. /.WORLD TRADE
ORGANIZATIONG/ADP/Q1/ZWE/7
G/SCM/Q1/ZWE/7
10 April 2003
(03-1979)
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 ZIMBABWE1
The following communication, dated 9 April 2003, has been received from the Permanent
Mission of the United States.
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1. What is the relationship between the (Compe tition (Anti-Dumping and Countervailing Duty)
(Investigation) Regulations, 2002 ("AD/CVD Regulatio ns") and Part VI of the Customs and Excise
Act, which was the subject of the Government of Zimbabwe’s Notification of Laws and Regulations
under Articles 18.5 and 32.6 of the Agreements (7 February 1996), G/ADP/N/1/ZWE/2,
G/SCM/N/1/ZWE/2?
2. Sections 7(3)(b) and 21(3)(b) of the AD/CVD Regulations provide for the publication of a
notice of provisional measures which is to include the reasons for the determination.  How will the
Government of Zimbabwe ensure that the additional requirements of Article 22.4 of the SCMAgreement and Article 12.2.1 of the AD Agreement are also met?
3. Sections 7(1)(b), 9(1)(b), 21(1)(b) and 23(1)(b) of the AD/CVD Regulations provide for
determinations of prejudice (which appear to be equivalent to injury in the AD and SCM
Agreements).  How will the Government of Zimbabwe apply these sections of its AD/CVDRegulations to ensure that it complies with Article 3.1 of the AD Agreement and Article 15.1 of the
SCM Agreement?
4. Sections 7(1)(b)(i), 9(1)(b)(i), 21(1)(b)(i) and 23(1)(b)(i) of the AD/CVD Regulations permit
a finding of threat of material prejudice.  How wi ll the Government of Zimbabwe apply these sections
of its AD/CVD Regulations to ensure that it complies with Article 3.7 of the AD Agreement and
Article 15.7 of the SCM Agreement?
5. Section 8 of the AD/CVD Regulations appears to provide that provisional measures may be
applied “[o]n or before” notice of a preliminary determination is issued in a countervailing duty case.The comparable provision for an antidumping duty investigation provides that provisional measures
may be imposed “on or after” notice of an affirmative preliminary dumping determination.  Does the
language in section 8 of the notification accurately reflect Zimbabwe’s regulation?  If so, under what
circumstances would Zimbabwe impose provisional measures prior to a preliminary affirmative
countervailing duty determination?
                                                     
1 G/ADP/N/1/ZWE/2/Suppl.1-G/SCM/N/1/ZWE/2/Suppl.1.G/ADP/Q1/ZWE/7
G/SCM/Q1/ZWE/7
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6. Section 8(4) of the AD/CVD Regulations provides that provisional measures in a
countervailing duty investigation shall lapse after four months unless the Minister specifies a longer
period.  Under what circumstances may the Minister specify a longer period?  How will such a longerperiod be consistent with Article 17.4 of the SCM Agreement?
7. Sections 10(3)(a) and (b) of the AD/CVD Regulations refer to “prescribed percentages” for
determining negligible subsidy amounts and import volumes.  Has the Government of Zimbabwe
prescribed the percentages that will apply pursuan t to section 10(3) of its AD/CVD Regulations and,
if so, where?
8. Sections 11(11) and 25(11) of the AD/CVD Regulations refer to the use of facts available to
complete an investigation that is resumed follow ing the violation of an undertaking.  Under what
circumstances will the use of facts available be justified to complete an investigation if all interested
parties have supplied all necessary information?
9. Article 6.9 of the AD Agreement and Article 12.8 of the SCM Agreement provide that before
a final determination is made all interested parties shall be informed of the essential facts under
consideration which form the basis for the decision whether to apply definitive measures and that such
disclosure should take place in sufficient time for the parties to defend their interests.  While
section 31(8) of the AD/CVD Regulations provides  that the Commission shall, before a final
determination, inform all interested parties of the essential facts under consideration which form the
basis for the final decision, the provision does not further specify when this disclosure will occur.
How will the Government of Zimbabwe ensure that the disclosure of the essential facts occurs in time
for parties to defend their interests?
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