. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/PAN/5 
G/SCM/Q1/PAN/5 11 April 2007 
 
(07-1454) 
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 Panama1 
 
  The following communication, dated 4 April 2007, is being circulated at the request of the Delegation of the United States.   
 
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TITLE II:  UNFAIR TRADING PRACTICES 
1. The Law states in Article 33, "The decision to in itiate an administrative investigation shall be 
communicated to the interested party or parties  for a reply within thirty (30) calendar days, starting 
from the receipt of the communication or seven (7) cale ndar days after the date of its dispatch or its 
transmission to the competent diplomatic representa tive of the exporting country or countries".  Please 
confirm whether this communication will also include  the questionnaire.  If not, please indicate when 
the questionnaire will typically be sent to interested  parties.  Furthermore, please confirm that in an 
administrative investigation the time limits for prov iding information shall apply from the date on 
which correspondence was sent to the respondent, not merely to the exporter’s  Embassy, consistent 
with Articles 6.1 and 12.1 of the Antidumping Agreement. 
2. Article 34 of the Law states, "[i]f the interest ed party fails to reply within the prescribed 
time-limit, the investigation shall be pursued on the basis of the best information available".  Articles 
35 and 38 also address "best information available"  and "facts available".  Please explain what is 
meant by "best information available" and "facts ava ilable", and how they will  be applied consistent 
with Article 6.8 and Annex II of the Antidumping Agreement. 
3. Please describe the timeline of events for an  antidumping investigation that ensures a 
proceeding will be completed within the limits specified in Article 5.10 of the Antidumping 
Agreement. 
4. Please describe the procedures that the administer ing authority has in place to confirm that the 
Directorate-General of Customs is properly im plementing the antidumping measure, including 
ensuring that only in-scope merchandise is subjected to the measure and that the correct amount of duties is being collected, in accordance with  Article 9 of the Antidumping Agreement. 
5. Article 41 of the Law states, "[a]fter the heari ng, the parties shall be given three (3) working 
days in which to submit written arguments in defen ce of their interests".  Please describe all of the 
                                                     
 
1 G/ADP/N/1/PAN/2;  G/SCM/N/1/PAN/2;  G/SG/N/1/PAN/2.   G/ADP/Q1/PAN/5 
G/SCM/Q1/PAN/5 Page 2 
 
 
  opportunities that interested parties will have to  defend their interest during the course of an 
antidumping proceeding before the authorities, either in writing or orally, in accordance with Article 6 
of the Antidumping Agreement.  
TITLE IV:  ADMINISTRATIVE INVESTIGATIONS 
6. Articles 84 and 86 of the Law describe the Admini strative files that w ill be established for 
each administrative investigation, and the access gran ted to that file.  Please explain generally the 
types of information that will be placed in the f ile and whether that information will encompass all 
information received or generated by the administering authority.   
7. Article 90 of the Law states, "[t]he Ministry sha ll grant access to the file to interested parties 
and to public or private law entities which, pursuant to international treaties or agreements to which 
the Republic of Panama is a party, may have access to the information".   
(a) Please explain how the administering author ity will handle confidential information 
as provided for in Article 6.5 of the Antidumping Agreement.   
(b) When confidential information is submitted in the course of an antidumping 
proceeding, please explain the procedures that the administering authority will implement to 
ensure that non-confidential summaries provide  sufficient detail a nd understanding of this 
confidential information, in accordance with Ar ticle 6.5.1 of the Antidumping Agreement.   
(c) Please explain the process that will be u sed to disclose to interested parties 
information submitted to the administering authority, as well as any decisions or determinations, in accordance with Article 6.4 of the Antidumping Agreement.   
(d) Please also explain any limitations placed on access by the public to non-confidential 
information submitted to or issued by the administering authority during the course of an antidumping proceeding. 
8. The United States notes that Article 93 of the Law appears to refer to administrative appeals. 
Please describe the opportunities available to interested  parties for administrative or judicial review of 
an antidumping proceeding consistent with Article 13 of the Antidumping Agreement.  As part of this 
description, please explain the specific statutes, regulations, and authority that  would govern such 
appeals. 
 
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