./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/EGY/4
G/SCM/Q1/EGY/4
13 April 1999
(99-1474)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by UNITED STATES
Regarding the Notification of EGYPT1
The following communication, dated 8 April 1999, has been received from the Permanent
Mission of the United States.
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1. Is the definition of “Domestic Industry” in Article 1 of the Egyptian Regulations consistent
with Article 4.1 of the AD Agreement and Article 16 of the SCM Agreement?  The AD and SCM
Agreements provide that “‘domestic industry’ shall be interpreted as referring to the domestic
producers as a whole of the like products or to thos e of them whose collective output of the products
constitutes a major proportion of the total domestic production of those products.” (emphasis added).
The Egyptian Regulations define “Domestic Industry” as “the Egyptian producers of the like productwhose collective output represents a major proportion of the domestic production of that product.”
The Egyptian Regulations omit the reference to the “domestic producers as a whole.”
2. Is there any provision in the Egyptian Regulations for excluding “related parties” from the
definition of the domestic industry?  See  AD Agreement Article 4.1(i) and SCM Agreement
Article 16.1.  If so, under what circumstances may they be excluded?
3. Articles 39(1)(c) and 61(1)(c) of the Egyptian Regulations specify that the Investigating
Authority shall consider whether the effect of impor ts “is to prevent price increases which otherwise
would have occurred.”  Article 39(1)(c) does not specify that price suppression be found to be
occurring "to a significant degree" -- as required by Article 3.2 of the AD Agreement and Article 15.2
of the SCM Agreement.  How does Article 39 of the Egyptian Regulations include this requirement ofthe AD and SCM Agreements?
4. Articles 40(4) and 62(4) of the Egyptian Regulations instruct the Investigating Authority to
consider (in connection with determining whether there is a threat of injury) the “existence of
significant export capacity . . . of the product in question in the exporting companies.”  Article 3.7(ii)of the AD Agreement and Article 15.7(iii) of the SCM Agreement specify that Members should, when
considering excess capacity, “[take] into account the av ailability of other export markets to absorb any
additional exports.”  Do Articles 40(4) and 62(4) contemplate a consideration of the availability of
other export markets, and if not, how are they consistent with the AD and SCM Agreements in this
regard?
5. Article 22 of the Egyptian Regulations omits the date of initiation of the investigation from
the list of information which is to be included in the notice of initiation of an investigation published
                                                     
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in the Official Gazette.  How is this consistent with AD Agreement Article 12.1.1 and SCM
Agreement Article 22.2?
6. AD Agreement Article 12.2 and SCM Agreement Article 22.3 require that public notice be
given of preliminary and final determinations, of any decision to accept an undertaking, of the
termination of such an undertaking, and of the termination of a definitive anti-dumping or
countervailing duty.  The AD and SCM Agreements pr ovisions also specify certain information which
such notices should contain.  How do the Egyptian Law and Regulations incorporate these
requirements?
7. What type of tribunal will hear the appeals of decisions involving anti-dumping and
countervailing duty decisions? What type of procedural mechanisms are in place for an appeal?
8. Please describe whether and how the appellate tribunal(s) are independent from the
authorities responsible for the anti-dumping or countervailing duty determination or review that is
subject to appeal as required by Article 13 of the AD Agreement and Article 23 of the SCMAgreement.
9. The term "interested parties" is defined in AD Agreement Article 6.11 and SCM Agreement
Article 12.9 to include, inter alia , both (i) foreign producers, and (ii) trade or business associations, a
majority of whose members are producers, exporters or importers of a product subject toinvestigation.  The definitions of the terms “concerned parties” and “other interested parties” in
Article 1 of the Egyptian Regulations do not include references to foreign producers or such trade or
business associations.  How are these definitions consistent with the requirements of AD Agreement
Article 6.11 and SCM Agreement Article 12.9?
10. AD Agreement Article 6.5.2 and SCM Agreement Article 12.4.2 permit authorities to
disregard confidential information submitted by interested parties if the authorities find that the
request for confidentiality is not warranted and if the supplier of the information is unwilling to make
the information public or to authorize its disclosure in generalized or summary form.  Article 8 of the
Egyptian Regulations permits the Investigating Authority to disregard information provided “if
confidentiality is not justified or the request for confidentiality is not warranted.” Do the Egyptian
Regulations provide the submitter of such information the option of making it public or authorizing itsdisclosure, before the information is disregarded by the Investigating Authority?
11. AD Agreement Article 5.8 and SCM Agreem ent Article 11.9 require the immediate
termination of cases where the dumping margin or the amount of the subsidy are de minimis,  or where
the volume of dumped imports is negligible.  Do Articles 39 and 60 of the Egyptian Regulations,which state that the Investigating Authority shall prepare a report  recommending the termination of
an investigation under these circumstances, conform to the requirements of AD Agreement Article 5.8
and SCM Agreement Article 11.9?
12. There appears to be an inconsistency between Article 2 of the Egyptian Law, which specifies
that respondents in anti-dumping and countervailing duty cases shall submit the information sought
from them “within at most thirty days from the date of the request” (emphasis added) and Articles 23
of the Egyptian Regulations, which specifies a period of 37 days for responding to questionnaires.Which provision is controlling?  To the extent Article 2 of the Egyptian Law is controlling, is it
consistent with AD Agreement Article 6.1.1 and SCM Agreement Article 12.1.1, which specify thatexporters and foreign producers be provided at least 30 days from date of receipt to reply to
questionnaires?
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