./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/USA/12
G/SCM/Q1/USA/12
8 October 1999
(99-4229)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 AND 32.6 OF THE AGREEMENTS
Questions from TURKEY
Regarding the Notification of the UNITED STATES1
The following communication, dated 7 October 199, has been received from the Permanent
Mission of Turkey.
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1. Could you clarify the following points relating to the provision given below?
"Section 351.218   Sunset reviews under section 751(c) of the Act
(ii) Adequacy of response from respondent interested parties.
(A) In general.   The Secretary will make its determination of adequacy of response on a
case-by-case basis; however, the Secretary normally will conclude that respondent interested
parties have provided adequate response to a Notice of Initiation where it receives complete
substantive responses under paragraph (d)(3) of this section from respondent interested parties
accounting on average for more than 50 per cent, on a volume basis (or value basis, ifappropriate), of the total exports of subject merchandise to the United States over the five
calendar years preceding the year of publication of the Notice of Initiation."
(a) Does the term "the respondent interested parties" refer to exporters whose exports are subject
to anti-dumping duties?
(b) Which exports are the basis for the calculation of the percentage requirement of 50 per cent?
(For a product for which A-D duties are in force;  exports of all countries, or exports of a
certain country, or exports of companies who are subject to A-D duties from a certain
country.)
2. Could you make an explanation as to the application of the following provision quoted
regarding a new exporter's situation in connection with a sunset review?
                                                     
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G/SCM/Q1/USA/12
Page 2
"Section 351.218   Sunset reviews under section 751(c) of the Act
(2) Full sunset reviews upon adequate response from domestic and respondent interested
parties
(i) In general, … and in no case will the Secretary calculate a net countervailable
subsidy or a dumping margin for a new shipper in the context of a sunset
review."
(a) If a new shipper made an application requesting a new shipper review at a time when a sunset
review is being carried out, what action would the US authorities take?
(b) In the case where a new shipper review is carried out and an individual margin is determined,
would that new exporter be included in the sunset review of the order?
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