. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/NOR/4 
G/SCM/Q1/NOR/4 29 September 2009 
 
(09-4554) 
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 NORWAY1 
   The following communication, dated 28 September 2009, is being circulated at the request of the Delegation of the United States.   
 
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  The United States thanks Norway for its notif ication and poses the following questions with 
regard to Norway's notification of its new Act on Customs Duties and Movement of Goods 
(hereinafter Customs Act ) of 21 December 2007 No. 119 as it relates to Trade Remedy Measures.   
 
Question 1 
 
 Section 10-1(1) includes a third country dumping provision, whereby an anti-dumping 
measure may be implemented at the request of a th ird country where the dumping causes or threatens 
to cause significant injury to an industry in that country.  Does Norway intend to promulgate regulations concerning the procedures for conducti ng a third country dumping investigation?   
 
Question 2 
  The Customs Act refers to material injury findings in Section 10-1(1) for anti-dumping 
investigation and in Section 10-3(1) for countervailing duty investigation, and states that an anti-dumping or countervailing duty measure may be im plemented "if the Ministry determines that 
dumping [or subsidization] has taken place, and that  the dumping [or subsidization] causes significant 
injury to an industry in the customs territory …".   
 
a. Please explain how the concept of "significant injury" conforms to or differs from the 
definition of injury included in footnote 9 of the Antidumping Agreement ("ADA") and 
footnote 45 of the Agreement on Subsidies and Countervailing Measures ("ASCM")?   
 
b. Please identify the factors the Ministry will take into account in making a determination 
of "significant injury".  Please confirm that  these factors satisfy the requirements of 
Articles 3.1, 3.2, 3.4 and 3.5 of the ADA and Articles 15.1, 15.2, 15.4 and 15.5 of the ASCM.   
 
                                                     
 
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  c. Please identify the factors the Ministry considers in making a determination of threat of 
material injury, in accordance with Article 3. 7 of the ADA and Article 15.7 of the ASCM.   
 
Question 3 
 
Paragraph (1) of Sections 12-6 and 12-7 states that the "Ministry may, as a step in preparing a 
case, obtain advice from a specially appointed committ ee, and entrust to other supervisory or control 
authorities to carry out an investigation".    
a. Please describe the likely composition and expected duties and responsibilities of any 
such "specially appointed advisory committee" and any such "other s upervisory or control 
authorities".   
 
b. Would either a "specially appointed comm ittee" or "other supervisory or control 
authority" have the ability to adjust or remand Ministry of Finance determinations?  
Please clarify which authority of the Govern ment would make the final decision to 
impose an anti-dumping or countervailing duty.   
 Question 4 
 
 Section 10-1(8) of the Customs Act states that  the Ministry may make regulations concerning 
anti-dumping measures, and Section 12- 6(4) of the Act states that the Ministry may make regulations 
concerning administrative procedure in anti-dumping investigations.  There are similar provisions 
pertaining to countervailing duty investigations in sec tions 10-3(7) and 12-7(4) of the Customs Act.  
Does the Ministry intend to promulgate such regulations?   
 
Question 5 
 
Please identify the provisions of, and any corresponding revisions or amendments to, the 
Public Administration Act of 1967 or other similar legislation that specifies procedures that govern the conduct of investigations in anti-du mping or anti-subsidy proceedings.   
 
  
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