. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/HRV/4 
G/SCM/Q1/HRV/4 16 March 2005 
 
(05-1097) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 
AND ARTICLE 32.6 OF THE AGREEMENTS 
 
Questions Posed by the Eur opean Communities Regarding  
the Notification of Croatia1 
   The following communication, dated 11 March 2005, is being circulated at the request of the 
Delegation of the European Commission. 
 
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Regulation on procedure and method of determ ination of anti-dumping and countervailing duty 
 
1. The EC notes that not all provisions of th e Anti-Dumping Agreement (ADA) have been 
incorporated in the Regulation.  This is the case, for example, of provisions on disclosure, access to 
non-confidential information, non-confidential summa ries and other aspects of Article 6 ADA.  Could 
Croatia please confirm that, even in the absence of a specific provision, all aspects of anti-dumping 
investigations which are not foreseen in the Regula tion, will be dealt with in conformity with the 
ADA. 
2. Article 2 (5) and 2 (7):  Could Croatia please explain the reference to “directly competitive 
products” in these provisions? 
3. Article 2 (8):  The EC notes that the definiti on of related parties ( “commercial connection”) 
does not fully correspond to that set out in footnote  11 of the ADA.  Should the wording “the one or 
the other are directly or indirectly controlled by a third person” be read as “both are directly or 
indirectly controlled by a third person”?  Could Croatia also clarify whether it also applies the 
remaining part of footnote 11 which is not incorporated in Article 2 (8)? 
4. Article 5, paragraph 1:  Would the investigati ng authority of Croatia also accept a lower ratio 
than five per cent where the evidence demonstrates  that domestic sales at such lower ratio are 
nonetheless of sufficient magnitude to provide for a proper comparison, in accordance with footnote 2 
ADA? 
5. Article 10:  Could Croatia please confirm that the constructed export price would only be 
determined on the basis of other available data if the products are not resold to an independent buyer 
or not resold in the condition as impor ted, in accordance with Article 2.3 ADA? 
6. Article 26:  This provision reflects Article 3.4 ADA.  Could Croatia please clarify how it is 
ensured that Article 3.5 ADA is also complied with? 
                                                     
 
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 7. Article 27, third indent:  Would the investiga ting authority of Croatia also examine whether 
the imports would likely increase demands for furt her imports, in accordance with Article 3.7(iii) 
ADA? 
8. Article 28:  Could Croatia please confirm that it will not publicize the application for the 
initiation of an investigation, unless a decision has b een made to initiate an investigation, as required 
by Article 5.5 ADA? 
9. Article 38, last indent:  Could Croatia please clarify whether margins established on the basis 
of facts available would also be ignor ed, in accordance with Article 9.4 ADA? 
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