. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/MKD/2 
G/SCM/Q1/MKD/2 9 April 2008 
 
(08-1621) 
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 the  
FORMER YUGOSLAV REPUBLIC OF MACEDONIA1 
  
 The following communication, dated 7 April 2008, is being circulated at the request of the Delegation of the United States.   
 
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  The United States thanks the Former Yugos lav Republic of Macedonia (FYROM) for its 
notification and poses the following questions with regard to the FYROM Notification of Laws and 
Regulations under Article 18.5 of the WTO Agre ement on Antidumping, Decision on Procedure and 
Method of Determining Anti-dumping Duty (hereinafter Decision ).   
 
Question 1 
 
Paragraph 4 of Article 15 of the Decision  refers to the opportunity for interested parties to be 
heard.  Please define how the Commission defines "int erested parties" as provided for in Article 6.11 
of the Antidumping Agreement.  Please also specify the precise time periods within an investigation 
for interested parties to make themselves known, present their views and submit information on the 
record, as provided for in Articles 6.1 and 12.1 of the Antidumping Agreement.    Question 2  
 
Paragraph 4 of Article 19 of the Decision  involves the refund of the difference between 
provisional anti-dumping duties and definitive anti-dumping duties.  Article 9.3 of the Antidumping Agreement also discusses the refund of excess duti es.  However, Article 9.3 of the Antidumping 
Agreement specifies that, normally, such a refund will be  made within 90 days or, if a refund is not 
made within 90 days, the authorities shall provide an explanation if so requested.  Please explain 
whether the Decision  intends for refunds to normally be made within 90 days, and whether an 
explanation can be obtained if a refund is not made within 90 days.    Question 3  
 
Paragraph 4 of Article 23 of the Decision  describes reviews of new exporters.  Please explain 
whether the Decision  intends for reviews of new exporters to be initiated and carried out on an 
accelerated basis, pursuant to Article 9.5 of the Antidumping Agreement.   
 
                                                     
 
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  Question 4  
 
Article 24 of the Decision  discusses the confidentiality of  information submitted into 
evidence.  Please specify how the Commission intends to comply with the requirements of 
Articles 6.1.2, 6.1.3 and 6.5 of the Antidumping Ag reement, regarding the protection of confidential 
information and the sharing of evidence presented in writing by one party in the investigation to other 
parties in the investigation.   
 
Question 5  
 
The Decision  contains no provisions dealing with Article 13 of the Antidumping Agreement 
on judicial review.  Please describe what opportunities are available to interested parties with regard 
to administrative or judicial review of antidumpi ng proceedings.  Please identify the specific laws, 
regulations, and authority that would govern such appeals.   
 
Question 6  
 
 Article 20 of the Decision  specifies the contents of decisions to impose provisional or final 
measures.  The items listed do not include the main r easons leading to the determination, or, for final 
measures, reasons for acceptance or rejection of relevant arguments and claims by interested parties.  
In light of these omissions, how does FYROM implement the requirements of Articles 12.2.1(v) 
and 12.2.2 of the Antidumping Agreement?    
Question 7  
  How does FYROM implement the requirement of  Article 6.4 of the Antidumping Agreement 
that authorities permit timely opportunities for a ll interested parties to see all non-confidential 
information relevant to the presentation of their cases that is used by  the authorities?  The Decision  
does not appear to address this matter.    
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