 
  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ZAF/2 
G/SCM/Q1/ZAF/2 2 April 2004 
 
(04-1504) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 
AND ARTICLE 32.6 OF THE AGREEMENTS 
 
Questions Posed by the EUROPEAN COMMUNITIES  
Regarding the Notification of SOUTH AFRICA1 
   The following communication, dated 31 March 2004, is being circulated at the request of the Delegation of the European Commission. 
 
_______________ 
 
 
A.  International Trade Administration Act No. 71 of 2002 
 1. Section 32 (6) (see also Section 10.1 (c) of the Anti-dumping Regulations)
:  Could 
South Africa please clarify in which circumstances, other than where the exporter and the importer or a third party are related, it would c onsider the export price unreliable, in the light 
of Article 2.3 ADA? 
2. Sections 39-40, 42-45
:  Are the provisions on summons, w itnesses, entry and search, and the 
corresponding sanctions laid down in Chapter 5, also applicable to Anti-Dumping proceedings; 
if so, to which parties?  
 
B.  Customs and Excise Act No. 91 of 1964  
1. Section 57 A  provides that whenever the Commission pu blishes a notice to the effect that it is 
investigating the imposition of an anti-dumping duty, the Commissioner shall  impose a 
provisional payment.  Could South Africa please clarify how the apparent automaticity of 
provisional duties whenever an investigation is initiated, relates to Article 7 ADA?  In this 
respect it is also noted that Section 33 of the Anti-Dumping Regulations does not appear to include all provisions of Article 7 ADA. 
C.  Anti-Dumping Regulations – Notice 3197 of 2003 
1. Section 1
:  The definition of related parties appear s to include some situations where it is 
unclear whether there is a relation of control between the parties involved and whether this 
relationship is such as to affect the behaviour of the parties.  Could South Africa clarify, in this 
respect, whether the definition of related parties also applies in the context of Article 4 ADA, 
in particular in the light of footnote 11 of th e ADA?  How are the provisions of (h) “appear to 
be related by virtue of their conduct” and (j) “if their relationship is othe rwise of such a nature 
that trade between them cannot be regarded  to be at arm’s length” interpreted? 
                                                      
1 G/ADP/N/1/ZAF/2- G/SCM/N/1/ZAF/2. G/ADP/Q1/ZAF/2 
G/SCM/Q1/ZAF/2 Page 2 
 
 
 2. Section 2.6
 provides that the Commission will disreg ard information that is not accepted as 
confidential by the Commission.  Would the Comm ission nevertheless use such information if 
it can be demonstrated from appropriate sources that the information is correct, in accordance 
with Article 6.5.2 ADA? 
3. Section 3.3 :  Would South Africa, in accordance with Article 5.6 ADA apply the provision on 
self-initiation only in special circumstances? 
4. Section 8.2 (a) :  Could South Africa please clarify whether sales below cost will nevertheless 
be considered if the prices provide for recovery of costs within a reasonable period of time, in 
accordance with Article 2.2.1 ADA?  
5. Section 8.2 (c) :  How does South Africa interpret sales which “do not reflect commercial 
quantities”, also in the light of Article 2.2.1 ADA? 
6. Section 8.11 :  Could South Africa please clarify whether the costs of a company would be 
automatically rejected if they were not histor ically used by the company of if a company did 
historically not use any cost allocation? 
7. Section 8.12 (a) and (b) (ii), Section 8.13 (a) and (b) :  please clarify whether these provisions 
refer to the data of the exporter or producer under investigation.  
8. Section 8.13 (c) :  please clarify how this provision articulates with Article 2.2.2 (ii) ADA. 
9. Section 8.12 (d) :  please clarify whether a profit cap is applied in accordance with 
Article 2.2.2 (iii) ADA. 
10. Are there any provisions on currency conversi ons in accordance with Article 2.4.1 ADA? 
11. Section 12.2  deals with the situation where different pr oducts are under investigation.  Is this a 
reference to cases where there are different pr oduct types / models, or to different products 
concerned (e.g. CD players and DVD players)? 
12. Section 13.1 :  Would the investigating authorities in S outh Africa also examine, as part of the 
injury determination, whether there has b een a significant increase in dumped imports, 
pursuant to Article 3.2 ADA? 
13. Section 14.2 (d) :  Would the investigating authority also  examine in this respect whether the 
demand for further imports would likely in crease, in accordance w ith 3.7.(iii) ADA? 
14. Could South Africa please confirm that in the case of Sections 12.3 and 16.2  the application 
shall be rejected and the investigation termin ated promptly, in accordance with Article 5.8 
ADA?  
15. Section 29.5 and Section 32.4 :  Would these provisions be applied in the light of Annex II 
ADA, in particular points 2 to 5? 
16. Section 32.3 :  Has South Africa already applied this provision, which allows a split in the 
investigation between cooperating and non-c ooperating exporters?  How does it work in 
practice? 
17. Section 36 :  Could South Africa confirm that regarding provisional measures the maximum 
time-periods set out in Article 7.4 ADA are respected? 
18. Are industrial users and consumer organisations  given the opportunity to provide information 
in Anti-Dumping investigations, in  accordance with Article 6.12 ADA? 
19. Section 39.1 :  Would the South African investigating authority after acceptance of a price 
undertaking nevertheless complete the investig ation at the request of the exporter, in 
accordance with Article 8.4 ADA?  G/ADP/Q1/ZAF/2 
 G/SCM/Q1/ZAF/2 
 Page 3 
 
 
 20. Section 60.7 (c) :  Could South Africa please clarify in more detail in which circumstances this 
provision applies?  Would it apply if an anti- dumping was imposed after a tender took place, 
but before the contract was awarded?  What would the practical consequences be for the 
tender? 
21. Section 65 :  Are the time-limits concerning refunds, as set out in Article 9.3.2 ADA applied?  
22. Is access to the non-confidential file ensu red in accordance with Article 6.4 ADA?  
23. Could South Africa please clarify whether cer tain provisions of the ADA, which it has not 
explicitly incorporated in its Anti-Dumping Regul ations, are directly applied (e.g. 9.2, 9.4, 
10.4, 10.6-10.8, 12.2-12.3? 
24. Could South Africa please clarify in general to  what extent the Anti-Dumping Regulations 
apply to SACU or to the territory of South Africa? 
  
__________ 
 
 