. /.WORLD TRADE
ORGANIZATIONG/ADP/Q1/PER/19/Suppl.1
G/SCM/Q1/PER/19/Suppl.1
29 August 2003
(03-4550)
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 EUROPEAN COMMUNITIES
Regarding the Notification of PERU1
Supplement
The following communication, dated 27 August 2003, has been received from the Permanent
Delegation of the European Commission.
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1. Title IV:  does Peru have any provisions on cumulation of imports in accordance with
Article 3.3 of the Anti-Dumping Agreement (“ADA”)?
2. Article 20(ii) provides that in exceptional circumstances the territory may be divided into two
or more competitive markets in accordance with Article 4.1(ii) ADA, but does not contain a provision
corresponding to Article 4.2 ADA.  Please clarify whether Article 4.2 ADA will be applied directly.
3. Article 28, paragraph 2 provides that the interested parties may submit comments on the
document of Essential Facts within a maximum of ten days calculated from the day following their
notification.  Can this time-limit be extended, e.g. in cases where the notification and the receipt of
this document do not timely coincide?
4. Pursuant to Article 29, paragraph 3 the Commission shall impose a fine on parties who
obstruct the taking of evidence (…), or in any way hinder or obstruct the normal conduct of the
investigation procedure.  Please clarify how Peru intends to apply this provision.  How is it consistent
with the right of interested parties not to cooperate in an investigation?
5. Title VI, Chapter II: please clarify whether Peru carries out verification visits in accordance
with Article 6.7 ADA and has any rules on such verifications?
6. Article 46, paragraph 2 states that provisional or definitive anti-dumping duties constitute
fines and not any form of taxation.  Please clarify the meaning and legal consequences of thisprovision.
7. Please clarify whether Article 52 constitutes the implementation of Article 9.3.2 ADA?
                                                     
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8. The Supreme Decree does not contain provisions on public notices.  Does Peru intend to
apply Article 12 of the Anti-Dumping Agreement directly in this respect?
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