. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/USA/26 
G/SCM/Q1/USA/26 23 April 2008 
 
(08-1936) 
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 
 
Replies to Questions Posed by CHINA1  
Regarding the Notification of the UNITED STATES2 
  
 The following communication, dated 21 April 2008,  is being circulated at the request of the 
Delegation of the United States.   
 
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 Question 1   Could the United States explain why the determination made by the administering 
authority under subparagraph (A) shall not be subject to judicial review?    
Reply
 
 
 United States law, specifically, section 516A of the Tariff Act of 1930, as amended ("the 
Act"), provides for judicial review of final de terminations by the administering authority in 
antidumping and countervailing duty proceedings.  See  19 U.S.C. § 1516(a).  This provision of 
judicial review satisfies the US obligations under Article 13 of the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs a nd Trade 1994 (the "Antidumping Agreement"), and 
Article 23 of the Agreement on Subsidies and C ountervailing Duties (the "SCM Agreement").  
Pursuant to section 771(18)(D) of the Act, the specific decision as to whether or not a country is a non 
market economy is not subject to judicial re view in an antidumping or countervailing duty 
investigation.  The legislative history of this provision does not address why the provision is not 
subject to judicial review.    
Question 2 
 
 Has the United States notified the Committee on ADP and/or the Committee on SCM any changes in its laws and regulations relevant to the AD and SCM Agreements?   
 
Reply
 
 
 Yes, the United States has notified, and will continue to notify, the WTO of changes in its 
laws and regulations, consistent with Article 18.5 of the Antidumpi ng Agreement and Article 32.6 of 
the SCM Agreement.  See , e.g. , G/ADP/N/1/USA/1/Suppl.7 - G/SCM/N/USA/1/Suppl.7;  
                                                      
1 G/ADP/Q1/USA/25 – G/SCM/Q1/USA/25.   
2 G/ADP/N/1/USA/1 – G/ SCM/N/1/USA/1.   G/ADP/Q1/USA/26 
G/SCM/Q1/USA/26 Page 2 
 
 
  G/ADP/N/1/USA/1/Suppl.6 - G/SCM/N/1/USA/1/Suppl.6;  G/ADP/N/1/USA/1/Suppl.5 - 
G/SCM/N/1/USA/1/Suppl.5;  etc.    
Question 3 
 
 Does the United States consider systematic change in practice, such as applying its 
countervailing duty law to so-called "non-market economies" or those listed in policy bulletins 
to be part of this notification obligation?   
 
Reply
 
 
 Article 18.5 of the Antidumping Agreement a nd Article 32.6 of the SCM Agreement state 
that, "[e]ach Member shall inform the Committee of any changes in its laws and regulations relevant 
to this Agreement and in the administration of such laws and regulations".  Ac cordingly, only changes 
in a Member's laws and regulations relevant to the Agreements or in the administration of such laws 
and regulations are part of the notification obligat ion, not changes in an administering authority's 
administrative practice.  Moreover, there is no obligation for WTO members to notify "policy bulletins" that reflect administrative practice.    
Where the United States has changed its administra tion of such laws, those changes have been 
notified appropriately.  For example, in August 2007 , the United States notified certain provisions of 
the Pension Protection Act of 2006 to the WTO.  The Pension Protection Act of 2006 temporarily 
suspended section 751(a)(2)(B)(iii) of the Tariff Act of 1930, as amended ("the Act"), for a set period 
of time, thereby changing the administration of sec tion 751(a)(2)(B)(iii) of the Act, which is a law 
relevant to the ADP.  See
 G/ADP/N/1/USA/1/Suppl.7 - G/SCM/N/1/USA/1/Suppl.7 
(10 August 2007).   
   
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