G/ADP/Q1/KNA/1  
G/SCM/Q1/KNA/1  
1 April 2021 
(21-2793) Page: 1/2 
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 ST. KITTS AND NEVIS1 
The following communication, dated and received on 31  March 2021 , is being circulated at the 
request of the Delegation of the United States.  
 
_______________  
 
 
The United States thanks St. Kitts and Nevis for its notification regarding the Saint Christopher and 
Nevis Customs Duties (Dumping and Subsidies) Acts Cap 20.5  (Dumping and Subsidies Law) and 
poses the following questions2: 
Question 1  
Does St . Kitts and Nevis have an administering authority in place to implement this law?  If so, when 
will the administering authority be notified to the Committee on Anti -Dumping Practices and 
Committee on Subsidies and Countervailing Measures, as appropriate?  If St. Kitts and Nevis do es 
not have an administering authority in place, please describe any pl an or intent to develop such an 
authority.  
Question 2  
Does St . Kitts and Nevis have separate regulations in place regarding the initiation and conduct of 
investigations to determine the existence of dumping or subsidization, determination of dumping 
and injury, definition of the domestic industry , and public notice and explanation of the determination 
from the investigation ? If so, when will St . Kitts and Nevis notify such regulations to the Committee 
on Anti -dumping Practices and the Committe e on Subsidies and Countervailing Measures, as 
appropriate?  If St. Kitts and Nevis do es not have such regulations in place, please describe any plan 
or intent to develop and notify such regulations.  
Question 3  
Article 3  of the Dumping and Subsidies Law describes in very general terms cases where customs 
duties may be imposed , including in cases where goods are regarded as being dumped  or subsidized . 
Article 5 of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs 
and Trade 1994 (Agreement on An ti-dumping ) sets forth procedures for the initiation and 
subsequent conduct  of anti -dumping investigations  and Article 6 sets forth provisions rega rding the 
collection of evidence  in such investig ations . Similar articles appear in the WTO Agreement on 
Subsidies and Countervailing Measures  (Articles  11 and 12, respectively ). 
Article 3(1) of the Dumping and Subsidies Law states "[w]here it appears to the Minister " that 
dumping or subsidization is occurring  "he or she may exercise the power conferred on him or her  by 
 
1 G/ADP/N/1/KNA/1 - G/SCM/N/1/KNA/1.  
2 For the sake of efficiency, the United States suggests that committee review for all questions be 
conducted in the Committee on Anti -Dumping Practices.  G/ADP/Q1/KNA/1 • G/SCM/Q1/KNA/1  
- 2 - 
  this Act to impose and vary duties  …". Will this determination be based on the factual record or are 
there other considerations that the Minister may consider based in terms of whether it "appears " 
that dumping or subsidization is occurring?  
Question 4 
Article 5(1) of the Dumping and Subsidies Law states that "[w]here it appears to the Minister that 
relief under this section should be available as respects a duty imposed by an Order under this Act 
(being an Order made to afford protection against dumping) he or she may, if he or she thinks fit, 
in that or a subsequent Order under this Act apply the provisions of this section in relation to the 
duty." Please clarify whether the Minister will make a determination under this provision based solely 
on an application or whether o ther considerations may be taken into account.  
 
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