G/ADP/Q1/LAO/1  
G/SCM/Q1/LAO/1  
G/SG/Q1/LAO/1  
 
6 October  2020 
(20-6848) Page: 1/5 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION OF LAO PEOPLE 'S DEMOCRATIC REPUBLIC1 
The following communication, dated 2 October 2020, is being circulated at the request of the 
delegation of the United States.  
 
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The United States thanks Lao People 's Democratic Republic for its notifications of the Decree of the 
President of the Lao People 's Democratic Republ ic on the Promulgation of the Law on Safeguards, 
the Resolution of the National Assembly Session on the Adoption of the Law on Safeguards, the Law 
on Anti -dumping and Countervailing Measures, and the Law on Safeguards, and poses the following 
questions:  
Antidumping and Countervailing Measures  
Part 1 Chapter 1 General Provisions  
Question 1  
Article 5.2 of the Law on Anti -Dumping and Countervailing Measures  (hereinafter "AD/CVD Law ") 
indicates that AD and CVD measures shall follow the principles of transparency, objectivity, and 
fairness.  Please describe the approach or practices Lao will take to ensure that its AD and 
CVD actions reflect these principles.  For example, how will case documents and evidence be shared 
with all interested parties?  What p rocesses are in place to ensure decision -making is transparent?  
Part 2 Chapter 1 Dumping  
Question 2 
Article 11 of the AD/CVD Law lists three methods for comparing normal value and export price.  Are 
these listed in order of priority, or are other factors us ed to determine which method will be used to 
compare normal value and export price?  
Question 3 
Please provide or identify the specific regulation which determines the formula alluded to in Article  11 
of AD/CVD Law or explain the expected timeframe for havi ng this regulation in place.  
 
1 G/ADP/N/1/LAO/2  - G/SCM/N/1/LAO/1 and G/SG/N/1/LAO/2 (dated 19 December 2019). For the sake 
of efficiency, the United States suggests that committee review for questions 1 -3 and 5 -21 be conducted in the 
Committee on Anti -Dumping Practices, while committee review for questio n 4 and questions 22 -33 be 
conducted in the Committee on Subsidies and Countervailing Measures and Committee on Safeguards, 
respectively.  G/ADP/Q1/LAO/1 • G/SCM/Q1/LAO/1 • G/SG/Q1/LAO/1  
 
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  Part 2 Chapter 2: Subsidy:  
Question 4 
Under Article 16.3 of the AD/CVD Law, you state that the benefit provided "in the form of equity 
infusion shall be calculated from the amount of actual capital that an enterprise received f rom selling 
shares to a government. " Please provide an explanation as to how this language complies with 
Article  14(a) of the Agreement on Subsidies and Countervailing Measures which states that a 
"government provision of equity capital shall not be consid ered as conferring a benefit, unless the 
investment decision can be regarded as inconsistent with the usual investment practice (including 
for the provision of risk capital) of private investors in the territory of that Member ". 
Part IV Chapter 1 Investiga tion and Investigating Authorities:  
Question 5 
Does the AD/CVD Law authorize the government to initiate an investigation in the absence of a 
petition from the domestic industry?  If so, are the evidentiary requirements for initiation the same 
as those that apply in an investigation initiated based on a petition or application?  
Question 6 
Please explain whether the government of the exporting country will be notified of an application 
prior to initiation, consistent with Article 5.5 of the Agreement on the Implementation of Article VI 
of the General Agreement on Tariffs and Trade 1994 (here inafter "WTO Antidumping Agreement "), 
which requires that the authorities notify the government of the exporting Member concerned after 
receipt of a properly documented application and before proceeding to initiate an investigation.  
Question 7 
How will the  parties on the investigating committee be selected under Article 29 of the Law?  Is there 
any requirement that these individuals avoid conflicts of interest with parties involved in the 
investigation?  
Question 8 
What information will be requested in questi onnaires under Article 30 Paragraph 1 Subpart 3 of the 
AD/CVD Law?  How much time will be given to the parties to respond to initial questionnaires?  
Question 9 
Under Article 31 of the AD/CVD Law, is the Minister of Industry and Commerce permitted to conside r 
anything other than the reported results of the investigation in making their recommendation to the 
government?  Will there be any process by which interested parties may challenge the decision of 
the Minister and Government or any period to comment on th e Minister 's recommendation?  Finally, 
will this decision be released to interested parties and the public?  
Question 10 
Can a cancellation of an investigation under Article 33 of the AD/CVD Law be issued at any point in 
the investigation process?  
Question 11 
Article 33, Paragraph 1, Subpoint 4 allows for the cancellation of an investigation for any "other 
reasons as determined by the Government. " Can you clarify what these reasons might be or provide 
some examples?  Does this allow for cancellation based on t he public interest?  G/ADP/Q1/LAO/1 • G/SCM/Q1/LAO/1 • G/SG/Q1/LAO/1  
 
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  Question 12 
Regarding Article 34 of the AD/CVD Law, what repercussions, if any, are there for parties which 
disclose confidential information without authorization in the course of an investigation?  
Question 13 
Please explain how interested parties are able to access the non -confidential information provided 
to the investigating authority.  
Part V Chapter 2 Application of Provisional Measures  
Question 14 
Will the notification of provisional measures as described under Article 41 of the AD/CVD Law comply 
with the requirements of Article 12.2.1 of the WTO Antidumping Agreement, which requires a public 
notice that sets forth or makes available sufficiently detailed explanations for the preliminary 
determinations on dumping and injury, t he names of suppliers or countries involved, a description 
of the product sufficient for customs purposes, margins and a full explanation of methodology, 
considerations relevant to the injury determination, and the main reasons for the determination?  
Question 15 
Please explain the procedures for interested parties to request an agreement which would eliminate 
dumping or subsidy duties under Articles 44 and 45 of the AD/CVD Law?  
Question 16 
Can an Agreement under Articles 44 and 45 of the AD/CVD Law be established at any time during 
an investigation?  If not, please explain when such an agreement may be established.  Please also 
explain whether such an agreement may be established after measures have been imposed.  
Part V Chapter 3 Application of General Me asures  
Question 17 
Is the National Assembly empowered under Article 47 of the AD/CVD Law to modify the proposed 
measure in any way before voting to implement it?  
Question 18 
What must be included in an acceptable application for refund under article 50 of the AD/CVD Law 
and will this refund include any interest payments for the period of time money was withheld?  Does 
the result of a refund review revise the duty rate in effect?  
Question 19 
Please explain whether the administering authority can revise the ap plicable rate of duty as the 
result of an expiry review or if the result of an expiry review is limited to continuing (or allowing to 
expire) duties at the existing rate.  
Question 20 
Should a party request consideration of decisions made according to Artic les 47, 49, or 50 of the 
AD/CVD Law, what Court or administrative body would hear the case?  What constitutes a complete 
and acceptable application for consideration to the court under Article 52 of the AD/CVD Law?  G/ADP/Q1/LAO/1 • G/SCM/Q1/LAO/1 • G/SG/Q1/LAO/1  
 
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  Part VII Chapter 1 Administration of Anti -dumping and Countervailing Activities  
Question 21 
Articles 59 and 60 of the AD/CVD Law indicate that provincial and municipal authorities have certain 
investigative and implementational rights and duties that overlap with the national authorities ' rights 
and duties. Please explain whether certain rights duties are reserved to provincial and municipal 
authorities.  Also please clarify whether the provincial and municipal authorities will play any role in 
the investigation of dumping or countervailing activiti es. 
Safeguards  
Question 22 
With regard to Article 5 of the Law on Safeguards, please clarify the order of precedence of the 
manner in which the Law on Safeguards would be applied?  That is, if there are conflicts between the 
Law on Safeguards, other federal policies and laws and the international agreements to which 
Lao DPR is a party, which authority holds precedent?  
Question 23 
Article 9 of the Law on Safeguards indicates that details related to the eight listed injury factors and 
the degree of seri ous injury are defined in specific regulations.  Please identify the referenced 
regulations and confirm that they will be notified to the WTO Committee on Safeguards.  
Question 24 
Article 11 of the Law on Safeguards indicates that the Ministry of Industry and Commerce, in 
collaboration with ministries and relevant sectors, shall conduct the investigation of serious injury 
before proposing the application of a safeguard measure.  Article 16 of the Law on Safeguards states, 
"{t}he investigating commit tee shall consist of the investigating authorities, government officials of 
the industry and commerce sector, and other relevant sectoral representatives. " Please clarify 
whether the investigating committee will consist of and/or collaborate with private s ector 
representatives and provide examples of the representatives of relevant sectors that would be 
involved.  
Question 25 
Regarding Article 18 of the Law on Safeguards, please explain how the investigating committee will 
provide the information in the inve stigation report to interested parties for review and comment.  
Question 26 
Please clarify the process by which the Government will decide whether to impose a safeguard 
measure.  That is, describe the entities with decision -making authority and the respectiv e decision -
making processes.  
Question 27 
If, under Article 19 of the Law on Safeguards, the Minister of Industry and Commerce decides to 
terminate an investigation, does that termination need to be approved by the Government?  
Question 28 
Regarding Article 30 of the Law on Safeguards, could the Government or Standing Committee of the 
National Assembly decide not to impose duties despite a recommendation to do so by the Minister 
of Industry and Commerce?  Conversely, could the Government or Standing Committee of the 
National Assembly decide to impose duties if the imposition was not recommended by the Minister 
of Industry and Commerce?  G/ADP/Q1/LAO/1 • G/SCM/Q1/LAO/1 • G/SG/Q1/LAO/1  
 
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  Question 29 
Regarding Article 39 of the Law on Safeguards, what consequences are faced by parties, if any, 
which disclose confi dential information without authorization in the course of a safeguard 
investigation?  
Question 30 
Please clarify whether and how interested parties can appeal decisions made by the Minister of 
Industry and Commerce, the Government, or the Minister of Finan ce of the Standing Committee of 
the National Assembly.  
Question 31 
Please explain how interested parties can request a public hearing to present evidence and 
arguments during the course of a safeguard proceeding.  
Question 32 
Please explain how interested p arties can access the non -confidential information that is provided 
to the investigating authority.  
Question 33 
Please clarify whether/if and how parties can register their interest in a safeguard proceeding with 
the authority and whether there is a time limit to do so.  
 
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