./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/KGZ/3
G/SCM/Q1/KGZ/3
10 May 2000
(00-1916)
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
Replies to Questions posed by CANADA1
Regarding the Notification of the KYRGYZ REPUBLIC2
The following communication, dated 8 May 2000, has been received from the Permanent
Mission of the Kyrgyz Republic.
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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 st ate that the constructed value should include
administrative and general expenses.  How is this consistent with Article 2.2 and 2.2.2 of the A-
D Agreement?
Reply
According to the Kyrgyz accounting practices the term "production costs" includes both
administrative and general expenses.  Therefore, Article 17.3 of the Law is 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 de termination 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 substantially increased importations"?
Reply
The Kyrgyz Republic believes that there is no difference between the wordings of
subsection 1(a) of Article 31 of the Kyrgyz Law a nd Article 3.7(i) of the A-D Agreement.  To put it
more precisely, the words "growth rates" should be changed to "rates of increase" and the words
"possibility of a future" in the Kyrgyz Law should be changed to "probability of a further".  Please
note that the same Russian equivalent is used for both "probability" and "likelihood".  Nevertheless, in
case of a dispute on the matter, the provisions of Article 4.2 of the Kyrgyz Law apply, which
establishes that in case of a conflict international agreement provisions prevail.
                                                     
1 G/ADP/Q1/KGZ/2-G/SCM/Q1/KGZ/2
2 G/ADP/N/1/KGZ/1G/ADP/Q1/KGZ/3
G/SCM/Q1/KGZ/3
Page 2
3. Article 39 of the Law stipulates that the Authorized Body "shall make a preliminary
ruling".  However, before making a positive pr eliminary 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?  CouldArticle 44 be used for this purpose?  Are there provisions to provide a public notice of a decision
to terminate an investigation?
Reply
Article 39 states that the Authorized Body shall make a preliminary ruling based on the
factual data received during the investigation.  If the factual data shows that the margin of dumping is
de minimis  or that the volume of dumped imports is negligible or there is insufficient evidence of
injury the investigation would be terminated under Article 44 of the Law.  Article 44 refers to thetermination of an investigation before taking anti-dumping measures.  According to the provisions of
Article 1 the term "anti-dumping measure" includes both provisional and final anti-dumping
measures.  Therefore, Article 44 can also be used for the termination of an investigation before
making a positive preliminary ruling.
There are no provisions in the Kyrgyz law 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?
Reply
The Regulations being drafted to implement the Law will provide for notices and reports to be
forwarded to a 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 measures 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.
Reply
Article 42 of the Law establishes the maximum time limits for the imposition of provisional
measures.  The Regulations being drafted to implement the Law will contain the provisions describing
in detail how Article 42 shall be implemented and will ensure the adherence to the provisions 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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