WORLD TRADE  
ORGANIZATION  G/ADP/Q1/PAN/7 
G/SCM/Q1/PAN/7 20 October 2008 
 
(08-5022) 
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 
 
Replies to Questions Posed by the United States1 
Regarding the Notification of Panama2 
   The following communication, dated 15 October 2008, is being circulated at the request of the delegation of Panama. 
 
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TITLE II:  UNFAIR TRADING PRACTICES 
 
Question 1
 
 
 The Law states in Article 33, "The decision to initiate an administrative investigation 
shall be communicated to the interested party or parties for a reply within thirty (30) calendar 
days, starting from the receipt of the communicati on or seven (7) calendar days after the date of 
its dispatch or its transmission to the compet ent diplomatic representative of the exporting 
country or countries".  Please confirm whethe r this communication will also include the 
questionnaire.  If not, please indicate when th e questionnaire will typically  be sent to interested 
parties.  Furthermore, please confirm that in an administrative investigation the time-limits for 
providing information shall apply from the date on which correspondence was sent to the 
respondent, not merely to the exporter's Embassy, co nsistent with Articles 6.1 and 12.1 of the 
Anti-Dumping Agreement.  
 
Reply  
  We confirm that the communication will also in clude the questionnaire.  The time-limits for 
providing information shall apply from the date on which correspondence was sent to the respondent, 
consistent with Articles 6.1 and 12.1 of the Anti-Du mping Agreement.  This is provided for not only 
in Article 33 of Decree Law No. 7 of 2006 but also in Article 60 of the Regulation which is to enter 
into force shortly and which will be notified to the WTO in due course.  Question 2
 
 
 Article 34 of the Law states, "[i]f the interested party fails to reply within the prescribed 
time-limit, the investigation shall be pursued on  the basis of the best information available".  
Articles 35 and 38 also address "best informatio n available" and "facts available".  Please 
                                                      
1 G/ADP/Q1/PAN/5-G/SCM/Q1/PAN/5. 
2 G/ADP/N/1/PAN/2-G/SCM/N/ 1/PAN/2-G/SG/N/1/PAN/2. G/ADP/Q1/PAN/7 
G/SCM/Q1/PAN/7 Page 2 
 
 
  explain what is meant by "best information ava ilable" and "facts available", and how they will 
be applied consistent with Article 6.8 a nd Annex II of the Anti-Dumping Agreement. 
 
Reply
 
 
 The terms "best information available" and "facts available" are used as synonyms for the purpose of their application under Article 6.8 and Annex II of the Anti-Dumping Agreement. 
 
Question 3
 
 
 Please describe the time-line of events for an  anti-dumping investigation that ensures a 
proceeding will be completed within the limits specified in Article 5.10 of the Anti-Dumping Agreement. 
 Reply
 
  The time period for anti-dumping investigati ons is one year and the time-limits for 
guaranteeing compliance with this period are provide d for in Decree Law No. 7 of 2006 and also in 
Article 7 of the Regulation to that Decree, which is to enter into force in the near future and will be 
notified to the WTO in due course.  Compliance with  this period is guaranteed by establishing specific 
time-limits for each stage of the investigation, such as transmission of questionnaires, receipt of 
opinions, receipt and examination of evidence, hearings, closing arguments, etc.  
Question 4
 
 
 Please describe the procedures that the admi nistering authority has in place to confirm 
that the Directorate-General of Customs is properly implementing the anti-dumping measure, including ensuring that only in-scope mercha ndise is subjected to the measure and that the 
correct amount of duties is being collected, in accordance with Article 9 of the Anti-Dumping Agreement. 
 Reply
 
  Panama has no anti-dumping measures in force at the present time.  However, effective channels of communication have been established between the Nati onal Customs Authority and the 
investigating authority, which have resulted in  greater and more efficient monitoring of the 
application of anti-dumping measures, since both in stitutions will be responsible for monitoring and 
ensuring enforcement.  In this connection, traini ng has recently been provi ded for the staff of the 
National Customs Authority with respect to anti-dum ping investigations and the application of anti-
dumping measures, in order to enhance knowledge of th at instrument and of the functions entrusted to 
the customs authority.  Question 5
 
 
 Article 41 of the Law states, "[a]fter the hearing, the parties shall be given 
three (3) working days in which to submit written arguments in defence of their interests".  Please describe all of the opportunities that int erested parties will have to defend their interest 
during the course of an anti-dumping proceeding before the authorities, either in writing or 
orally, in accordance with Article 6 of the Anti-Dumping Agreement.  
  G/ADP/Q1/PAN/7 
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  Reply  
  The parties will have ample opportunities to defend their interests.  All interested parties will 
be given ample opportunity to present in writing all evidence which they consider relevant, in 
accordance with Article 6.1 of the Anti-Dumping Ag reement.  Such opportunities, as provided for in 
the Regulation to Decree Law No. 7 which is to enter into force in the near future and will be notified 
to the WTO in due course, will be for written or oral presentation and will be designed so as to be 
exercised throughout the investigation.  For ex ample, mention may be made of the period for 
challenging the questionnaire, by presenting opinions and evidence (Article 86 of the Regulation), the 
period for examination of evidence, (Article 88 of  the Regulation), hearings and closing arguments 
(Article 110 et seq. of the Regulation).  
IV:  ADMINISTRATIVE INVESTIGATIONS 
Question 6
 
 
 Articles 84 and 86 of the Law describe the administrative  files that will be established 
for each administrative investigation, and th e access granted to that file.  Please explain 
generally the types of information that will be pl aced in the file and wh ether that information 
will encompass all information received or ge nerated by the administering authority.  
 Reply
 
  The administrative file for each investigati on will contain all the documentation submitted by 
the parties, as well as documentation compiled ex officio by the investigating authority.  All 
administrative actions shall also be recorded in writi ng and added to the file.  The file will be divided 
into two sections, one of which will contain th e non-confidential information to which all the 
interested parties or their authorized representatives shall have access, while the other one will contain 
confidential information received by the authorit y, to which only the pa rty which submitted the 
information shall have access, this being the conditi on of acceptance by the investigating authority. 
 
Question 7
 
 
 Article 90 of the Law states, "[t]he Ministry shall grant access to the file to interested 
parties and to public or private law entities which, pursuant to international treaties or 
agreements to which the Republic of Panama is a party, may have access to the information". 
 
(a) Please explain how the administering authority will handle confidential 
information as provided for in Article 6.5 of the Anti-Dumping Agreement. 
 
Reply  
  The treatment of confidential information is  governed by Article 53 of the Regulation to 
Decree Law No. 7 of 2006, which will enter into force shortly.  The procedures are consistent with the 
provisions of Article 6.5 of the Anti-Dumping Ag reement and guarantee by means of non-confidential 
summaries that the parties have ample opportunity  to defend themselves in relation to such 
information.  Moreover, the confidential inform ation provided shall be treated as such by the 
investigating authority.  Such information shall not be disclosed without specific permission of the 
party submitting it and shall be included in a confiden tial file, as explained in the reply to Question 6. 
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  (b) When confidential information is subm itted in the course of an anti-dumping 
proceeding, please explain the procedures that the administering authority will 
implement to ensure that non-confidential summaries provide sufficient detail and understanding of this confidential in formation, in accordance with Article 
6.5.1 of the Anti-Dumping Agreement.  
 
Reply
 
  The national legislation, in Article 54 of th e Regulation and Article 86 of Decree Law No. 7 
of 2006, provides that, in cases where parties provid e confidential information, they shall also be 
required to furnish, together with that informa tion, a non-confidential summary thereof, which shall 
have equivalence with the confidential information,  as well as an indication in each instance of the 
information that has been omitted and the reasons fo r such omission.  Such summaries shall be in 
sufficient detail to permit an understanding of th e information concerned by the other interested 
parties. 
 
(c) Please explain the process that will be  used to disclose to interested parties 
information submitted to the administering authority, as well as any decisions or determinations, in accordance with Arti cle 6.4 of the Anti-Dumping Agreement.  
 Reply
 
  Interested parties duly accredited with the inves tigating authority have the opportunity at any 
time to examine all documentation in the admini strative file, except as provided in relation to 
confidential information.  In cases where the processing of copies of information contained in the file 
is required (Article 45 of the Regul ation), the requesting party may s ubmit its request orally or in 
writing to the investigating authority, specifying the folios that are the subject of the request. 
 
(d) Please also explain any limitations placed on access by the public to non-
confidential information submitted to or issued by the administering authority during the course of an anti-dumping proceeding.  
 
Reply
 
  Non-confidential information shall only be av ailable to interested parties and their duly 
accredited representatives, as laid down in Article 45 of  the Regulation to Decree Law No. 7 of 2006. 
 
Question 8
 
  The United States notes that Article 93 of the Law appears to refer to administrative 
appeals.  Please describe the opportunities availabl e to interested parties for administrative or 
judicial review of an anti-dumping proceeding consistent with Article 13 of the Anti-Dumping 
Agreement.  As part of this description, plea se explain the specific statutes, regulations, and 
authority that would govern such appeals.  
 
Reply
 
 
 Once the investigation process has been comp leted and administrative remedies exhausted, 
the parties have the right to appeal resolutions of the competent authority to the Third Chamber of the 
Supreme Court of Justice of the Republic of Panama.  
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