AUSTRALIA – ANTI-DUMPING MEASURES ON A4 COPY PAPER COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 16 October 2018
Document codes: WT/DS529/10
Complainant: Indonesia
Respondent: Australia
Third parties: Canada, China, EU, Egypt, India, Israel, Japan, South Korea, Russia, Singapore, Thailand, Ukraine, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 2.2, 2.2.1.1  Anti-dumpingArt. VI:1  GATT 1994Art. 9.3  Anti-dumpingArt. VI:2  GATT 1994

AUSTRALIA – ANTI-DUMPING MEASURES ON A4 COPY PAPER
COMMUNICATION FROM THE PANEL
The following communication, dated 1 2 October 2018, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Paragraph 1(3) of the Working Procedures for the Panel proceedings in the dispute
Australia – Anti-Dumping Measures on A4 Copy Paper provides:

These Working Procedures and the timetable will be made available to all WTO Members during
the course of the dispute by being added to the DS document series for the dispute. The Panel
will circulate preliminary rulings as appropriate.
Accordingly, please find enclosed the Additional Working Procedures of t he Panel Concerning
Business Confidential Information adopted by the Panel on 5 October 2018.

I would be grateful if you would circulate this document to the DSB.

ADDITIONAL WORKING PROCEDURES OF THE PANEL
CONCERNING BUSINESS CONFIDENTIAL INFORMATION

Adopted on 5 October 2018

The following procedures apply to any business confidential information (BCI) submitted in the
course of the Panel proceedings in DS529.
1. For the purposes of these Panel proceedings, and subject to paragraphs 8 and 9, BCI includes:

a. any information designated a s such by the party submitting it that was previously
treated as confidential by the investigating authority in the anti-dumping investigation
at issue in this dispute; and

b. any other information designated as such by the party submitting it.

2. If a party considers that certain BCI cannot be submitted without authorization from an entity that
submitted that information during the investigation at issue, the party shall, at the earliest possible
date, obtain an authorizing letter from the entity and provide such authorizing letter to the Panel,
with a copy to the other party. The authorizing letter from the entity shall authorize both Indonesia
and Australia to submit that BCI in this dispute.

3. Each party shall, at the request of the other party, facilitate th e communication to an entity in its
territory of any request to provide an authorization letter referred to in paragraph 2. Each party
shall encourage any entity in its territory that is requested to grant the authorization referred to in
paragraph 2 to grant such authorization. If an entity refuses to grant the authorization referred to
in paragraph 2, a party may bring the situation to the attention of the Panel.

4. For the purposes of these Additional Working Procedures, "approved persons" means members
of the Panel in the DS529 dispute proceedings, employees of the WTO Secretariat assigned to
work on the DS529 dispute proceedings, translators and interpreters of the WTO, as well as
representatives of, and outside advisors to, each of the parties to the dispute and third parties,
which have been granted access to BCI pursuant to paragraph 7. A representative of, or an
outside advisor to, a party or third party must not be designated as an approved person if that
person is an officer or employee of an enterprise engaged in the production, sale, export, or
import of A4 copy paper, or an officer or employee of an association of which the enterprise is a
member.

5. Representatives of, and outside advisors to, each of the parties to the dispute and, where relevant
under paragraph 7, representatives of, and outside advisors to, third parties shall be notified to
the Panel, other party and third parties in a list containing the names, titles and employers of
persons legitimately requiring access to the BCI i n the DS529 dispute proceedings. The list for
each party is to be first submitted at the latest by 8 October 2018. The list of a third party which
has been granted access to BCI pursuant to paragraph 7 shall be submitted in accordance with
that provision. The list of each party or third party shall be subsequently amended and re -
submitted if the names and/or titles and/or employers are changed.

6. Third parties' access to BCI shall be subject to the terms of these Additional Working Procedures.
Where third parties receive written submissions pursuant to the Working Procedures, the third
parties shall receive the redacted versions of such written submissions containing BCI and
redacted versions of exhibits thereto. The redacted versions of the parties' writte n submissions
received by third parties pursuant to the Working Procedures and redacted versions of exhibits
shall be sufficient to convey a reasonable understanding of the nature of the information at issue.

7. A third party may request access to the non -redacted version of a party's written submission
received by a third party pursuant to the Working Procedures or an exhibit thereto containing BCI
for the purpose of participating effectively in the Panel proceedings. The Panel, after consulting
the parties, shall decide whether to grant access to such BCI, taking into consideration the
sensitivity of the information and the need for the third party to see the information in order to
ensure that their interests as a third party are fully taken into account. Where the Panel grants a
third party's request, the third party shall submit a statement whereby it undertakes to respect

these Additional Working Procedures and shall provide the list of representatives of, and outside
advisors to, the third party which the third party wishes to be designated as "approved persons"
within the meaning of paragraph 4. If granted, the third party's access to the BCI will take place
through the Digital Dispute Settlement Registry, unless good cause is shown for an alternative
arrangement.

8. Any information that is available in the public domain may not be designated as BCI.

9. If a party considers that information submitted by the other party or third party should have been
designated as BCI and objects to its submission without such designation, it shall forthwith bring
this objection to the attention of the Panel and the other party or third party, together with the
reasons for the objection. Similarly, if a party or third party considers that the other party or third
party has de signated information as BCI which should not be so designated, it shall forthwith
bring this objection to the attention of the Panel and the other party or third party, together with
the reasons for the objection. The Panel, in deciding whether information subject to an objection
should be treated as BCI for the purposes of these Panel proceedings, will consider whether
disclosure of the information in question could cause harm to the interests of the party submitting
it or to the originator(s) of the information.

10. Only an approved person shall have access to BCI. Third parties shall only receive redacted
versions of any documents to which they are permitted access under the Working Procedures of
the Panel, unless granted access to BCI under the terms of paragraph 7.

11. An approved person shall not disclose BCI to persons other than other approved persons.

12. Each party, each third party having access to the BCI under the terms of paragraph 7, and each
approved person shall only use BCI for the purposes of this dispute.

13. Each party and third party having access to the BCI under the terms of paragraph 7 is responsible
for ensuring that its representatives and outside advisors comply with these Additional Working
Procedures.

14. The party or third party submitting BCI shall mark the cover and/or first page of the document
containing BCI, and each page of the document, to indicate the presence of such information.
The specific information in question shall be placed between double brackets, as follows:
[[xxxxxxx]]. The first page or cover of the document shall state "Contains Business Confidential
Information", and each page of the document shall contain the notice “Contains Business
Confidential Information” at the top of the page.

15. Any BCI that is submitted in binar y-encoded form shall be clearly marked with the statement
"Business Confidential Information" on a label of the storage medium, and clearly marked with
the statement "Business Confidential Information" in the binary-encoded files.

16. In the case of an oral statement, or oral response to a question, containing BCI, the party or third
party making such a statement or response shall inform the Panel before making it that the
statement or response will contain BCI, and the Panel will ensure that only approved persons are
able to hear that statement or response. The written versions of such oral statements or
responses submitted to the Panel shall be marked as provided for in paragraph 14.

17. Each approved person shall store all documents containing BCI in such a man ner as to prevent
access to them by persons who are not approved persons.

18. The Panel will not disclose BCI, in its report or in any other way, to persons who are not approved
persons. The Panel may, however, make statements of conclusion drawn from such information.
Before the Panel circulates its final report to the Members, the Panel will give each party an
opportunity to review the report to ensure that it does not contain any information that the party
has designated as BCI.

19. At the conclusion of the dispute,1 and within a period to be fixed by the Panel, each party and
third party having access to BCI under these Additional Working Procedures shall return all
original documents (including electronic material) containing BCI, to the party that submitted
such BCI, certify in writing to the Panel and the other party that any and all copies of such
documents have been destroyed, or otherwise protect the BCI against disclosure, consistent with
the party’s obligations under its domestic laws. The WTO Secretariat shall have the right to retain
one copy of each of the documents containing BCI for the archives of the WTO.

20. Submissions containing BCI will be included in the record forwarded to the Appellate Body in the
event of an appeal of the Panel's Report.

Panel lapses under Article 12.12 of the DSU; or (c) a mutually satisfactory solution is notified to the DSB under
Article 3.6 of the DSU.