. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/MEX/20 
G/SCM/Q1/MEX/20 4 June 2007 
 
 
(07-2287) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 AND ARTICLE 32.6 
OF THE AGREEMENTS 
 
Replies to the Questions Posed by CHINA
1 
Regarding the Notification of MEXICO2 
  
 The following communication, dated 25 May 2007, is being circulated at the request of the 
delegation of Mexico.  
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  Question 1
 
 
 Please explain the difference between "best information available" and "facts available" 
(Foreign Trade Act, Article 64)?  Does it imply that the scope of the former is narrower than 
that of the latter?  Could the investigation authority exclude certain facts which are not 
considered to be "best information availa ble"?  If yes, what is the reason? 
 
Reply  
  Mexico considers the two concepts to be equi valent.  In that context, in administrative 
procedures, Mexico uses the best information fro m the universe available, for the reasons set out 
below.   It is our understanding that Article 6.8 of  the Anti-Dumping Agreement provides that 
recourse may be made to the "facts available" in the terms of Annex II thereto.
3  Mexico is of the 
opinion that the provisions of this Annex leave no doubt that what is appropriate is to use the best 
information from the universe available.  In that re gard, we consider Article 6.8 of this Agreement, 
which provides that determinations may be made on the basis of the facts available, to mean that, in 
accordance with Annex II, such determinations must  draw on the best information from the universe 
available.  
                                                     
 
1 G/ADP/Q1/MEX/17 – G/SCM/Q1/MEX/17. 
 
2 G/ADP/N/1/MEX/1/Suppl.4 - G/SCM/N/1/MEX/1/Suppl.3 - G/SG/N/1/MEX/1/Suppl.3. 
 
3 Annex II to the Anti-Dumping Agreement is entitled "BEST INFORMATION AVAILABLE IN 
TERMS OF PARAGRAPH 8 OF ARTICLE 6" and ev en though there is no such Annex to the 
SCM Agreement, we see no reason why a different standard should apply to subsidies. G/ADP/Q1/MEX/20 
G/SCM/Q1/MEX/20 Page 2 
 
 
   This obligation is laid down in the WTO Agre ements and reflected in Mexico's Foreign Trade 
Act.  In support of this, it should be noted th at paragraph 7.238 of the final Panel report in Mexico - 
Beef and Rice  (WT/DS295/R), established the following: 
 
 "7.238 … This effectively prevents the author ity from being able to undertake the inherently 
comparative evaluation of this evidence available in a case at hand that is needed to meet the 
requirement that the facts available to be used are the " best" information that is available .  
This, in our view, requires the authority to use those data which are most appropriate and best 
suited to replace the missing data. ..." (footnote omitted) (underlining added). 
 
 Similarly, paragraph 289 of the Appellate B ody report on this same case (WT/DS295/AB/R) 
states:   "289. … First, the facts to be employed are expected to be the "best information 
available".  …" 
 
Question 2
 
 
 According to Article 93 of Foreign Trade Act, persons who provide false information 
shall be fined by investigation authority.  Please provide examples to illustrate how the 
investigation authority will implement the requi rements provided for in Article 93 with regard 
to the infringement, the injury and losses cau sed, the previous record and the personal and 
economic situation of the offender. 
 
Reply  
 
 Mexico notes that the considerations with rega rd to the seriousness of the infringement, the 
injury and losses caused, the previous record and th e personal and economic situation of the offender 
do not apply in the instance mentioned by China.  In other words, these factors are not taken into 
account when applying fines to persons who provi de false information, given that such cases fall 
under subparagraph III of Article 93 and considerations  with regard to the previous record and the 
personal and economic situa tion of the offender are only applicab le to subparagraph VI of the said 
Article.  
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