. /.   WORLD TRADE  
ORGANIZATION  G/ADP/W/482 
23 June 2010 
 
 (10-3442) 
Committee on Anti-Dumping Practices Original:   Spanish 
  
 
ARTICLE 16.4 OF THE AGREEMENT 
 
Reply to the Question Posed by BRAZIL
1 Regarding  
the Semi Annual Report from COSTA RICA2 
 
 
 The following communication, dated 22 June 2010,  is being circulated at the request of the 
delegation of Costa Rica.  
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Question 
 
 Costa Rica's "Semi Annual Report", cont ained in document G/ADP/N/195/CRI of 
9 March 2010, mentions the initiation on 12 June 2009 of an anti-dumping investigation into 
"canned tuna" originating in Brazil.  
 Costa Rica notified the Brazilian Government of the existence of a properly documented 
application, in accordance with Article 5.5 of  the Anti-Dumping Agree ment.  However, Brazil 
has not been informed of the initiation of the investigation by the Costa Rican authorities.  
Neither have the Brazilian authorities been provide d with the full text of the written application 
received from the domestic producers. 
 
 In this case, does Costa Rica consider that  the obligations under Article 6.1.3 of the 
Anti-Dumping Agreement have been met? 
  
Reply
 
  As the administrative file (File No. DD-01-2009)  of this case shows, the decision to initiate 
the investigation was first sent by e-mail to Mr Al ejandro Badilla, an official at the Consulate of 
Brazil in Costa Rica, and then forwarded to the Ambassador of Brazil to Costa Rica, His Excellency 
Mr Hildebranto Tadeo Nascimento Va ladares.  Thus, Costa Rica did comply with the provisions of 
Article 6.1.3 of the Anti-Dumping Agreement.   As regards the text of the application for initia tion of an investigation, it is important to note 
that both the Brazilian Government and the investig ated Brazilian producers and exporters were able 
to mount a proper defence of their interests, which shows that the dispatch of the full text of the 
application on the date indicated at no time nullified or impaired exercise of this right or the other 
guarantees provided in the Anti-Dumping Agreement.  
                                                     
 
1 G/ADP/W/478. 
2 G/ADP/N/195/CRI. G/ADP/W/482 
Page 2  
 
   The measures the Government of Brazil a nd the investigated Brazilian producers and 
exporters took in defence of their interests include:   1. Access to the file on many occasions (as recorded in the administrative file).  
 2. Ample opportunity to submit evidence in the proceedings in question. 
  3. Extensions were granted twice to a llow them time to answer questionnaires. 
  4. At the request of the Brazilian exporters  and producers, a private oral hearing was 
suspended to allow the submission of ar guments concerning the evidence on file.  
The private oral hearing was rescheduled so that the evidence submitted by the 
domestic producers could be dealt with. 
  5. On several occasions use was made of the means of redress available for challenging 
measures taken by the investigating authority. 
  Similarly, from a reading of the brief subm itted by the Government of Brazil it can be 
determined that the latter had sufficient opportunity  to become acquainted with the content of the 
application for an investigation, as is borne  out by the arguments it adduced against the 
documentation and evidence the domestic producers s ubmitted with the application.  Costa Rica is 
therefore of the view that there has been no breach whatsoever of the Brazilian Government's 
procedural rights.  
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