. /.   WORLD TRADE  
ORGANIZATION  TN/RL/GEN/124 
24 April 2006 
 (06-1880) 
Negotiating Group on Rules Original:   English 
  
PROPOSAL ON PROCEDURE OF PROVIDING 
NON-CONFIDENTIAL APPLICATION  
 
Communication from Japan
 
 
 
 The following communication, dated 20 April 2006,  is being circulated at the request of the 
Delegation of Japan.  
 The submitting delegation has requested that th is paper, which was submitted to the Rules 
Negotiating Group as an informal document (JOB(06)/ 107), also be circulated as a formal document. 
 
_______________ 
 
Explanation: 
  
In current practice, some authorities do not pr ovide a copy of the application for an anti-
dumping investigation (ADA Article 5.1) until after the investigation is initiated.   
 
However, the information contained in the a pplication may be factually incorrect.  ADA 
Article 5.3 requires authorities to “examine the accu racy and adequacy of the evidence provided in the 
application to determine whether there is suffi cient evidence to justify the initiation of an 
investigation.”  However, authorities may lack the sources of information needed to make a thorough 
examination on the accuracy/adequacy of the evidence in the application.  Exporters in the subject 
country might be in a position to provide useful in formation to the authorities on key issues regarding 
the application.  If exporters had the ability to provide authorities with accurate, substantiated 
information on these issues, this could help the aut horities to examine the accura cy of the information 
in the application and thus to avoid the initiati on of anti-dumping investigations on the basis of 
unfounded or erroneous  applications.   
 On the other hand, this does not necessarily mean  that the authorities have to accept and take 
into account the information that is  provided by the exporters before the initiation. It would merely 
open a reasonable possibility to help the authorities with useful information. 
 
Thus, we believe that this strikes an appropriate  balance between the interests of the exporters 
and producers, and to take into account of the time limits and other constraints faced by authorities.  
This proposal would not impose any burden on the authorities.  It would only require the authorities to 
provide the non-confidential version of the appli cation to the government of the exporting Member.  
The government in turn may provide the applicati on to the exporters and producers identified in the 
application, and to others who may be subject to the potential investigation.  
 We do not believe this procedur e would have any “chilling” effect on trade, so long as the 
application is provided from the authorities only to the government of the exporting country and the 
exporters, and not publicized to the wider public.  In  any event, prevention of any such chilling effect 
and providing an adequate opport unity to defend against allegati ons of injurious dumping are both TN/RL/GEN/124 
Page 2  
 
  protections intended for exporters and producers, and should be balanced with the interests of 
exporters and producers in mind.   Proposals:  
 
Amend Articles 5.5 and 6.1.3 as follows: 
 
5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any 
publicizing of the application for the initiation of an investigation.  However, within [7] days
 after 
receipt of a properly documented application and before proceeding to initiate an investigation , the 
authorities shall notify and provide the full text of  such application received under paragraph 1 to the 
government of the exporting Member concerned, wh ich may make it available to the exporters and 
foreign producers and relevant trade associations  known to the government of the exporting Member 
concerned.1  Due regard shall be paid to the requi rement for the protection of confidential 
information, as provided for in paragraph 5 of Article 6.  
 
6.1.3 As soon as an investigation has been initiated,  the authorities shall provide the full text of the 
written application received under paragra ph 1 of Article 5 to the known exporters2 and to the 
authorities of the exporting Member and shall make it available,  upon request, to other interested 
parties involved.  Due regard shall be paid to the requirement for the protection of confidential 
information, as provided for in paragraph 5.  
__________ 
 
  
                                                     
 
1 New footnote:  This shall not preclude the authorities from providing the full text of such application 
directly to the known exporters and foreign producers and relevant trade associations, in addition to providing it 
to the government of the exporting Member.  
2 Existing footnote 16:  It being understood that, where the number of exporters and foreign producers  
involved is particularly high, the fu ll text of the written application should  may instead be provided to the 
authorities of the exporting Member  or the relevant trade association or the authorities may notify to the 
government of the exporting Member that the full text of the written application cannot be provided to the 
exporters and foreign producers because of such high number .