MEXICO - ANTI-DUMPING INVESTIGATION OF HIGH-FRUCTOSE CORN SYRUP (HFCS) FROM THE UNITED STATES
Document: Request for Consultations by the United States
Date: 15 September 1997
Document codes: WT/DS101/1; G/ADP/D7/1
Complainant: U.S.
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. 2, 4, 5, 6  Anti-dumping

MEXICO - ANTI-DUMPING INVESTIGATION OF HIGH-FRUCTOSE
CORN SYRUP (HFCS) FROM THE UNITED STATES
Request for Consultations by the United States
The following communication, dated 4 September 1997, from the Permanent Mission of the
United States to the Permanent Mission of Mexico and to the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Government of Mexico
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
and Article 17.3 of the Agreement on Implementation of Article VI of the GATT 1994 (the Anti-Dumping
Agreement) regarding the anti-dumping investigation of high-fructose corn syrup (HFCS) from the
United States conducted by the Secretariat of Commerce and Industrial Development (SECOFI) of
the Government of Mexico, the 25 June 1997 preliminary determination of dumping and injury in that
investigation and the consequent imposition of provisional measures on imports of HFCS from the
United States.
On 17 February 1997, the Secretary of Commerce signed a notice initiating this anti-dumping
investigation on the basis of an application dated 14 January 1997 from the Mexican National Chamber
of Sugar and Alcohol Producers, an association of producers of sugar. The United States considers
that this application did not contain the information required under Article 5 of the Anti-Dumping
Agreement, and that the determination by SECOFI to initiate an investigation was inconsistent with
the obligations of Mexico under Articles 2, 4 and 5 of the Anti-Dumping Agreement.
The UnitedStatesGovernment wasnotifiedof thedecisiontoinitiatethisinvestigationbytelefax
on 27 February, and was not provided with a copy of the application until 10 March. The United States
considers that the actions of Mexico in this respect are inconsistent with the obligation under Article 5.5
of the Anti-Dumping Agreement to notify the government of the exporting Member concerned "before
proceeding to initiate an investigation" and the obligation under Article 6.1.3 of that Agreement to
provide the full text of the application "as soon as an investigation has been initiated".
During this investigation, SECOFI authorized a representative of the petitioner domestic industry
to inspect the confidential information provided by respondent US exporters. The respondent US
exporters were not informed in advance of this disclosure of their confidential information and did
not approve of it. The United States considers that the actions of Mexico in this respect are inconsistent
with the obligations under Article 6.5 of the Anti-Dumping Agreement that "confidential information
shall not be disclosed without specific permission of the party submitting it".

During this anti-dumping investigation, the Mexican authorities have been extremely slow in
placing relevant information, including the filings of the petitioner, in its public file. The United States
considers that the actions of Mexico in this respect are inconsistent with the requirement under Article 6.2
of the Anti-Dumping Agreement that "[t]hroughout the anti-dumping investigation all interested parties
shall have a full opportunity for the defence of their interests" and the provisions of Article 6.4 of
that Agreement which require that "[t]he authorities shall whenever practicable provide timely
opportunities for all interested parties to see all information that is relevant to the presentation of their
cases, that is not confidential ..., and that is used by the authorities in an anti-dumping investigation,
and to prepare presentations on the basis of this information".
The United States reserves its right to raise further factual claims and legal matters during the
course of consultations.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.