./.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/PER/26 
G/SCM/Q1/PER/26 12 March 2004 
 
(04-1097) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 AND ARTICLE 32.6 OF THE AGREEMENTS 
 
Questions posed by the UNITED STATES  
Regarding the Notification of PERU1 
   The following communication, dated 11 March 2004, is being circulated at the request of the Delegation of the United States. 
 
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  We note Peru’s statement that it "does not analyze support for or opposition to a petition".  Could Peru please clarify how its response is consiste nt with Article 5.4 ADA and Article 11.4 SCM?  
Is it Peru’s view that Article 5.5 of the ADA and Article 11.5 of the SCM render meaningless 
Article 5.4 of the ADA and Article 11.4 of the SCM,  respectively?  If not, would Peru please describe 
the obligations which it believes are imposed by Ar ticle 5.4 of the ADA and Article 11.4 of the SCM, 
and the actions Peru takes to fulfil those obligations?
 
  
Follow Up To Question 6a:2 
 
 Peru indicates that a party may request a hearing to present its arguments "if this is deemed 
necessary."  The significance of this phrase is unclear .  Will a hearing be gran ted automatically upon 
request, or is the right to request a hearing subject to a judgment of "necessity" by Peruvian officials?  
If the latter, by what standard will such necessity be judged?  Also, what opportunities are parties 
provided to comment on arguments raised by other parties at hearings?  
 Follow Up To Question 8:
2 
 
 In the view of the United States, the application of provisions of Article 29 imposing 
monetary fines on parties to antidumping and count ervailing duty proceedings pursuant to Article 29 
may be inconsistent with several provisions of th e ADA and the SCM.  Does Peru have any plans to 
amend Article 29?  
Follow Up To Question 9:
2 
  In the event that documents are submitted in a language other than Spanish, are interested 
parties required to provide a translation of the en tire document, or merely the relevant sections?  
 
                                                     
 
1 G/ADP/N/1/PER/2 – G/SCM/N/1/PER/2 
2 G/ADP/Q/1/PER/25 – G/SCM/Q1 /PER/25 (2 December 2003) G/ADP/Q1/PER/26 
G/SCM/Q1/PER/26 Page 2 
 
 
 Additional Question:
 
  Articles 37 and 38 discuss access to confidential and non-confidential information.  Are there 
any circumstances under which interested parties may be given access to confidential data and 
information submitted by another party?  Are ther e any circumstances in which interested parties 
would be denied access to non-confidential informa tion?  How is non-confidential information not 
published in the Official Journal, such as the non- confidential version of th e application submitted on 
behalf of the domestic industry, made  available to interested parties? 
 
Additional Question:
 
  Is the document of Essential Facts specified in Article 28 a common document shared with all 
parties?  How does the administering authority di sclose the underlying basis fo r each of its decisions 
and complete details of the margin calculati on for each respondent, without compromising the 
confidentiality of r espondent’s data? 
 
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