RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/MAR/2
G/SCM/Q1/MAR/2
11 April 2001
(01-1851)
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 the UNITED STATES
Regarding the Notification of MOROCCO1
The following communication, dated 9 April 2001, has been received from the Permanent
Mission of the United States.
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1. Title II of the Annex relating to Article 15 as amended by the Foreign Trade Law No. 13-89
is entitled “Measures to safeguard domestic industry”. Please confirm that Article 15 is intended notonly to cover safeguard measures permitted under the Safeguards Agreement, but also AD/CVD
matters as well.
2. The new paragraph of Article 15 of the Foreign Trade Law immediately below paragraph (5)
provides Moroccan authorities with the authority to take “provisional emergency” measures in
antidumping and countervailing duty investigations “in order to ensure the protection of the domestic
industry”.
(a) How does Morocco comply with the provisions of Art. 7.1(ii) of the AD Agreement
and Art. 17.1(b) of the SCM Agreement that there be a preliminary affirmative
determination of injury and subsidy and/or dumping before provisional measures are
imposed?
(b) How does Morocco comply with the provisions of Art. 7.3 of the AD Agreement and
Art. 17.3 of the SCM Agreement that provisional measures not be applied sooner than60 days from the date of initiation of the investigation?
(c) How does Morocco comply with the provisions of Art. 7.4 of the AD Agreement and
Art. 17.4 of the SCM Agreement concerni ng the maximum duration of provisional
measures?
(d) Please confirm that provisional measures will be limited to a provisional duty or a
security by cash deposit or bond in accordance with Article 7 of the AD Agreement
and Article 17 of the SCM Agreement.
3. How does the relief authorized in the penultimate paragraph of Article 15 of the Foreign
Trade Law, which permits the authorities to require a “prior import declaration for imports of
                                                     
1 G/ADP/N/1/MAR/2; G/SCM/N/1/MAR/2G/ADP/Q1/MAR/2
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products which cause or threaten to cause injury to the domestic industry,” differ from the imposition
of provisional measures?  How is such relief consistent with the AD and SCM Agreements?  Is this a
remedy in addition to the remedies permitted under the Agreements?
4. Article 22 of “Title V of Decree No. 2-93-415: Modalities for the Application of AD/CVD
Duties” addresses applications.  However, this Article does not appear to require all of the information
specified in Article 5.2 of the AD Agreement and 11.2 of the SCM Agreement.  Please confirm that
applications are required to contain the information specified in those provisions?
5. Title V of Decree No. 2-93-415 does not mention the standing requirements of Article 5.4 of
the AD Agreement and 11.4 of the SCM Agreement.  How does Morocco intend to carry out the
obligations of those provisions?
6. Please confirm that governments of exporting countries will be notified of receipt of an
application prior to initiation of an antidumping investigation in accordance with Article 5.6 of the
AD Agreement.
7. New Article 15(3) of the Foreign Trade Law No. 13-89 (“Foreign Trade Law”) appears to
make the same injury standard applicable in safeguards investigations as in antidumping and
countervailing duty investigations.
(a) Do the Moroccan authorities in fact use the same injury standard for antidumping,
countervailing duty, and safeguards investigations?
(b) Does Morocco believe that the injury standards of Article 3 of the AD Agreement,
Article 15 of the SCM Agreement, and Article 4 of the Agreement on Safeguards are
the same?
(c) If not, please explain the different injury standards that Morocco uses for
antidumping, countervailing duty, and safe guards investigations and how those
standards relate to the standards set forth in the AD, SCM, and Safeguards
Agreements respectively ?
8. The only standard in Moroccan law or regulations concerning injury determinations in
antidumping and countervailing duty investigations appears to be that of the introductory paragraph of
Article 15 of the Foreign Trade Law, which states that imports must “cause or threaten to cause
material injury to an established domestic industry or materially retard the establishment of a
domestic injury.”
(a) How does Morocco implement the provisions of Article 3 of the AD Agreement and
Article 15 of the SCM Agreement concerning the factors that investigating authorities
are to consider in making injury determinations?
(b) How does Morocco implement the provisions of Arts. 3.7 and 3.8 of the AD
Agreement and Arts. 15.7 and 15.8 of the SCM Agreement concerning the factors
that investigating authorities are to consid er in making determinations of threat of
material injury?
9. Moroccan law and regulations do not appear to have any provisions explaining how a
“domestic industry” is defined for purposes of Article 15 of the Foreign Trade Law.G/ADP/Q1/MAR/2
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(a) How does Morocco implement the requirements of Arts. 2.6 and 4.1 of the AD
Agreement and Arts. 15.1 and 16.1 of the SCM Agreement that the domestic industry
be defined in terms of production of “like products?”
(b) Does Morocco permit exclusion from the domestic industry of producers that are
related to exporters or importers, or are themselves importers of the product under
investigation, pursuant to Art. 4.1 of the AD Agreement and Art. 16.1 of the SCM
Agreement?  If so, under what circumstances will such exclusions take place?
10. Article 25 of the “Modalities for the Application of Anti-Dumping and Countervailing
Duties” states that the Consultative Commission on Imports “may decide to hold a prior public
enquiry” with respect to antidumping and countervailing duty applications. Does this mean that it is
within the discretion of the Consultative Commissi on to determine whether to hold a public inquiry?
If so, how is this consistent with Art. 6.2 of the AD Agreement and Art. 12.2 of the SCM Agreement
that accord interested parties the right, on justifica tion, to present information orally to investigating
authorities?
11. In conducting its public inquiry, must the Consultative Commission on Imports develop a
record including all documents received by the Commission and transcripts or memoranda or reportsrecording or memorializing any meetings held by th e Commission and any interested party?  Is such a
record available to the public?  Does it allow for protection of business proprietary information
submitted by parties?
12. The second paragraph of Article 25 of the “Modalities” states that notice of any public inquiry
will be made “through the press.”  What press medium does Morocco use to provide this notice?
13. The second paragraph of Article 25 also states that the notice “shall state the time-limit for
submissions of any observations concerning the application.”
(a) Who may file such written submissions?
(b) Are such written submissions authorized in proceedings in which the Consultative
Commission does not determine to hold a public inquiry?  If not, how does Moroccoimplement the requirements of Art. 6.1 of the AD Agreement and Art. 12.1 of the
SCM Agreement that interested parties be presented the opportunity to present in
writing evidence which they consider relevant concerning the investigation?
(c) Do those filing written submissions have the opportunity to see the application and
whatever other information the Moroccan authorities have collected?  If not, how
does Morocco implement the requirements of Art. 6.4 of the AD Agreement and Art.
12.3 of the SCM Agreement that authorities provide timely opportunity to interestedparties to enable them to see all non-confidential information relevant to the
presentation of their cases?
14. How does Morocco implement the provisions of Art. 6.5 of the AD Agreement and Art. 12.4
of the SCM Agreement concerning submission of confidential information?
15. How does Morocco implement the provisions of Art. 6.9 of the AD Agreement and Art. 12.8
of the SCM Agreement concerning informing interested parties of the essential facts under
consideration?G/ADP/Q1/MAR/2
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16. Article 26 of the “Modalities” appears to state that the Consultative Commission shall provide
its opinion on an application for anti-dumping or countervailing duties within four months of
receiving the application from the minister in charge of foreign trade.
(a) Is the Consultative Commission’s opinion final, or is it subject to review and/or
revision by the minister?
(b) If the minister has the ability to review and/or revise the Consultative Commission’s
opinion, what are the standards and procedures applicable to such a review?  Can
interested parties participate in the review process?
(c) Does Morocco publish the final determination on whether to issue antidumping or
countervailing duties (whether it be issued by the Consultative Commission or the
minister)?  How does Morocco implement the provisions of Art. 12 of the ADAgreement and Art. 22 of the SCM Agreement concerning public notice and
explanation of determinations?
17. How does Morocco implement the provisions of Art. 13 of the AD Agreement and Art. 23 of
the SCM Agreement concerning judicial or administrative review of determinations?
18. Article 29 of the “Modalities” states that antidumping and countervailing duty measures
“shall remain in force as long as the measures justifying them persist.”  How is this consistent with
Art. 11.3 of the AD Agreement and Art. 21.3 of the SCM Agreement that measures shall not remain
in force beyond five years unless the authorities determine in a review proceeding that continuation of
the measures is necessary?
19. Article 11 of Decree No. 2-93-415 concerning the Consultative Commission on Imports states
that the work of the Consultative Commission shall be governed by rules of procedures which the
Commission shall establish with approval of the ministry responsible for foreign trade.  Has the
Commission approved any such rules of procedure?  If so, when will Morocco notify them to these
Committees?
20. How has Morocco implemented the provisions of  Art. 5.8 of the AD Agreement and Art. 11.9
of the SCM Agreement requiring immediate terminat ion of a proceeding when the margin of dumping
or amount of subsidy is de minimis  or when the volume of imports is negligible?
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