G/ADP/Q1/IND/26  
G/SCM/Q1/IND/26  
 
29 September 2017  
(17-5204) Page: 1/2 
Committee on  Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures  
 Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 18.5 OF THE AGREEMENT  
QUESTIONS POSED BY U KRAINE REGARDING   
THE NOTIFICATION OF INDIA1 
 
 
The following communication, dated 26 September 2017, is being circulated at the request of the 
delegation of Ukraine . 
 
_______________  
 
 
Ukraine would like to pose the following questions to India regarding its notifications of laws and 
regulations under Article 18.5 of the WTO Agreement on Implementation of Article VI of the 
GATT  1994 No.  G/ADP/N/1/IND/2/Suppl.8 . 
 
Question 1  
According to the amendments, sub-paragraph (1) of the Paragraph 8 of the Rules stipulates that 
the term "non -market economy country" means any country  which the designated authority 
determines as not operating on market principles of cost or pricing structures and which do not 
reflect the fair value of the merchandise, in accordance with the criteria specified in 
sub-paragraph  (3) of the above -mentioned  Paragraph.  
According to above -mentioned,  would India also clarify if the designated authority 
verifies the country's compliance with criteria specified in sub -paragraph (3) in each 
anti-dumping investigation if not, under which conditions the designated a uthority 
would investigate the issue of market economy?  
 
Question 2  
 
Sub-paragraph (2) of the Paragraph 8 of the Rules contains the presumption, according to which, 
any country that has been determined to be, or has been treated as, a non -market economy 
country for purposes of an anti -dumping investigation by the designated authority or by the 
competent authority of any WTO member country during the three year period preceding the 
investigation is a non -market economy country.  
 
Would India please clarify h ow the designated authority verifies those countries that 
should be treated as non -market according to Indian legislation ? 
 
Question 3  
Sub-paragraph (4) of the Paragraph 8 of the Rules stipulates that notwithstanding anything 
contained in sub -paragraph (2) , the designated authority may treat such country as market 
economy country which, on the basis of the latest detailed evaluation of relevant criteria, which 
includes the criteria specified in sub paragraph (3), has been, by publication of such evaluation in 
a public document, treated or determined to be treated as a market economy country for the 
purposes of anti -dumping investigations, by a country which is a Member of the World Trade 
Organization."  
                                                
1 G/ADP/N/1/IND/2/Suppl.8 . G/ADP/Q1/IND/26 • G/SC M/Q1/IND/26  
 
- 2 - 
 
  Would India please clarify how this part of legislation is implemented in practice? What 
would be the procedure?  
 
Question 4  
 
The provisions of sub -paragraphs (1), (2), (3), (4) of the Paragraph 8 of the Customs tariff 
(Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for 
Determination of Injury) Rules, 1995  contains the presumption of non -market economy treatment 
which can be referred to any country which would result in using of information of surrogate 
country for normal value determination . 
However, the WTO 's rules have  only two very limited exceptions for the substitution of the 
domestic prices with a comparable price from third country.  The first is when the government has 
a complete or substantially complete monopoly of its trade and the second is if where all domesti c 
prices are fixed by the State.  
Would India please clarify how  do the provisions of the above -mentioned 
sub-paragraphs comply with the WTO provisions?  
 
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