./.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ZAF/9 
G/SCM/Q1/ZAF/9 22 March 2005 
 
(05-1210) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 AND ARTICLE 32.6 OF THE AGREEMENTS 
 
Replies to Follow-Up Questions Posed by the UNITED STATES1 
Regarding the Notification of SOUTH AFRICA2 
   The following communication, dated 17 March 2005, is being circulated at the request of the Delegation of South Africa. 
 
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Q1. Follow-up to South Africa’s reply to question 1
 
 
(a) Please confirm that ( www.itac.gov.za ) is the International Trade Administration 
Commission’s official website.  Will South Africa’s policy directive documents be made 
available to the public on the Internatio nal Trade Administration Commission’s 
website?  
 Reply
 
  ITAC's website addr ess is www.itac.org.za
.  The policy directives, like all legislation and 
regulations, will be made available on this website. 
 
(b) It is our understanding that these policy di rectives are in the nature of regulations in 
that authorities are obligated to follow th em under South African law.  According to 
WTO document G/ADP/M/26, Minutes of the Regular Meeting, held on 22-23 April 2004, section 2.C (17), “the delegate of South Africa…noted that these [policy directives] were just the same as the WTO agreement”.    In light of this, what is South Africa's timeline for notification of th ese policy directives to the WTO? 
 
Reply
 
  South Africa is in the process of updating its we bsite.  We intend to notify these as soon as 
the domestic process of publication and approval has been completed. 
 
                                                     
 
1 G/ADP/Q1/ZAF/8-G/SCM/Q1/ZAF/8 
2 G/ADP/N/1/ZAF/2–G/SCM/N/1/ZAF/2 G/ADP/Q1/ZAF/9 
G/SCM/Q1/ZAF/9 Page 2 
 
 
 Q2. Follow-up to South Africa’s reply to question 2
 
  What is the timetable for South Africa to promulgate its Countervailing Regulations and subsequently notify such regulations  to the WTO Committee on Subsidies and 
Countervailing Measures?  
 
Reply
 
  The domestic process is underway and the regul ations will be promul gated and notified as 
soon as this process has been completed. 
 
Q3. Follow-up to South Africa’s reply to question 3
 
  If there is a conflict between the relevant WTO Agreement, on the one hand, and 
South African law or regulations, on the other, which one will control under South African law?  
What are the specific sources in South Af rican law that establish this hierarchy? 
 
Reply
 
  The WTO Agreements as such have not been en acted into law in South Africa.  Therefore, 
the ITA Act and Regulations will control under Sout h African domestic law.  However, courts will 
take the agreements into account.  
Q4. Follow-up to South Africa’s reply to question 5
 
 
 Please explain what controls South Africa ha s in its anti-dumping regulations to ensure 
that investigations are normally finalized within  a year in accordance with Article 5.10 of the 
WTO Anti-Dumping Agreement, which states that in vestigations are normally to be completed 
within one year.   
 
Reply  
 
 South Africa's anti-dumping regulations do not contain a legislative requirement for finalization of investigations within one year.  
Q5. Follow-up to South Africa’s reply to question 9 
 
 
 Do South Africa’s policy guidelines consider a preliminary finding of either no dumping 
or no injury to constitute “not sufficient evid ence of either dumping or of injury to justify 
proceeding with the case” as provided for in Article 5.8 of the WTO Anti-Dumping Agreement 
and the comparable provision in Article 11.9 of the WTO Subsidies and Countervailing Measures Agreement?  If not, please explain wh at would be considered as “not sufficient 
evidence” under South African rules.  
 
Reply
 
  Yes. 
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