. /.  WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/KWT/1 
G/SCM/Q1/KWT/1 
G/SG/Q1/KWT/1 
30 September 2011 
 (11-4735) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   English 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 AND 12.6 OF THE AGREEMENTS 
 
Questions Posed by the UNITED STATES 
Regarding the Notification of KUWAIT1 
 
  The following questions, dated 27 September 2011, are being circulated at the request of the 
Delegation of the United States. 
 
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 The United States thanks Kuwait for its notifi cation regarding the Cooperation Council for the 
Arab States of the Gulf (GCC) Common law on Anti-Dumping, Countervailing Measures and 
Safeguards (hereinafter GCC Common Law on AD, CVD and SG ) and poses the following questions: 
 1. Please clarify how the GCC Common Law on AD, CVD and SG  are implemented in Kuwait's 
national laws.  If there is a discrepancy between the GCC Common Law on AD, CVD and SG  and 
Kuwait’s national laws, which law shall prevail? 
2. With regard to Article 3, Definitions, Perm anent Committee (PC) and Article 9, Permanent 
Committee of the GCC Common Law on AD, CVD and SG , could Kuwait please clarify whether this 
Permanent Committee (PC) would be the administering authority for conducting the dumping, 
subsidies or surge of imports investigati ons as well as determining injury under the GCC Common 
Law on AD, CVD and SG ?  If the PC would not be analysing and determining dumping, subsidies or 
surge of imports investigations and injury to th e domestic industry, could Kuwait please clarify which 
entity(ies) would be doing so? 
3. With regard to Article 3, Definitions, Judicial Commission of the GCC Common Law on AD, 
CVD and SG,  could Kuwait please explain the role of the Judicial Commission, how it will be 
established, and what role, if any, the Judicial Commission would play in relation to the appeals process described in Article 11, Protest and Appeal? 
4. With regard to Article 5, Measures of the GCC Common Law on AD, CVD and SG , and in 
light of Members’ obligations under Article VI(1 ) of the General Agreement on Tariffs and Trade 
(GATT) regarding whether imports from one country  "cause or threaten{} material injury to an 
established industry in the territory of a contracting party or materially retard{} the establishment of a 
domestic industry," could Kuwait plea se explain how the standard "cau sed of delay or obstruction to 
GCC industry and there is causal link" in Article  5 is consistent with GATT Article VI(1)? 
                                                      
1 G/ADP/N/1/KWT/1-G/SCM/N/ 1/KWT/1-G/SG/N/1/KWT/1. G/ADP/Q1/KWT/1 
G/SCM/Q1/KWT/1 G/SG/Q1/KWT/1 
Page 2 
  
  5. In Article 7, Implementation of the Common Law and Its Rules of Implementation of the 
GCC Common Law on AD, CVD and SG , Kuwait notes "The ministerial committee, the permanent 
committee and the technical secretariat are each  one within its competence, responsible for 
implementing this Law and its rules of implementation."   
 When will Kuwait notify each committee’s or secretariat’s rules on implementation 
for the relevant portion of the GCC Common Law on AD, CVD and SG  so that 
interested parties better understand the roles and responsibilities of each group, 
including how decisions of each committee or secretariat may be appealed? 
6. With regard to Article 8, Competence of Ministerial Committee and Article 9, Permanent 
Committee of the GCC Common Law on AD, CVD and SG,  are the decisions of the Permanent 
Council and Ministerial Committee final or are decisions made by the Permanent Council and 
Ministerial Committee subject to approval by anothe r entity?  If so, which entity must approve those 
decisions? 
7. With regard to Article 8 of the GCC Common Law on AD, CVD and SG , could Kuwait please 
clarify when all the rules and regulations re ferenced in Article 8 will be promulgated? 
8. Article 11.2, Protest and Appeal of the GCC Common Law on AD, CVD and SG , briefly 
discusses the rights of parties to appeal decisions.  However, it states that "The complaining rejected 
party can appeal to the judicial committee in Me mber States within 30 days from the date of 
notification." 
 Under what laws or regulations will appeals in Member State judicial committees be 
conducted? 
 Do decisions by the judicial committee of a Member State supersede determinations 
by the Ministerial Committee? 
 Does a decision by an individual Member State’s judicial committee apply to AD, 
CVD, and SG practice in all Member States? 
9. With regard to Article 12, Confidentiality of information of the GCC Common Law on AD, 
CVD and SG , could Kuwait please clarify whether confidential treatment of submitted information 
will apply to just the information being submitte d and claimed as confidential or to the entire 
document which may contain partia l confidential information?   
10. With regard to Article 15, Entry into force of the GCC Common Law on AD, CVD and SG , 
please provide the name and date of the official g azette or publication in which Kuwait published this 
law.  If this publication is publicly available on the internet, please provide a website address for the 
publication or gazette. 
11. According to the GCC Common Law on AD, CVD and SG , would an antidumping, 
countervailing duty or safeguard measure apply to im ports into all members of the GCC or may such 
measures be applied to imports into individual members of the GCC? 
 
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