WORLD TRADE  
ORGANIZATION  G/ADP/Q1/MKD/5 
G/SCM/Q1/MKD/5 30 July 2008 
 
(08-3638) 
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 
 
Replies to Questions Posed by the UNITED STATES1  
Regarding the Notification of the FORMER YUGOSLAV REPUBLIC OF MACEDONIA2 
  
 The following communication, dated 21 July 2008, is being circulated at the request of the Delegation of the Former Yugos lav Republic of Macedonia.   
 
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  The United States thanks the Former Yugos lav Republic of Macedonia (FYROM) for its 
notification and poses the following questions with regard to the FYROM Notification of Laws and 
Regulations under Article 18.5 of the WTO Agre ement on Antidumping, Decision on Procedure and 
Method of Determining Anti-dumping Duty (hereinafter Decision ).   
 
Question 1 
 
Paragraph 4 of Article 15 of the Decision  refers to the opportunity for interested parties 
to be heard.  Please define how the Commission defines "interested parties" as provided for in 
Article 6.11 of the Antidumping Agreement.  Plea se also specify the precise time periods within 
an investigation for interested parties to make themselves known, present their views and 
submit information on the record, as provided for in Articles 6.1 and 12.1 of the Antidumping Agreement.   
 
Reply
 
  Article 14, paragraph 2 of the Decision  provides provisions related to "interested parties" 
which should be informed for initiation of the in vestigation:  "The Commission shall advise the 
exporters, importers and the government of the expor ting country, and other interested parties of the 
initiation of the proceedings".  Also, Article 15 para graph 1 refers that "the Commission shall deliver 
a questionnaire to all interested parties considered to  dispose with information and data relevant to the 
investigation, including known domestic producers, e xporters, importers and fo reign producers".  In 
the absence of more detail provisions, the Commi ssion shall fully implement Article 6.11 of 
Antidumping Agreement in defining the "interested parties" in the investigation.   
                                                     
 
1 G/ADP/Q1/MKD/2 - G/SCM/Q1/MKD/2.   
2 G/ADP/N/1/MKD/2.   G/ADP/Q1/MKD/5 
G/SCM/Q1/MKD/5 Page 2 
 
 
  As provided for in Articles 6.1 and 12.1 of the Anti-dumping Agreement, Article 14, 
paragraph 1, indent 4, of the Decision  refers that the  precise time periods  will be stated in  the notice of 
initiation of investigation:  "The notice of initiation of the investigation shall contain:  - the periods 
within which interested parties may make th emselves known, present their views in writing and 
submit information are to be taken in to account during investigation;"   
 
Question 2 
 
Paragraph 4 of Article 19 of the Decision  involves the refund of the difference between 
provisional anti-dumping duties and definitive anti-dumping duties.  Article 9.3 of the 
Antidumping Agreement also discusses the refund of excess duties.  However, Article 9.3 of the 
Antidumping Agreement specifies th at, normally, such a refund will be made within 90 days or, 
if a refund is not made within 90 days, the authorities shall provide an explanation if so requested.  Please explain whether the Decision  intends for refunds to normally be made within 
90 days, and whether an explanation can be obtained if a refund is not made within 90 days.    
Reply
 
  Since the Macedonian Decision  does not provide specific provisions for refund, all provisions 
of Article 9.3 of the Antidumping Agreem ent would be respected and implemented.
   
 
Question 3  
 
Paragraph 4 of Article 23 of the Decision  describes reviews of new exporters.  Please 
explain whether the Decision  intends for reviews of new exporte rs to be initiated and carried out 
on an accelerated basis, pursuant to Arti cle 9.5 of the Antidumping Agreement.   
 
Reply  
  Yes, a review for new exporters shall be initia ted, and carried out on an accelerated basis, 
pursuant to Article 9.5 of the Antidumping Agreement.   
 
Question 4  
 
Article 24 of the Decision  discusses the confidentiality of information submitted into 
evidence.  Please specify how the Commission in tends to comply with the requirements of 
Articles 6.1.2, 6.1.3 and 6.5 of the Antidumping Agreement, regarding the protection of 
confidential information and the sharing of evid ence presented in writing by one party in the 
investigation to other parties in the investigation.    
Reply
 
 
 In cases where the Macedonian legislation does not  provide level of specificity achieved in 
Articles 6.1.2, 6.1.3 and 6.5 Antidumping Agreement, the Commission shall respect and implement all requirements of the above mentioned Ar ticles of the Antidumping Agreement.   
 
Question 5  
 
The Decision  contains no provisions dealing with Article 13 of the Antidumping 
Agreement on judicial review.  Please describe  what opportunities are available to interested 
parties with regard to administrative or judici al review of antidumping proceedings.  Please 
identify the specific laws, regulations, and au thority that would govern such appeals.    G/ADP/Q1/MKD/5 
 G/SCM/Q1/MKD/5 
 Page 3 
 
 
  Reply  
  When interested parties in an  anti-dumping procedure consider that some of their rights or 
particular interest is being violated by the deci sion adopted under the law, they have the right to 
submit a complaint to the Administrative Court of the Republic of Macedonia (administrative 
dispute).  In accordance with the Law on Administ rative Procedures (Official Gazette No. 62/2006), 
the Administrative Court has authority to decide for the legal acts adopted by the Government of the Republic of Macedonia.  The Administrative C ourt of the Republic of Macedonia has been 
established by the Courts Law, as an indepe ndent court which receives and decides upon the 
complaints by the interested parties.  In cases wh ere the judgment for suspension of the decision has 
been adopted by the Administrative Court, inte rested parties may submit request for injury 
compensation to the Basic Court, in accordance with the Courts Law.   
 
Question 6  
 
 Article 20 of the Decision  specifies the contents of decisions to impose provisional or 
final measures.  The items listed do not include the main reasons leading to the determination, 
or, for final measures, reasons for acceptance or rejection of relevant arguments and claims by 
interested parties.  In light of these omissi ons, how does FYROM implement the requirements 
of Articles 12.2.1(v) and 12.2.2 of the Antidumping Agreement?   
 
Reply
 
  Yes, Article 20 relates to the contents of the Decision  as a regulation by the Government of 
the Republic of Macedonia for the imposition of an anti-dumping duty.  Even of the omissions of the 
relevant provisions, Macedonia confirms that the Decision on imposition of an anti-dumping duty  will 
include the main reasons leading to the determinati on, or for final measures, reasons for acceptance or 
rejection of relevant arguments and claims by in terested parties as required by Articles 12.2.1(v) 
and 12.2.2 of the Antidumping Agreement.    
Question 7  
 
 How does FYROM implement the requirement of Article 6.4 of the Antidumping 
Agreement that authorities permit timely oppo rtunities for all interested parties to see all non-
confidential information relevant to the presen tation of their cases that is used by the 
authorities?  The Decision  does not appear to address this matter.   
 
Reply
 
  In all cases where the Decision  does not address some matter, the relevant provisions of 
Antidumping Agreement shall be implemented, in cluding the requirement of Article 6.4.   
 
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