G/ADP/Q1/GHA/1  
G/SCM/Q1/GHA/1  
G/SG/Q1/GHA/1  
 
1 October 2020  
(20-6651) Page: 1/2 
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 GHANA1 
The following c ommunication, dated 28 September 2020 , is being circulated at the requ est of the 
delegation of the United States.  
 
_______________  
 
The United States thanks Ghana for its notification of the Ghana International Trade Commission 
Act, 2016 Act 926  (hereinafter "the  International Trade Act"),  and poses the  following questions:  
Question 1  
Section 2, Objects of the Commission, paragraph 2 of the International Trade Act states "… the 
Commission shall be guided by the treaty provisions of the World Trade Organisation and the general 
principles of international trade law." Please clarify what legal authority takes precedence in the 
event of a conflict between the provisions in the International Trade Act and an applicable WTO 
agreement.  
Question 2 
Section 22, Imposition of Special Import Measures, paragraph 4(c) of the International Trade Act  
states that the Commission shall have the power to "review its own findings and determination 
relating to the special import measure." Please explain further w hat types of reviews (e.g., annual 
reviews, clerical or ministerial errors, methodology or practice, mid -term or administrative reviews, 
etc.) the Commission would undertake. Also, how does this power of review work in conjunction with 
Section 43, Review o f Decisions?  
Question 3 
With regard to Section 25, Conduct of Investigations for Imposition of Safeguard Measures, 
paragraph 2(b) of the International Trade Act, please clarify what opportunities, outside of public 
hearings, that interested parties to a safeguard proceeding have to present evidence, facts, and 
statements or submissions for consideration by the Commission? Will the Commission issue a 
questionnaire to interested parties?  
 
1 G/ADP/N/1/GHA/2  - G/SCM/N/1/GHA/2  - G/SG/N/1/GHA/2  (dated 10 December 2019). For the sake of 
efficiency, the United States suggests that committee review for questions 1 -2, and 4 -6 be conducted in the 
Committee on Anti -Dumping Practices, while committee review for question 3 be conducted in the Committee 
on Safeguards.  G/ADP/Q1/GHA/1 • G/SCM/Q1/GHA/1 • G/SG/Q1/GHA/1  
 
- 2 - 
 
  Question 4 
Please clarify whether a summary of the meetings with parti es discussed in Section 42, Conduct of 
Proceedings, paragraph 2 of the International Trade Act will be placed on the public case file for 
interested parties to access.  
Question 5 
Please clarify whether there will be a public case file for antidumping, coun tervailing duty, and 
safeguard proceedings, who will have access to the public case file (e.g., only those entities 
registered as interested parties to the proceeding or anyone interested in the proceeding, including 
the general public), and how those with  access will have access to the public case file (e.g., in -
person or electronic).  
Question 6 
Please clarify whether entities wishing to submit views, attend hearings, or otherwise participate in 
a proceeding under the International Trade Act will be requir ed to register as an interested party to 
the proceeding. If parties will be required to register, please explain the registration process, 
including any associated deadlines or timeframes.  
 
 
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