. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/NIC/6 
G/SCM/Q1/NIC/6 20 June 2008 
 
(08-2918) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Responses to Questions Posed by CHILE1 Regarding  
the Notification of NICARAGUA2 
   The following communication, dated 6 June 2008, is being circulated at the request of the 
delegation of Nicaragua. 
 
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Question 1 
 
 It is stated in the third paragraph of Article 19 that " The investigating authority may 
conduct verification visits in other countries as re quired, subject to the agreement of the firms 
concerned … ".  Does this mean that refusal by one of the firms would make it impossible to 
conduct such visits in other countries, thereby impeding the investigation?  Does the term 
"firms concerned" refer exclusively to the firms under investigation or does it also refer to the 
firms requesting the investigation?  
Response
 
  The third paragraph of Article 19 of the Ce ntral American Regulations on Unfair Business 
Practices must not be read in isolation from the Ar ticle's preceding paragraphs, for the investigating 
authority gathers information and examines a nd verifies the latter only where it considers it 
appropriate to do so.  This does not, therefore, im pede the investigation.  Where the investigating 
authority considers verification to be unnecessary, or  if one of the firms subject to verification of 
information refuses its consent, the authority will make  the relevant determinations on the basis of the 
facts available, in accordance with Article 6.8 and Annex II of the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs  and Trade 1994 (WTO Anti-Dumping Agreement), 
which are the substantive and procedural provisions applicable under Articles 2 and 4 of the Central 
American Regulations on Unfair Business Practices.   For the purposes of the third paragraph of Ar ticle 19, the term "firms concerned" is 
understood to mean the firms under investigation and those concerning which the investigating 
authority knows that there is an interest in or th e intention to conduct on-the-spot investigations, in 
accordance with Article 6.7 and Annex I.1 of the Ag reement on Implementation of Article VI of the 
WTO General Agreement on Tariffs and Trade 1994  (WTO Anti-Dumping Agreement), which are 
                                                     
 
1 G/ADP/Q1/NIC/3 – G/SCM/Q1/NIC/3. 
2 G/ADP/N/1/NIC/2 – G/SCM/N/1/NIC/2. G/ADP/Q1/NIC/6 
G/SCM/Q1/NIC/6 Page 2 
 
 
  the substantive and procedural provisions applicab le under Articles 2 and 4 of the Central American 
Regulations on Unfair Business Practices.  
Question 2 
 
 In Chapter III of the notified legislation – Articles 33 and 34 – reference is made to 
provisional and definitive measures that may be  implemented by the States parties.  In this 
connection, as this is a regional procedure (as i ndicated by the title of the chapter), if it is 
decided to apply a measure, can such measure be applied in another State party even though 
the latter is not being affected by injury?  
Response
 
  The regional procedure established in Chapte r III of the Central American Regulations on 
Unfair Business Practices develops the provisions of Article 14 of the WTO Anti-Dumping 
Agreement.  It is important to note that the re gional procedure provides for the application of 
anti-dumping measures on behalf of a third country, as established in Article 14 of the Agreement.  
Consequently, there must be evidence of injury to the domestic industry in the third country – not that 
of the country applying the measure.  
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