RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/KGZ/2
G/SCM/Q1/KGZ/2
28 April 2000
(00-1719)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions posed by CANADA
Regarding the Notification of the KYRGYZ REPUBLIC1
The following communication, dated 13 April 2000, has been received from the Permanent
Mission of Canada.
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1. Article 17.3 of the Law provides for the determination of a constructed normal value.
However, subsection (b) of 17.3 does not state that the constructed value should includeadministrative and general expenses.  How is this consistent with Article 2.2 and 2.2.2 of the A-D
Agreement?
2. Subsection 1(a) of Article 31 of the Law provides that "significant growth rates of dumped
imports to the domestic market, pointing to the possibility of a future increase in imports" is a factor
to be examined in the determination of threat of injury.  Can the Kyrgyz Republic explain the
difference between this wording and Article 3.7 (i) of the A-D Agreement which says "a significant
rate of increase of dumped imports into the domestic market indicating the likelihood of substantiallyincreased importations"?
3. Article 39 of the Law stipulates that the Authorized Body "shall make a preliminary ruling".
However, before making a positive preliminary ruling, if authorities find that the margin of dumping
is de minimis  or that the volume of dumped imports is negligible, or that there is insufficient evidence
of injury, under what article would termination be allowed?  Could Article 44 be used for thispurpose?  Are there provisions to provide a public notice of a decision to terminate an investigation?
4. Article 41 of the Law provides for the publication of information concerning the provisional
measures in the official mass media.  Will a report of the findings also be provided to the Member
concerned and interested parties as per Article 12.2 of the A-D Agreement?
5. Article 42 of the Law states that "provisional measures may be imposed for the term not
exceeding six months".  Can the Kyrgyz Republic indicate the period of time, under normal
circumstances, that will see provisional measur es imposed, in view of Article 7.4 of the A-D
Agreement which stipulates that provisional measures shall be limited to as short a period as possible,
not exceeding four months.
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1 G/ADP/N/1/KGZ/1