WORLD TRADE  
ORGANIZATION  G/ADP/Q1/DOM/5 
G/SCM/Q1/DOM/5 8 September 2009 
 
(09-4267) 
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 the DOMINICAN REPUBLIC1 
   The following communication, dated 2 September 2009, is being circulated at the request of the Delegation of the United States. 
 
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 Question 1
 
 
 Please explain whether the Tax and Administrative Litigation Tribunal, described in 
Articles 13 through 15 of the Implementing Regulations  for Law No. 1-02 on Unfair Trade Practices 
and Safeguard Measures (hereinafter " Regulations "), has the authority to approve, reject or request 
reconsideration of decisions by the Commission for the Regulation of Unfair Trade Practices and 
Safeguards Measures ("Commission").    
Question 2
 
  Articles 11, 42, 77 and 100 of the Regulations  indicate that decisions by the Commission will 
be issued in the form of a resolution that will be  recorded on a medium available to the public.   
 
 (a) Please identify the official journal a nd/or national newspapers which will publish 
resolutions related to anti-dumping and countervailing duty proceedings.   
  (b) Will all resolutions issued by the Commission (e.g., initiation/ termination of 
investigations, preliminary/final determin ations, scope rulings) be published?   
 
 (c) Will these resolutions be also made av ailable online?  If so, please identify the 
relevant website address(es). 
 Question 3
 
 
 Article 18(xxxiii) of the Regulations  indicates that, among others, sales to third parties related 
to an exporter under investigation are not considered to be in the "ordinary course of trade."  Will 
related party sales automatically be considered outsi de the ordinary course of trade and excluded from 
the calculation of normal value, or will related pa rty sales be considered in  instances where they are 
demonstrated to be at comparable prices  to sales to unaffiliated customers?   
                                                      
1 G/ADP/N/1/DOM/3/Suppl.1-G/SCM/N/1/DOM/2/Suppl.1-G/SG/N/1/DOM/2/Suppl.1  G/ADP/Q1/DOM/5 
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  Question 4
 
  A comparison of Articles 29 and 151 of the Regulations  suggests that the Dominican 
Republic has different criteria for cumulation in an ti-dumping investigations than for cumulation in 
countervailing duty investigations.  Article 151 sets forth two sets of criteria for cumulation in 
countervailing duty investigations; Ar ticle 29 includes these and adds an additional criterion set forth 
in subsection (iii) for anti-dumping investigations.     (a) Could the Dominican Republic confirm this understanding? 
 
 (b) If the Dominican Republic simultaneously initiates anti-dumping and countervailing 
duty investigations concerning the same product, would the Commission cumulate 
the imports subject to the countervailing duty investigations with the imports subject 
to the anti-dumping duty i nvestigations, assuming that the other criteria for 
cumulation were satisfied? 
 Question 5
 
  According to Article 39 of the Regulations , the Commission will decide whether or not to 
initiate an anti-dumping investigation within a period of 30 days (which may be extended to 45 days 
under certain circumstances) from the date of receipt of the application.  At what point during this 
time period will the Commission notify the government  of the exporting Member concerned that an 
application has been received, as provided for in  Article 5.5 of the Anti-dumping Agreement and 
Article 11.5 of the Agreement on Subs idies and Countervailing Measures?   
 
Question 6
 
  Article 48 of the Regulations  states that "the parties to the investigation may be given access 
to confidential information subject to authoriza tion by the party that provided it" in anti-dumping 
investigations; Article 176 of the Regulations  contains a similar provisi on applicable to countervailing 
duty investigations.  Does this mean that the Commission uses an administrative protective order 
system such as authorized under note 17 of the An ti-dumping Agreement and note 42 of the Subsidies 
Agreement?  If not, please explain how confidentia l information is protected under the Dominican 
Republic's system.  Question 7
 
 
 Article 50 of the Regulations  states the Commission will send questionnaires to any persons it 
considers may have information relevant to the investigation, including known domestic producers, 
importers, exporters or foreign producers.  Please explain how the Commission will identify the 
parties to receive questionnaires.  
Question 8
 
  Article 63 of the Regulations  states that the Commission may
 make a preliminary 
determination of dumping, injury or threat of inju ry and a causal link.  Similarly, Article 211 of the 
Regulations  states that the Commission may impose provisional countervailing measures if it makes 
an affirmative preliminary determination of s ubsidization, injury and causal link.  Will the 
Commission make it a practice to routinely issue a preliminary determination in its anti-dumping and 
countervailing duty investigations?  If not, please describe the circumstances under which a 
preliminary determination might not be issued.   G/ADP/Q1/DOM/5 
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  Question 9  
  As described in Article 78 of the Regulations , the Commission shall compile an 
administrative file in accordance with which it shall issue the corresponding resolutions.   
 
 (a) Please clarify whether non-confidential summaries of confidential information 
submitted by any given interested party will be  made available to all other interested 
parties in a proceeding.   
 
 (b) Please describe how the Commission w ill ensure that sufficient non-confidential 
summaries are provided to interested parties.   
  (c) Please explain whether non-confidential cas e files are made available to the public 
and, if so, how public files may be accessed  (e.g., public reading room, online).   
 
Question 10
 
  Article 95 of the Regulations states that "anti-dumping duties shall remain in force as long 
and to the extent necessary to counteract dumping whic h is causing injury."  There is no provision in 
the anti-dumping regulations analogous to Article 231 of the Regulations  pertaining to countervailing 
duty orders, which specifically requires sunset revi ews after five years.  How does the Dominican 
Republic implement the requirements of Article  11.3 of the Anti-dumping Agreement concerning 
sunset reviews of anti-dumping measures?  Question 11
 
 
 Article 122 of the Regulations  provides that "small-value grants" will be attributed in full to 
the year of receipt.  How will such "small-value grants" be defined?  Question 12
 
 
 Chapter XIII of the Anti-dumping Regulations  and Chapter XIV of the Countervailing Duty 
Regulations  do not address the procedures the Commission will follow in review proceedings.  How 
does the Dominican Republic implement the requi rements of Article 11.4 of the Anti-dumping 
Agreement and Article 21.4 of the Subsidies Agreem ent concerning evidence and procedure in review 
proceedings? 
 
Question 13  
  Will parties be required to register as an "interested party"?  If so, please explain if any specific time limits are associated with such regi stration and confirm that these requirements will be 
detailed in the notice announcing th e initiation of the proceeding. 
 
 
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