. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/SLV/7 
G/SCM/Q1/SLV/7 11 May 2009 
 
 
(09-2292) 
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 
 
Responses to the Questions Posed by the UNITED STATES
1 
Regarding the Responses of EL SALVADOR2 
   The following communication, dated 5 May 2009, is being circulated at the request of the 
delegation of El Salvador. 
 
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Question 1
 
 
 In response to the United States' question 3(b) regarding who will receive the questionnaires and what time-limits will be impo sed for responding to such questionnaires, 
El Salvador explains that the resolution for the in itiation of an investigation shall indicate the 
time-limit granted to defendants and, where  appropriate, the foreign government or 
governments mentioned, to submit whatever eviden ce they see fit.  However, the response does 
not indicate to whom initial questionnaires will be  issued following a resolution for the initiation 
of an investigation.  Please clarify which parties will be issued a questionnaire and the method by which the questionnaires will be transmitted to these parties. 
 
Response
 
 
 As noted in El Salvador's response to Questi on 3(b), Article 11 states that "… the resolution 
for the initiation of an investigation shall contain determination of the information that is to be 
requested from the "interested parties" in questionn aires and forms …".  Likewise, it was explained in 
the response to Question 2 that th e concept of "interested parties " was defined in Article 1 of the 
Central American Regulations on Unfair Busin ess Practices (hereinafter the "Regulations"). 
 
 As previously explained, the Regulations must be interpreted in conjunction with the 
provisions of the WTO Agreement on Implementati on of Article VI of the General Agreement on 
Tariffs and Trade 1994 (hereinafter the "Anti-Du mping Agreement") and the WTO Agreement on 
Subsidies and Countervailing Measures (hereinafter the "SCM Agreement") in that regard and, as 
indicated in the previous response to Question 3( b), it is understood that questionnaires "… will be 
submitted in accordance with the relevant prov isions of Article 6 of the WTO Anti-Dumping 
Agreement and Article 12 of the WTO Agreemen t on Subsidies and Countervailing Measures", in 
particular footnote 15 and footnote 40, respectively.  
                                                     
 
1 G/ADP/Q1/SLV/6-G/SCM/Q1/SLV/6. 
2 G/ADP/Q1/SLV/5-G/SCM/Q1/SLV/5. G/ADP/Q1/SLV/7 
G/SCM/Q1/SLV/7 Page 2 
 
 
  Question 2
 
 
 In response to the United States' questio n 4 regarding access to non-confidential 
summaries, El Salvador states that "under Arti cle 13 of the Regulations, any interested party 
supplying confidential information is required to  furnish a non-confidential summary that is 
sufficiently explicit for the other interested pa rties to have a clear understanding of the 
information provided". 
 
(a) Please clarify whether this article applies to the investigating authority and whether 
public summaries of confidential documents generated by the investigating authority, 
such as "on the spot investigation" reports , will be made available to the public or to 
interested parties. 
 
Response  
 
 Article 13 and the other provisions of the Regul ations apply to the investigating authority. 
  For the reasons set out in the response by El Salvador to Question 4, in its handling of confidential information, the investigating authority must comply with the provisions of both Article 13 and Article 12 of the Regulations, as well as those of Article 6.4 and 6.5 of the 
WTO Anti-Dumping Agreement. 
 
(b) Please clarify whether non-confidential summaries of confidential information 
submitted by any given interested party will be made available to all other interested 
parties in a proceeding. 
 
Response
 
  The proceeding is governed by the provisions  of the Regulations, specifically the second 
paragraph of Article 12 and the last paragraph of Article 13. 
 (c) Please describe how El Salvador remedies  insufficient non-confidential summaries of 
confidential information and if insuffi cient summaries would be rejected by the 
investigating authority. 
 
Response
 
 
 The investigating authority should proceed in compliance with the provisions specified in the 
response to part (a) of this question.  
(d) May interested parties review the non-conf idential file in other cases to obtain 
information that is relevant to defending their interests? 
 
Response
 
  The provisions of Article 12 of the Regulations will apply in such cases. 
 
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