WORLD TRADE  
ORGANIZATION  G/ADP/Q1/HND/2 
G/SCM/Q1/HND/2 4 December 2009 
 
(09-6222) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
 
Replies to the Questions Posed by the UNITED STATES1 
Regarding the Notification of HONDURAS2 
   The following communication, dated 30 November 2009, is being circulated at the request of 
the delegation of Honduras. 
 
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Question 1
 
 
 Article 1 (Definitions) of the Central Ameri can Regulations on Unfair Business Practices  
(hereinafter "Regulations")  notes that interested parties shall be defined in accordance with 
Article 6.11 of the Anti-Dumping Agreement and Article 12.9 of the Subsidies Agreement.  Are 
parties required to register as an "interested pa rty" under Honduran law or practice and, if so, 
what is the time-limit for such registration? 
 Reply
 
  The interested party has every right to express its interest in being included in a procedure 
when it feels it is affected, pursuant to Article 6.11 of the Anti-Dumping Agreement and Article 12.9 
of the Subsidies Agreement.  There is no time-limit for expressing such interest. 
 Question 2
 
 
 Article 12 (Records and access thereto) and Article 13 (Confidentiality) of the 
Regulations  refer to the access that interested parti es may have to the confidential data 
submitted during the proceeding and informatio n compiled by the investigating authority.  
Consistent with Article 6.4 of the Anti-Dumping Agreement and Article 12.3 of the Agreement 
on Subsidies and Countervailing Measures, will the in vestigating authority place in a public file 
and make available to interested parties non-co nfidential summaries of internally generated 
reports such as verification reports and the calc ulations used by the investigating authority in 
determining margins of dumping or the counterva ilable benefit, as the case may be, based on 
confidential information submitted by all other interested parties? 
                                                      
1 G/ADP/Q1/HND/1-G/SCM/Q1/HND/1. 
2 G/ADP/N/1/HND/3- G/SCM/N/1/HND3. G/ADP/Q1/HND/2 
G/SCM/Q1/HND/2 Page 2 
 
 
  Reply
 
  Despite the lack of practice in this field, it is our understanding that the investigating authority 
will grant interested parties access to all th e information on which preliminary and final 
determinations are based, in line with Article 6.4 of the Anti-Dumping Agreement and Article 12.3 of 
the Agreement on Subsidies and Countervailing Measures.  
Question 3
 
 
 Article 17(b) of the Regulations  states that provisional measures may only be applied if 
"there has been an affirmative preliminary determination of dumping or subsidization 
involving material injury, threat of material in jury, serious prejudice to a domestic industry, or 
retardation of the establishment of a domestic  industry".  Similarly, Article 41 of the 
Regulations, concerning collection of duties, stat es that duties can be collected on "dumped or 
subsidized imports that are causing or threateni ng to cause material injury or serious prejudice 
to a domestic industry, or material retardation of the establishment of a domestic industry".  
Please explain how "serious prejudice" to a do mestic industry differs from material injury, 
threat of material injury, or material retardation. 
 
Reply  
 
 Honduras considers the term "material injury" to include both the threat of material injury and 
material retardation of the establishment of a domes tic industry.  The term "serious prejudice to a 
domestic industry" means a significant overall impair ment in the position of a domestic industry. 
 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 authorit ies shall review the need 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 countervailing 
duty, upon request by any interested party which submits positive information substantiating 
the need for a review. 
 
 (a) Please describe the specific requirements for the initiation of an interim review, 
including the information required to substantiate the need for a review. 
 
Reply (a
) 
  Article 40 of the Central American  Regulations  states that a measure can be reviewed at any 
time during its implementation, in line with Article 11 of the Anti-Dumping Agreement and 
Article 21 of the Agreement on Subsidies a nd Countervailing Measures, which set out the 
requirements and information necessary for conducting the review.   G/ADP/Q1/HND/2 
 G/SCM/Q1/HND/2 
 Page 3 
 
 
   (b) In accordance with Article 11.3 of the Anti-Dumping Agreement and Article 
21.3 of the Agreement on Subsidies and Countervailing Measures, prior to the end of the five-year period, will the invest igating authority automatically initiate 
an expiry review, or must an expiry review be requested? 
 
Reply (b
) 
  Pursuant to Article 11.2 of the Anti-Dumpi ng Agreement and Article 21.2 of the Agreement 
on Subsidies and Countervailing Measures, the investig ating authority shall review the need for the 
continued imposition of the duty, where warrante d, on their own initiative or upon request by the 
interested parties.  
 (c) If the review must be requested, which parties can request an expiry review? 
 Reply (c
) 
  It must be requested by the interested par ties, and in particular the domestic industry. 
 
 (d) What procedures will be followe d in conducting an expiry review? 
 Reply (d
) 
  The procedure established in Article 11.3 of the Anti-Dumping Agreement and Article 21.3 of 
the Agreement on Subsidies and Countervailing Measures.  Question 5
 
 
 Article 44 (Publication) of the Regulations  notes that the resolutions regarding the 
initiation of an anti-dumping or countervailing duty investigation 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 the Central American 
Integration System".  
 (a) Please identify the official jour nal in Honduras that will publish these 
notifications. 
 Reply (a
) 
  The Honduran Official Journal, "La Gaceta".  
 (b) Will these resolutions also be made ava ilable online?  If so, please identify the 
relevant website address(es). 
 
Reply (b
) 
  On the official website of the Honduran Mi nistry of Industry and Trade:  www.sic.gob.hn. 
 
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