SCM/Q1/BHR/10  
G/SG/Q1/BHR/12, G/ADP/Q1/OMN/2  
G/SCM/Q1/OMN/2, G/SG/Q1/OMN/2  
G/ADP/Q1/SAU/4, G/SCM/Q1/SAU/4  
G/SG/Q1/SAU/6  
 
 
28 April 2016  
(16-2409)  Page: 1/3  
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 QUESTIONS1 POSED BY THE UNITED STATES REGA RDING THE NOTIFICATION OF THE  
KINGDOM OF BAHRAIN, OMAN, AND THE KINGDOM OF SAUDI ARABIA2 
The following communication, dated 27 April 2016, is being circulated at the request of the 
Delegation of the Kingdom of Bahrain, Oman, and  the Kingdom of Saudi Arabia.   
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  Question 1 
 
Article 7(1) of the Rules states that the Te chnical Secretariat shall, upon receipt of a 
properly documented complaint regardin g dumping or subsidization and before 
proceeding to initiate an investigation, notify the government of each country 
concerned. Please explain how soon after it is determined that an application is properly 
documented that the Technical Secret ariat will make this notification.  
 
Reply: 
 The Technical Secretariat makes notifications to the government of each country concerned after it 
has received a properly documented complaint, and before it proceeds to initiate an investigation. 
M o r e  s p e c i f i c a l l y ,  n o t i f i c a t i o n  i s  s e n t  t o  the concerned government before the Permanent 
Committee takes its decision regarding the initial report submitted by the investigating authority, 
the Bureau of the Technical Secretariat for Anti-injurious Practices in International Trade (TSAIP), 
and prior to the publication of the notice of initiation of an investigation in the Official Gazette mentioned in Article 9.  
Question 2 
 Article 14(3) of the Rules states that interest ed parties participating in an investigation 
"shall have fair opportunities, whenever prac ticable and upon written request, to see 
information related to the investigation. " Has the Gulf Cooperation Council's (GCC) 
authority published procedures concerning when and to whom such written requests are to be directed? 
 
                                               
1 G/ADP/Q1/BHR/9-G/SCM/Q1/BHR/9-G/SG/Q1/BHR/11-G/ADP/Q1/OMN/1-G/SCM/Q1/OMN/1-
G/SG/Q1/OMN/1-G/ADP/Q1/SAU/3-G/SCM/Q1/SAU/3-G/SG/Q1/SAU/5. 
2 G/ADP/N/1/BHR/3/Suppl.1-G/SCM/N/1/BHR/2/Suppl.1-G/SG/N/1/BHR/3/Suppl.1 (dated 
16 February 2016); G/ADP/N/1/OMN/3/Suppl.1-G/SCM/N/ 1/OMN/3/Suppl.1-G/SG/N/1/OMN/3/Suppl.1 (dated 
5 February 2016); and G/ADP/N/1/SAU/2/Suppl.1-G/S CM/N/1/SAU/2/Suppl.1-G/SG/N/1/SAU/2/Suppl.1 
(dated 20 January 2016). G/ADP/Q1/BHR/10 • G/SCM/Q1/BHR/10 • G/SG/Q1/BHR/12 • G/ADP/Q1/OMN/2 • 
G/SCM/Q1/OMN/2 • G/SG/Q1/OMN/2 • G/ADP/Q1/SAU/4 • G/SCM/Q1/SAU/4 • G/SG/Q1/SAU/6 
 
- 2 - 
 
  Reply: 
 
No procedure relating to requests under Article 14(3) has yet been published. However, requests from interested parties regarding access to public files are dealt with during the investigation by 
the investigating authority (TSAIP), and instructions to participants will be provided upon request. 
 Question 3 
 
How does the GCC implement the requirement of Article 6.9 of the Agreement on Implementation of Article VI of the Genera l Agreement on Tariffs and Trade 1994 (AD 
Agreement) and Article 12.8 of the Agreement on Subsidies and Countervailing 
Measures (SCM Agreement) that the author ity inform all interested parties of the 
essential facts under consideration be fore making a final determination? 
 
Reply: 
 
The GCC Technical Secretariat informs all interested parties of the essential facts under 
consideration before making a final determination and does so in sufficient time for the parties to 
defend their interests.  More specifically, reports during the investigation and before reaching final determination are 
made available to all interested parties. All interested parties have the right to comment and 
submit their arguments before a final determination is made, as stated in Article 20 of the Rules.  
Question 4 
 Article 27(5) of the Rules explains that to determine normal value "[w]hen there are no 
sales of the like product in the ordinary cour se of trade in the domestic market of the 
exporting country, or when such sales do not permit a proper comparison because of the 
particular market situation or the low volume of the sales in the domestic market of the 
exporting country, the normal value of the lik e product shall be established on the basis 
of the cost of production in the country of origin plus a reasonable amount for 
administrative selling and general costs as well as for profit margin, or on the basis of 
export price, in the ordinary course of trad e, to an appropriate third country, provided 
that this price is reasonable."  
 How does the authority determine which method  (i.e., costs or sales to a third-country) 
should be used to determine normal value? Could the authority use a mix of the two 
methods? If so, please explain how it wo uld determine the appropriate method for 
determining normal value for va rious products or sales.  
 
Reply: 
 
When there are no sales of the like product in the ordinary course of trade in the domestic market 
of the exporting country, or when such sales do not permit a proper comparison for the reasons 
set forth in Article 27(5) of the Rules, the TSAIP may (in accordance with Article 2.2 of the AD Agreement) base Normal Value either on constructe d value (the cost of production in the country 
of origin plus a reasonable amount for administrative selling and general costs for profit) or on the 
basis of export price, in the ordinary course  of trade, to an appropriate third country. 
 When the conditions of Article 27(5) are met, the TSAIP prefers resorting to constructed normal 
value. However, export price, in the ordinary course of trade to an appropriate third-country, is an 
option. The decision on which method to be used is taken on a case-by-case basis, depending on data and information available. 
 
The authority has not yet determined whether both methods could be used (or "mixed") in a particular case. 
 G/ADP/Q1/BHR/10 • G/SCM/Q1/BHR/10 • G/SG/Q1/BHR/12 • G/ADP/Q1/OMN/2 • 
G/SCM/Q1/OMN/2 • G/SG/Q1/OMN/2 • G/ADP/Q1/SAU/4 • G/SCM/Q1/SAU/4 • G/SG/Q1/SAU/6 
 
- 3 - 
 
  Question 5 
 
Article 31(1)(b)(iii) of the Rule s, pertaining to price effects analysis in antidumping 
investigations, directs the authority to examin e "[w]hether the effect of such imports is 
to prevent price increases, which otherwis e would have occurred, to a significant 
degree." By contrast, Articl e 53(1)(b), pertaining to price effects analysis in 
countervailing duty investigations, directs th e authority to examine whether the imports 
are "[p]reventing the like products prices from increase, which would otherwise have 
occurred, if such imports does [sic] not exists."  
a. Does the different wording (in English) of these provisions indicate that the 
price effects analysis is different in  antidumping investigations than in 
countervailing duty investigations? 
b. If an applicant seeks imposition of  both antidumping and countervailing 
duties on a specific product from an individual country, does the authority 
perform a single injury analysis or  distinct injury analyses for the 
antidumping and countervailing duty investigations? 
c. What is the meaning of the phrase "does not exist" in Article 53(1)(b)? Is the 
authority required to hypothesize that the subsidized imports have exited the 
market? 
 
Reply: 
 
a. There is no different price effects analysis used in Article 31(1)(b)(iii) and 
Article 53(1)(b ) - both antidumping investigations and countervailing duty investigations 
use same price effects analysis.  
b. When an applicant seeks imposition of both  antidumping and countervailing duties, the 
investigating authority performs a single injury analysis. 
c. The phrase " does not exist " is just a matter of wording (in English). The requirements 
of Article 53 of Rules of Implementation of the GCC Common Law are consistent with Article 15 of SCM Agreement. 
 
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