WORLD TRADE  
ORGANIZATION  G/ADP/Q1/EGY/8 
G/SCM/Q1/EGY/8 
G/SG/Q1/EGY/4 
27 April 2009 
 (09-1987) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   English 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the UNITED STATES
1 
Regarding the Notification of EGYPT2 
 
 
 The following communication, dated 20 April 2009, is being circulated at the request of the 
Delegation of Egypt.   
 
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Article 56 
 
Question 1  
Please describe what the Investigating Author ity considers to be "a reasonable period of 
time" in which to initiate an expiry review before the expiration of an anti-dumping measure.   
 
Reply
 
  The concept of "a reasonable period of time" that is set forth in the amended Article 56 has 
been transposed from Article 11.3 of the Agreem ent on Implementation of Article VI of GATT 1994 
(hereinafter referred to as the "Anti-Dumping Agre ement").  Under this Article, the Investigating 
Authority will make certain that an expiry review is initiated sufficiently in advance so as to ensure 
that all interested parties are notified of the initiati on prior to the expected date of expiry of the anti-
dumping measures.    
Question 2  
 
Please clarify if the initiation and completion  of an expiry review, with the potential 
continuation of a measure, also applies to countervailing duty measures.  ( see Article 68). 
                                                     
 
1 G/ADP/Q1/EGY/7- G/SCM/Q1/EGY/7- G/SG/Q1/EGY/3.   
2 G/ADP/N/1/EGY/2/Rev.1/Suppl.1-G/SCM/N/1/EGY/2/Rev.1/Suppl.1-G/SG/N/1/EGY/2/Suppl.1 G/ADP/Q1/EGY/8 
G/SCM/Q1/EGY/8 G/SG/Q1/EGY/4 
Page 2 
  
  Reply
 
  The amendments to the Executive Regulation of Law No. 161/1998, which were introduced 
by the Decree No. 569 of the Year, which became effective as of 30 June 2008, primarily concern 
anti-dumping proceedings.  The Ministry of Trade and Industry is currently reviewing the Executive 
Regulation of Law 161/1998 and may decide to amend,  amongst others, the part concerning subsidies 
and countervailing measures.    Question 3  
 
Please explain if anti-dumping and counterva iling duties collected after the expiration 
date of a measure will be refunded should the In vestigating Authority decide to terminate a 
measure as the result of an expiry revie w after the end of the five-year period. 
 
Reply
 
  The amended Article 56 does not provide for an  automatic system of refund of anti-dumping 
duties collected after the expected date of expi ry of the anti-dumping measures, where these are 
terminated.  Article 78, which was not amended, contains similar provi sions for countervailing duties.   
 
Article 92 
 
Question 1  
 
Please describe the procedures and investigativ e process which would be undertaken by 
the Investigating Authority to determine wheth er circumvention of an existing measure is 
taking place.   
 
Reply
 
 
 If the Investigating Authority is provided w ith evidence that circumvention of an existing 
measure is taking place and that remedial effects of the measure are being undermined, it initiates an anti-circumvention investigation.  During an anti-ci rcumvention investigation,  all interested parties 
are provided with ample opportunity to present a ll evidence and arguments which they consider 
relevant with respect to the investigation in question.   
 
Question 2  
 
Please explain what type of notification the Investigative Authority would provide to 
interested parties in these circumstances to ensu re that they have sufficient opportunity to 
provide information and arguments for the consideration of the Investigating Authority. 
 
Reply
 
  Interested parties are notified of the initiation of an investigation.  Provided that they cooperate with the Investigating Authority, they ar e kept informed of the investigative process and 
have the opportunity to present all evidence and ar guments which they consider relevant to the 
Investigating Authority before a final determin ation is made.  The specific deadlines for the 
submission of information and/or comments to th e Investigating Authority and for requesting a 
hearing are set forth in the notice of initiation.     G/ADP/Q1/EGY/8 
 G/SCM/Q1/EGY/8 
 G/SG/Q1/EGY/4 
 Page 3 
  
  ARTICLE 3 
 
Former Article 17 
 
Question 1  
 
When referring to the revocation of Article 17 from Egypt's regulations, please explain 
what specific deadlines will be imposed by the Investigating Authority when considering an 
application for initiation, in addition to presen ting an application to the Minister for approval. 
 
Reply
 
  The Investigating Authority and the Advisory  Committee are subject to internal indicative 
deadlines when considering an application and maki ng recommendations to the Minister of Trade and 
Industry regarding the possible initiation of an investigation.    
Former Article 31 
 
Question 1  
 
When referring to the revocation of Article 31 from Egypt's regulations, please clarify 
what specific deadlines will be imposed on the Inv estigating Authority to complete its report on 
injurious practice. 
 Reply
 
  The Investigating Authority is subject to an in ternal indicative deadline to complete its report 
on injurious practice.  In all investigations, the I nvestigating Authority issues a report setting forth the 
essential facts which form a basis for its conclusion s in line with Article 6.9 of the Anti-Dumping 
Agreement or Article 12.8 of the Agreement on Subsidies and Countervailing Measures (hereinafter 
referred to as the "SCM Agreement").  The I nvestigating Authority completes anti-dumping and 
countervailing investigations within the deadlines  set forth in Article 5.10 of the Anti-Dumping 
Agreement and Article 11.11 of the SCM Agreement respectively.     
 
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