RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/56
28 September 1998
(98-3734)
Committee on Anti-Dumping Practices
Ad-Hoc Group on ImplementationOriginal:  English
TOPIC 1* – ARTICLE 6.5:  TREATMENT OF  CONFIDENTIAL INFORMATION
TOPIC 5* - ARTICLE 5.5:  NOTIFICATIO N TO THE EXPORTING MEMBERS
TOPIC 9* - PROVISIONAL MEASURES
Paper by Israel
The following communication, dated 24 September 1998, has been received from the
Permanent Mission of Israel.
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Topic 1 – Article 6.5:  Treatment of Confidential Information
Please refer to our previous document G/ADP/AHG/W/24 concerning the list of information
usually considered confidential in nature by the Authorities.
The following are comments on the procedural questions posed by the Chairman:(a) How should confidential information be submitted to the investigating authorities?
In practice, a party submitting confidential information must indicate in writing on the front
of the document that it contains confidential information.
The party must specifically submit a request for confidentiality in which it states the reasons
for the request.
If the request for confidentiality is denied, the Authorities must so inform the party of why
such treatment was unwarranted.  The party who submitted the information may choose to have the
information returned to him and thus the informatio n may not be used as the basis for the Authorities'
determinations.
(b) How should non-confidential information be submitted to the investigating
authorities?
A party submitting confidential information must also submit a non-confidential version of
the document which is identified as such in the fr ont of the document.  This document is identical in
content to the confidential version except fo r blank spaces encased with brackets, where the
confidential information appears.  This affords the reader of the non-confidential version a clear
understanding as to the general context of the confidential information.
                                                     
* See document G/ADP/W/401 for descriptions of the topics.G/ADP/AHG/W/56
Page 2
If an entire document is submitted to the Authority for which confidentiality is being
requested, then the party is required to give a short non-confidential summary of the information
contained in the document.
(c) What are the criteria applied by the investigation authorities in deciding whether to
accept or reject a request for confidential treatment?
The present Israeli legislation states in Section 8(c) of the Trade Levies Law 1991 the
following:
"For purposes of this section, information the disclosure of which would cause injury
to the person who submitted it or to a th ird party shall be deemed confidential".
In practice, this provision is interpreted in accordance with the conditions as set forth in
Article 6.5 of the Agreement and in particular the words which appear in parentheses:
"(for example, because its disclosure would be of significant competitive advantage
to a competitor or because its disclosure would have adverse effect upon a personsupplying the information or upon a person from whom that person acquired the
information) …".
It happens in certain cases that the Authorities come to the conclusion that only partial
confidentiality may be warranted and in such case the supplier of the confidential information is
requested to resubmit the confidential and non-confidential versions of his documents.
(d) How is confidential information handled by the authority?(e) In the event that a Member provides acc ess to confidential information, how should
the confidential information be accessed?
Israel does not maintain a system of divulging confidential information to counsel or
representatives of the interested parties in the form  of an administrative protective order or in any
other form, as in the systems of other Members.  In light of this, it is only the Authorities who have
access to the confidential information which is kept in a separate file.
Topic 5 – Contents of Article 5.5
The following information is usually contained in a written notification sent by the Israeli
Authorities pursuant to Article 5.5 of the Agreement:
1. Date of receipt of properly documented application;2. Name of complainant;3. Brief product description and if possible the tariff no. in which the product falls;
4. Names of exporters named in the complaint and/or revealed in import documents, who might
be the object of the investigation.G/ADP/AHG/W/56
Page 3
The contact point for any enquiries involving a notification under Article 5.5 is:
Commissioner of Anti-Dumping and Countervailing Duties
Foreign Trade Administration
State of IsraelMinistry of Trade and Industry
30 Agron Street,
Jerusalem
ISRAEL
Tel: 972 2 6220249 /707 /261
Fax: 972 2 6233775
Topic 9 – Contents of Preliminary Affirmative Determinations
In practice the preliminary determination includes a very detailed discussion and evaluation
concerning the following topics, similar in sc ope to that found in the final determination:
• a description of the procedural aspects of the investigation, a description of the evidence
and arguments submitted in the course of the preliminary investigation including the
petition, and responses to questionnaires;
• a description of the complainant;
• a description of the foreign producers and exporters;
• period of investigation;
• an analysis of the export price, normal value and dumping margin;
• an analysis of the market structure;
• an analysis of the injury criteria;
• a discussion of the causal link between th e dumping and the injury to the domestic
industry and the other factors which may have caused injury;
• level of the provisional measure which will eliminate the injury to have been established.
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