. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/TTO/1
G/SCM/Q1/TTO/1
20 October 1999
(99-4528)
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 TRINIDAD AND TOBAGO1
The following communication, dated 18 October 1999, has been received from the Permanent
Mission of the United States.
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1. The Republic of Trinidad and Tobago Act No. 23 of 1995 amended the definition of
“industry” in Section 3 of Trinidad and Tobago’s Anti-Dumping and Countervailing Duties Act, 1992(“the Act”) to include producers of like goods “whose collective output constitutes at least 25 per cent
of the Trinidad and Tobago production of such like goods.”  How does this comport with Article 4.1
of the WTO Anti-Dumping (A-D) Agreement and Article 16.1 of the WTO Subsidies and
Countervailing Measures (SCM) Agreement, which contain no percentage limitation, but refer to
collective output constituting a “major proportion” of total domestic production?
2. A new Section 19A(1) was added to the Act, providing that parties may request to be
informed of the essential facts and considerations on the basis of which is made the recommendation
for the imposition of an anti-dumping duty or coun tervailing duty.  How does this provision making
such information available only upon request comport with Article 6.9 of the A-D Agreement and
Article 12.8 of the SCM Agreement, which provide that the “authorities shall, before a final
determination is made, inform all interested parties of the essential facts under consideration whichform the basis for the decision whether to apply definitive measures?”
3. Amended Sections 3A, 6(1), 6(2), 18(5), and 28(1) of the Act, as well as various sections of
the Anti-Dumping and Countervailing Duty Regulations 1996 (“the Regulations”), refer to
“actionable injury.”  How is this term defined?
4. Is Section 10(1) of the Regulations consistent with Article 3.4 of the A-D Agreement and
Article 15.4 of the SCM Agreement, insofar as Section 10(1) omits “factors affecting domestic
prices,” which are stated in both the A-D and SCM Agreements, and also omits “the magnitude of the
margin of dumping,” which is also stated in the A-D Agreement?  Is the list contained inSection 10(1) of the Regulations, regarding the fa ctors the Authority examines when a complaint of
injury is made, exhaustive?
5. Is Section 10(6) of the Regulations consistent with Article 4.1(ii) of the A-D Agreement and
Article 16.2 of the SCM Agreement, in that Section 10(6) refers to a finding of injury “where a
                                                     
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substantial portion of the domestic industry” is not injured and the Agreements refer to such a finding
in the case of  “a major portion of the total domestic industry?”  Further, are these provisions
consistent, in that Section 10(6) refers to the dumped or subsidized imports causing injury to “the
producers of all the production” and the Agreements refer to such imports causing injury to “theproducers of all or almost all of the production?”
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