./.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/HRV/5 
G/SCM/Q1/HRV/5 21 March 2005 
 
(05-1160) 
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 CROATIA1 
   The following communication, dated 17 March 2005, is being circulated at the request of the 
Delegation of the United States. 
 
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  The United States thanks Croatia for the notif ication of its anti-dumping and countervailing 
duty regulations.  
Q1. Croatia’s notified regulations state that notices and decisions regarding anti-dumping and 
countervailing duty investigations w ill be published in the “Official Gazette”.  Is this publication 
available on the internet?  If so, please provide the internet address.  
Q2. Please explain how Croatia’s notified regulations  implement the requirements of Article 6 of 
the Agreement on Implementation of Article VI of  the General Agreement on Tariffs and Trade 1994 
(ADA) and Article 12 of the Agreement on Subsid ies and Countervailing Measures (ASCM) with 
regard to the treatment of confidential inform ation and provision of non-confidential summaries. 
 Q3. As described in Article 13 of the ADA and Article 23 of the ASCM “[e]ach Member whose 
national legislation contains provi sions on anti-dumping measures shall maintain judicial, arbitral or 
administrative tribunals or procedures for the purpose, inter alia , of the prompt review of 
administrative actions relating to final determinat ions and reviews of dete rminations within the 
meaning of Article 11.”  Does Croatia currently ha ve such tribunals or procedures for review of 
antidumping and countervailing duty de terminations?  If so, please describe the steps parties must 
take to request judicial review of antidumping and countervailing duty determ inations, and the steps 
Croatia has taken to ensure the independence of  the relevant tribunals or procedures from the 
authorities responsible for such determinations.   Q4. Article 31 of the notified regulations states th at “[d]uring the investigation all the interested 
parties shall have the opportunity to defend thei r own interests by presenting the opposing views and 
offering rebuttal arguments.”  What steps will Croatia’s implementing auth ority take to ensure that all 
interested parties are provided timely access to all non-c onfidential information that is relevant to the 
presentation of their cases, as specified in Article 6.4 of the ADA and Article 12.3 of the ASCM?  
                                                     
 
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 Q5. Article 38 of the notified regulations provides that, where the large number of producers or exporters makes it impracticable to determine an  individual countervaili ng duty rate for each known 
producer or exporter, the Ministry may conduct a limited investigation based on a statistically 
representative sample group of producers or exporters .  With regard to any exporter or producer 
subject to the countervailing duties but not actually investigated in the co urse of such a limited 
investigation, please clarify whether the Regula tion provides the opportuni ty for a subsequent 
expedited review to establish an individual count ervailing duty rate, as required under Article 19.3 of 
the ASCM.  Is such an opportunity being pr ovided under the “summary procedure” described under 
Article 43 of the regulations? 
 
Q6. Article 3.2 of the ADA and Article 15.2 of the ASCM state that in examining price effects, authorities should consider whether there is price undercutting by the dumped or subsidized imports 
as compared with the like product, or whether the effect of the imports is to depress prices to a significant degree or to prevent price increases to a significant degree.   
 
 (a) Article 25 of the notified regulations stat es that the Croatian authority should examine 
restriction of price increases in its analysis, but does not require that these restrictions be significant.  How is this consistent w ith Article 3.2 of the ADA and Article 15.2 of 
the ASCM? 
 
 (b) Article 25 of the notified regulations do es not require consideration of whether there 
is significant price depression.  How is this consistent with Article 3.2 of the ADA and Article 15.2 of the ASCM? 
 Q7. Article 3.7 of the ADA and Article 15.7 of the ASCM state that, in analyzing threat of 
material injury, authorities must determine that further dumped or subsidized imports “are imminent, 
and, unless prohibitive action is taken, material injury would occur”.  How does Croatia implement 
this requirement, which is not reflected in Article 27 of the notified regulations? 
 
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