. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/HND/1 
G/SCM/Q1/HND/1 8 September 2009 
 
(09-4236) 
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 HONDURAS1 
   The following communication, dated 2 September 2009, is being circulated at the request of the Delegation of the United States. 
 
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Question 1
 
  Article 1 (Definitions) of the Central American Regulations on Unfair Business Practices  
(hereinafter "Regulations")  notes that interested parties sh all be defined in accordance with 
Article 6.11 of the Anti-Dumping Agreement and Ar ticle 12.9 of the Subsidies Agreement.  Are 
parties required to register as an "interested party" under Honduran law or practice and, if so, what is 
the time limit for such registration?  
Question 2
 
 
 Article 12 (Records and access thereto) a nd Article 13 (Confid entiality) of the Regulations  
refer to the access that interested parties may ha ve to the confidential data submitted during the 
proceeding and information compiled by the investiga ting authority.  Consistent  with Article 6.4 of 
the Anti-Dumping Agreement and Article 12.3 on the Agreement on Subsidies and Countervailing 
Measures, will the investigating authority place in a public file and make available to interested 
parties non-confidential summaries of internally gene rated reports such as verification reports and the 
calculations used by the investigating author ity in determining margins of dumping or the 
countervailable benefit, as the case may be, based on confidential information submitted by all other 
interested parties? 
 
Question 3  
  Article 17(b) of the Regulations  states that provisional measures may only be app lied if "there 
has been an affirmative preliminary determinati on of dumping or subsidization involving material 
injury, threat of material injury, serious prejudi ce to a domestic industry, or retardation of the 
establishment of a domestic industry."  Similarly, Article 41 of the Regulations, concerning collection 
of duties, states that duties can be collected on " dumped or subsidized imports that are causing or 
threatening to cause material injury or serious prejudi ce to a domestic industry, or material retardation 
of the establishment of a domestic industry."  Please explain how "serious prejudice" to a domestic industry differs from material injury, threat of  material injury, or material retardation. 
                                                     
 
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Question 4
 
  Article 40 (Duration of definitive measures) of the Regulations  states that "[o]nce a measure 
has been adopted, it may be reviewed at any time during its implementation."  Article 11.2 of the 
Anti-Dumping Agreement and Article 21.2 of the Agreement on Subsidies and Countervailing 
Measures state that, authorities shall review the n eed for the continued imposition of the duty, where 
warranted, on their own initiative or, provided that  a reasonable period of time has elapsed since the 
imposition of the definitive anti-dumping or counterva iling duty, upon request by any interested party 
which submits positive information substa ntiating the need for a review.   
 (a) Please describe the specific requirement s for the initiation of an interim review, 
including the information required to su bstantiate the need for a review.   
  (b) In accordance with Article 11.3 of th e Anti-Dumping Agreement and Article 21.3 of 
the Agreement on Subsidies and Countervaili ng Measures,  prior to the end of the 
five-year period, will the investigating au thority automatically initiate an expiry 
review, or must an expiry review be requested?   
  (c) If the review must be requested, which parties can request an expiry review?   
 
 (d) What procedures will be followed in conducting an expiry review? 
 Question 5
 
  Article 44 (Publication) of the Regulations  notes that the resolutions regarding the initiation 
of an anti-dumping or countervailing duty investig ation and the imposition of provisional and/or final 
measures will be published in "the  Official Journal of the relevant State Party and, when being put 
into force, in the Official Journal of th e Central American Integration System."   
  (a) Please identify the official journal in Honduras that will publish these notifications.    
 (b) Will these resolutions also be made av ailable online?  If so, please identify the 
relevant website address(es). 
  
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