. /.  WORLD TRADE  
ORGANIZATION   
G/ADP/Q2/IND/8 
4 April 2012 
 (12-1757) 
Committee on Anti-Dumping Practices Original:   English 
 
 
 
ARTICLE 16.4 OF THE AGREEMENT 
 
Questions Posed by NORWAY Regarding the  
Semi-Annual Report from INDIA1 
  
 The following communication, dated 2 April 2012, is being circulated at the request of the Delegation of Norway. 
 
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Questions A 
 
 WTO document G/ADP/N/216/IND contains India's semi-annual report under the 
Anti-Dumping Agreement (ADA) Article 16.4 for the period 1 January-30 June 2011.  The report 
includes in respect of Norway and caustic soda the information "Final Findings issued on 30.6.2011".  
The Indian "Final Findings" document deposited w ith the Secretariat contains a "recommendation" 
but no information as to what the Indian authorities mi ght have decided.  We presume that there is a 
distinct difference between "final findings" by th e investigating authorities and the decision by the 
appropriate Indian authority on the basis of a final finding.  Norway as an interested party has not 
been informed of any decision taken by Indian authorities. 
  Could India please explain why the "Final Findings" was notified under an obligation concerning final actions, when the "Final Findi ngs" document only contains a recommendation? 
 
 Does India distinguish between recommendations and decisions in respect of the result of 
anti-dumping investigations?   Could India inform Norway of the present status as to the final result of the investigation on 
caustic soda? 
 
Questions B 
 
 Article 16.4 of the ADA stipulates that "Members shall report without delay" to the 
Committee on Anti-Dumping Practices "all preliminary or final anti-dumping actions taken".   
 
 Could India please explain India's pract ice in relation to this obligation? 
  Has India fulfilled its obligation to info rm the Committee on Anti-Dumping Practices without 
delay  of the final outcome of the investigation on ca ustic soda from Norway?  If so, please explain 
your view. 
 
                                                      
1 G/ADP/N/216/IND. G/ADP/Q2/IND/8 
Page 2  
 
  Question C 
 
 We note from WTO document G/ADP/N/223 that Me mbers are invited to submit their annual 
reports for the period 1 July-31 December 2011 not later than 27 February 2012.   
 When could we expect to receive India' s report for the last six months of 2011? 
 
Questions D 
 
 Article 6.9 of the ADA stipulates that "The aut horities shall, before a final determination is 
made inform all interested parties of the essentia l facts under consideration" and "Such disclosure 
should take place in sufficient time for the parties to defend their interests." In this respect we have 
questions regarding the right to respond to the preliminary disclosure and regarding reasonable time 
for providing such responses.  
 What is the minimum time allowed by India to interested parties in order for them to defend 
"their Interest" by providing a response to a preliminary disclosure?    Would in India's view a period for collecting comments from Friday at 7:02 PM (i.e. after business hours) to the following Tuesday at 5:00 PM, i.e. two working days, seem reasonable in this 
respect?  
 
 Does India allow an extension of the time limi t for comments by interested parties as Norway 
requested, or is the practice not to answer such requests, as Norway has experienced? 
  Why did India not provide Norway as an interested party, extended time to respond to the 
preliminary disclosure on caustic soda?  
  Could India please explain how its practice is consistent with Article 6.9 of the ADA?  
 
Questions E 
 
 We note that India according to its most recent notification has introduced antidumping 
measures on caustic soda against a number of countr ies, including China, EU , Indonesia, Iran, Japan, 
Saudi Arabia, Korea, Qatar and USA.   And we have seen the final findings in respect of imports from 
Norway, Thailand and Chinese Taipei.  This is a fairly wide range of countries.  
 
 Has India introduced anti-dumping measures on im ports of caustic soda from all countries 
which have shipped this product to India?    Is it the intention of India to seek antidumpi ng measures on all caustic soda imports, since it 
abolished its actions under the WT O Agreement on Safeguards in 2010? 
 
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  Norway reserves its right to raise further questions related to this investigation. 
 
 
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