RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/62/Add.2
28 April 1999
(99-1715)
Committee on Anti-Dumping Practices
Ad Hoc Group on Implementation
COMPILATION OF INFORMATION PROVIDED BY MEMBERS CONCERNING
HOW DISCLOSURE OF ESSENTIAL FACTS IS ACCOMPLISHED BY
NATIONAL INVESTIGATING AUTHORITIES
Addendum
COMMUNICATION FROM THE EUROPEAN COMMUNITIES (Dated 23 April 1999)
The legal requirements governing disclosure in European Community anti-dumping cases are
set out in Article 20 of EC Regulation 384/96.
Under this Article, complainants, exporters, importers and representatives of the exporting
country may request, in writing, disclosure of the details underlying the essential facts and
considerations on the basis of which provisional measures have been imposed.  Final disclosure,covering the essential facts and considerations on the basis of which it is intended to recommend the
imposition of definitive measures, or the termination of an investigation without the imposition of
measures (particularly if they differ from those in the provisional disclosure), may be requested in
writing not later than one month after imposition of a provisional duty.
In practice, the Commission discloses information on its own initiative, to those eligible
parties who made themselves known within 40 da ys of initiation of an investigation and who
cooperated in that investigation – once after  provisional measures (on, or shortly after, publication of
those measures) and a second time before the adoption of the definitive proposal.  Both disclosures
allow time for comments to be taken into account.  If necessary, explanations are also given as to why
certain comments by parties concerned were, or should be, rejected.
Normally disclosure is in writing and even on diskette, if so requested.  All parties (including
exporting authorities or unrelated importers) would usually not only be given the general findings, but
also disclosure on the overall methodology employed in the dumping and injury investigation.  In
addition to this, cooperating exporters also receive the detailed, company-specific calculations on
dumping, undercutting and underselling which apply to them.  Community producers receive thegeneral findings and overall methodology, while i ndividual cooperating Community producers would
get any calculations which apply specifically to them (for example, recalculations of their cost of
production etc.).  As well as receiving disclosure in writing, the parties concerned usually receive oral
explanations of the disclosure as well.
During reviews, there is one disclosure before the adoption of the definitive proposal.  Once
again, this is done in time to allow comments to be taken into account in the definitive proposal.
If parties requesting disclosure are represented by lawyers in Brussels, the European
Commission asks the lawyers concerned to collect the disclosure documents from the Anti-Dumping
Service in person.  Otherwise, the documents are sent by a private courier service.
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