RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/53
18 September 1998
(98-3592)
Committee on Anti-Dumping Practices
Ad-Hoc Group on ImplementationOriginal:  English
TOPIC 1* – ARTICLE 6.5:  TREATMENT OF  CONFIDENTIAL INFORMATION
TOPIC 3* – ARTICLE 6.10:  SAMPLING METHOD
TOPIC 4* - ARTICLE 5.6:  SPECIAL CIRCUMSTANCES
TOPIC 5* - ARTICLE 5.5:  NOTIFICATIO N TO THE EXPORTING MEMBERS
TOPIC 6* - ARTICLE 6.2:  HEARINGS
TOPIC 7* - ARTICLE 6.9:  DISCLOSURE OF ESSENTIAL FACTS
TOPIC 8* - ARTICLE 12:  PUBLIC NOTICES
Paper by Japan
The following communication, dated 15 September 1998, has been received from the
Permanent Mission of Japan.
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1. TREATMENT OF CONFIDENTIAL INFORMATION (Topic 1, Article 6.5)
1.1 Submission of confidential information
As part of an anti-dumping investigation, interested parties are requested to provide relevant
information, including confidential information, so  that investigating authorities can conduct a
thorough and accurate investigation.  In such circumstances, interested parties can request
investigating authorities not to disclose the provid ed information which interested parties think should
be treated as confidential.  On the other hand, the interested party should submit a written request
identifying the information for which it is seeking co nfidentiality if it desires certain information to be
accorded confidentiality, because anti-dumping proceedings should be transparent in principle, to
avoid protecting information unnecessarily.  The request should also contain sufficient reasons
justifying confidential treatment of the information and identify which part should be treated as
confidential in the provided information, e.g.  by indicating those parts as "Confidential".
In the process of submitting confidential information, interested parties are responsible for
protecting confidentiality.  Therefore, interested parties should be careful to choose an appropriate
delivery method for a document containing confidential information, e.g. by hand delivery or by
registered mail, etc.
1.2 Submission of non-confidential version
If investigating authorities determine that conf idential treatment is warranted for information
being submitted, they shall require the party s ubmitting the information to furnish a written non-
confidential summary of the information.  In general, confidential information, e.g. specific figures or
                                                     
* See document G/ADP/W/401 for descriptions of the topics.G/ADP/AHG/W/53
Page 2
names, may be bracketed ([ ]) in a document.  However, interested parties should include as much
non-confidential information as possible, such as in dexes, in the summaries.  Investigating authorities
shall review non-confidential summaries to ensure that the summaries provide sufficient details to
allow other interested parties to understand the general nature of the information being accorded
confidentiality.
1.3 Criteria for accepting or rejecting requests for confidentiality
The investigating authority applies several criteria  in determining whether to accept or reject a
request for confidential treatment of information, as explained in Japan's previous submission.1  These
criteria are as follows:
(1) The information is not known publicly and is protected by the party who provided the
information;  and
(2) The information falls within either of the following cases:
- It is recognized that disclosure of the information would certainly provide a
significant competitive advantage to competitors, or would certainly have a
significant harmful effect upon the direct supplier of the information or the
original supplier of the information;  or
- When any information is provided as confidential information by any
interested party, and the investigating authority recognizes that there are
sufficient reasons for treating the info rmation as confidential information.
Based on these criteria, the investigating authority shall review the information for which
confidentiality is being sought to determine if confidential treatment of the information is warranted
and to ensure that the request for confidentiality is not overly broad.  Japanese law accords
confidential treatment to specific figures and names (for example, transaction prices or names of
suppliers) and not to general descriptions or categories of information.
1.4 Handling of confidential information by the investigating authority and accessing
confidential information
Confidential information received by the invest igating authority is kept by the investigating
authority.  Similar to the anti-dumping systems in a number of other Members, the Japanese anti-
dumping system (and Japanese law in general) does not have a means for disclosing confidential
information to other interested parties or the representatives of interested parties.  Consequently, onlythe investigating authority has access to confidential information.
2. SAMPLING METHOD (Topic 3, Article 6.10.2)
Article 6.10 of the Agreement sets forth the general rule that investigating authorities should
determine an individual dumping margin for each known exporter or producer of the product under
investigation.  The Agreement incorporates a limited  exception to this general rule:  investigating
authorities may limit their examination of exporters and producers when the number of exporters or
producers is so large that calculating an individual dumping margin for every exporter or producer
may be unreasonably burdensome or may prevent the investigating authority from completing aninvestigation within the time limits.
                                                     
1 See document G/ADP/AHG/W/23, page 4.G/ADP/AHG/W/53
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The wording of the last sentence of Article 6.10.2 ("Voluntary responses shall not be
discouraged") further narrows this exception to the general rule of individual dumping margins for
exporters or producers.  Even when investigating authorities have limited their examination, they
should not discourage exporters or producers who were not under the limited examination from
submitting voluntary responses.
3. SPECIAL CIRCUMSTANCES (Topic 4, Article 5.6)
3.1 Examples of "special circumstances"
Japan submitted examples of circumstances it considers insufficient to constitute "special
circumstances" within the meaning of Article 5.6 of the Agreement in its previous submission.2
Consistent with Article 5 of the Agreement, Japan views self-initiation as an exception to the general
rule of initiation of investigations through the filing of an application.  As a general matter, therefore,
investigating authorities should always provide an explanation why a self-initiation of an investigation
was warranted, and no situation should constitute a special circumstance if investigating authorities
fail to provide the explanation.  Additionally, Japan is of the view that a self-initiation only bypolitical pressure should never constitute a special circumstance justifying the self-initiation of an
investigation.
3.2 Number of self-initiated investigations
To date, Japan has not self-initiated an anti-dumping investigation.
4. NOTIFICATION TO THE EXPORTING MEMBERS (Topic 5, Article 5.5)
4.1 Contact points for notification under Article 5.5
The contact points for Article 5.5 notifications of Japan are its diplomatic missions abroad in
charge of the WTO Member concerned.
4.2 Content of Article 5.5 notifications
Japan explained the contents of its notification under Article 5.5 in its last submission to the
Ad Hoc Group.3  In general, Article 5.5 notifications contain the following information:
- the date of receipt of the application;
- the name of the product to be investigated;
- the name of the applicant;  and- the name of the exporter or producer described in the application who could be
subject to an investigation.
Japan believes that these four items constitute an appropriate content for Article 5.5
notifications as they provide the exporting Member with sufficient information for it to commence
any necessary examinations, e.g. on whether or not the exporter or producer exports the product
concerned to the importing Member.
                                                     
2 See document G/ADP/AHG/W/42, pages 4-5.
3 See document G/ADP/AHG/W/42 page 5.G/ADP/AHG/W/53
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5. HEARINGS (Topic 6, Article 6.2)
5.1 Procedures and practices concerning hearings
Japan explained its procedures and practices for hearings in its previous submission.4  T h e
Japanese hearing system, which provides interested  parties with the opportunity to present evidence
orally at hearings and to meet with interested pa rties with adverse interests.  Together with other
procedures of the Japanese anti-dumping investigation, interested parties are provided with a full
opportunity to defend their interests.
5.2 Elements of hearings
Hearings constitute an additional opportunity for an interested party to explain its position and
to defend its interests.  Therefore, hearings deal with the information on dumping, injury, and the
causal relationship between dumping and injury.
6. DISCLOSURE OF ESSENTIAL FACTS (Topic 7, Article 6.9)
As explained in Japan's previous submission5, essential facts should include the major
elements that comprise an anti-dumping determination:
- facts regarding the determination of dumping, including the establishment and
comparison of the export price and normal value and the methodology for calculating
the dumping margin;
- facts regarding the determination of injury, including volume of imports, prices,
production volumes, market shares, production capacity, and sales data;
- facts regarding the causal connection between dumping and injury.
7. PUBLIC NOTICES (Topic 8, Article 12)
7.1 Issuance of public notices
Public notices concerning anti-dumping matters are published in the Official Gazette and in
the official notices of the Ministry of Finance and the Ministry of International Trade and Industry.
These documents are not reproduced on a web-site.
The Ministry of International Trade and Industry will provide information on measures taken
in anti-dumping investigations on its web-site, which is available at the following internet address:
http:// www.miti.go.j p/index-e.html.
7.2 Contents of Article 12 public notices
7.2.1 Notice of initiation of investigationWhen the decision to initiate an anti-dumping investigation has been made, the Minister of
Finance will provide written notice to known interested parties, such as the suppliers of the product
under investigation or an association thereof, the importers of the product under investigation or an
                                                     
4 See document G/ADP/AHG/W/42, page 6.
5 See document G/ADP/AHG/W/42, pages 6-7.G/ADP/AHG/W/53
Page 5
association thereof, and the applicant, and will publish a public notice of initiation of an anti-dumping
investigation in the Official Gazette.  The notices contain the following information:
- the name and address of such applicant;
- the descriptions, name, type, model and features of the product subject to the
investigation;
- suppliers or supplying country of the product subject to the investigation;
- the date on which the investigation is initiated;
- duration of investigation.
- a description of the subject to be investigated;
- the terms for the following:
(1) the submission of evidence and witnesses;(2) the reference of the evidence (excluding evidence considered to be
confidential);  and
(3) the application for a meeting between parties with adverse interests;  and
- any other relevant matters.
[Cf. the Cabinet Order Relating to Anti-Dumping Duty (hereinafter referred to as "theCabinet Order") Article 8.1.]
If a decision is made not to initiate an investigation, the Minister of Finance will inform the
applicant of the decision in writing with the reasons therefor.  [Cf. the Cabinet Order, Article 8.3.]
7.2.2 Notice of extension of the period of investigation
If the normal period of an anti-dumping investigation is extended, the Minister of Finance
will inform the interested parties of the extension a nd the reasons for the extension in writing, and will
publish a public notice in the Official Gazette.  [Cf. the Cabinet Order, Article 9.]
7.2.3 Notice of offer of undertakingUpon the acceptance of an undertaking to revise the price of the product subject to the
investigation to non-injurious levels or to cease exportation of the product, the Minister of Finance
will provide prompt written notice to the interested parties and will publish a public notice in the
Official Gazette.  The notices will set forth the contents of the undertaking (excluding information
that warrants confidential treatment and that has been presented as confidential by the exporter
offering the undertaking) and the reasons for and the date of the suspension of the investigation or the
continuation of the investigation.  [Cf. the Cabinet Order, Article 14.2.]
When an anti-dumping investigation has been completed after the acceptance of an
undertaking by the investigating authority and the investigation results in an affirmative
determination, the undertaking will not terminate.   If the investigation results in a negative
determination, the undertaking will terminate.  However, where a negative determination is largely
the result of the existence of an undertaking, the undertaking will not terminate.  Subsequent to the
affirmative or negative determination, the Minister of Finance will provide prompt written notice tothe interested parties and will publish a public notice in the Official Gazette that the undertaking will
not terminate or has terminated, as the case may be, with the reasons therefor.  [Cf. the Cabinet Order,
Article 14.4.]
When an undertaking has terminated because of a negative determination in an anti-dumping
investigation or because it has become invalid (for example, because the period specified in the
undertaking has expired), the Minister of Finance will provide prompt written notice of this fact and
the reasons therefor to the interested parties and will publish a public notice in the Official Gazette.
[Cf. the Cabinet Order, Article 14.5.]G/ADP/AHG/W/53
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7.2.4 Notice of imposition of anti-dumping duty.
The Minister of Finance will promptly provide to the interested parties with written notice of,
and will publish it in the Official Gazette, a decision to impose anti-dumping duties, a decision tomodify or terminate anti-dumping duties, a decision to impose a provisional duty or to require a
security deposit in the amount of the provisional duty, or the expiration of the period specified in an
anti-dumping duty order.  The notices of the Minister of Finance will contain the following
information:
- the description, type, model, and features of the products;
- the supplier or supplying country of the products;- the period prescribed by the preliminary or final anti-dumping duty order including, if
necessary, the termination date of the anti-dumping duty;
- the facts identified by investigations and the conclusions obtained therefrom;
- the products concerned and reason for determination when it is determined to impose
an anti-dumping duty;  and
- any other relevant matters.
[Cf. the Cabinet Order, Article 16.1.]
When as the result of an investigation a decision is made not to impose an anti-dumping duty
or to modify or terminate an existing anti-dumping duty, the Minister of Finance will provide theinterested parties with written notice of, and will publish it in the Official Gazette, the following
information:
- the description, type, model, and features of the products subject to the investigation;
- the supplier or supplying country of the products subject to the investigation;- the fact identified by investigations an d the conclusions obtained thereof;  and
- any other relevant matters.
[Cf. the Cabinet Order, Article 16.2.]
When an investigation is determined to be su spended (except the case where an investigation
is determined to be suspended because of the acceptance of an undertaking by the investigating
authority), the Minister of Finance will provide the interested parties with written notice of, and willpublish it in the Official Gazette, the following information:
- the description, type, model, and features of the products subject to the investigation;
- the supplier or supplying country of the products subject to the investigation;
- the facts identified until suspending the investigation and the reason for suspending
the investigation;  and
- any other relevant matters.
[Cf. the Cabinet Order, Article 16.3.]
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