. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/TPKM/5 
G/SCM/Q1/TPKM/5 12 April 2007 
 
(07-1472) 
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 European Communities   
Regarding the Notification of the Separate Customs  
Territory of Taiwan, Penghu, Kinmen, and Matsu1 
  
 The following communication, dated 3 April 2007, is being circulated at the request of the 
Delegation of the European Communities.   
 
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Questions to Chinese Taipei (G/ADP/N/1/TPKM/1/Suppl.1): "T he Regulations Governing the 
Implementation of the Imposition of Countervailing and Anti-Dumping Duties".  
 
Question 1 
 
Article 7.4 (4):  Could Chinese Taipei please clarify which criteria the investigating 
authorities would apply in deciding whether the a pplicant has a good reason for not being able to 
submit the information of the most recent three years relating to the injury to the domestic injury, and 
provide examples? 
Question 2 
Article 16:  Could Chinese Taipei clarify what  type of considerations the investigating 
authority would take into account in assessing th e influence of the case on the overall economic 
interests of the country? 
Question 3 
Article 18 provides that "Where necessary for th e investigation and determination of the case, 
the authorities concerned shall extend the respective period as set forth in the Regulations up to one 
half of the respective period".  Could Chinese Taip ei please explain to what respective period this 
provision refers? 
Question 4 
How is the respect of Articles 8.3 and 8.5 ADA ensured? 
                                                      
1 G/ADP/N/1/TPKM/1/Suppl.1.   G/ADP/Q1/TPKM/5 
G/SCM/Q1/TPKM/5 Page 2 
 
 
  Question 5 
When comparing the amended Regulati ons with their previous version 
(G/ADP/N/1/TPKM/1), the EC notes that many comments made by WTO members on the 
Regulations in their previous version have not been  taken into account.  The EC regrets that Chinese 
Taipei has not used the current  amendment as an opportunity to add or clarify the provisions 
concerned, or to align them with the ADA.  In th e light of this, the EC would like to raise also the 
following questions:   
1. The EC notes that Article 36.2 does not require that the price undercutting, price 
depression or suppression is significant.  Could Chinese Taipei please confirm that Article 
36.2 should nevertheless be understood as requi ring significant price undercutting or price 
depression or suppression, in accordance with Article 3.2 ADA? 
2. Could Chinese Taipei please explain how the application of Article 3.5 ADA is 
ensured? 
3. How is transparency, in particular with  regard to access to the non-confidential file, 
hearings, and disclosure ensured in the absence  of provisions corresponding to Article 6.1.2, 
6.2, 6.3, 6.4 and 6.9 ADA? 
4. Can Chinese Taipei please confirm that prio r agreement of the firm concerned and the 
government of the Member concerned will be sought for an on spot investigation, in 
accordance with Article 6.7 ADA? 
5. Article 34:  Where sampling is applie d, are exporters, producers or importers 
concerned consulted in line  with Article 6.10.1 ADA? 
6. How does Chinese Taipei ensure that provi sion is made for a prompt refund of duties 
paid in excess of the margin of dumpi ng, in accordance with Article 9.3.2 ADA? 
 
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