. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/EGY/2
G/SCM/Q1/EGY/2
6 April 1999
(99-1350)
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 COMMUNITY
Regarding the Notifications of EGYPT1
The following communication, dated 26 March 1999, has been received from the Permanent
Delegation of the European Commission.
_______________
Law No. 161/1998
Article 1
Does the second sentence of the indent concerning the "independent buyer" define the
instances whereby the buyer is considered as independent to the importer in an exhaustive or
indicative way?
Article 15
This Article lists the information to be prov ided by the applicant when alleging material
retardation in the establishment of a new industry.  Are the conditions of Article 15 an addition to
those laid down in Article 14, second paragraph, or are they the only conditions to be fulfilled in case
a material retardation of such industry is claimed?  In particular, what information would be used toshow that the dumped imports materially retarded the establishment of a domestic industry?
Article 20
What "special circumstances" (Article 5(6) of the WTO Anti-Dumping Code) are necessary
before the Investigating Authority can self-initiate an investigation?
Article 21
"The Investigation Authority shall notify the go vernments of the countries concerned with the
applications already accepted before proceeding to initiate an investigation".  In this context, how
does Egypt ensure compliance with the rules set out in Article 5(5) of the WTO Anti-Dumping Code?
Furthermore, what obligations/precautions exist to  prevent any publicizing of the application to any
other party before a decision is taken to initiate an investigation?
                                                     
1 G/ADP/N/1/EGY/2 and G/SCM/N/1/EGY/2.G/ADP/Q1/EGY/2
G/SCM/Q1/EGY/2
Page 2
Article 34
To what extent must domestic sales be made at a loss before a constructed normal value can
be used?
Article 42
Will applications alleging material retardation in the establishment of a new industry lead  to
an actual investigation, or simply an evaluation of the contents of the application?
Article 47
Will newcomer reviews be carried out on an accelerated basis?
Article 49/56
"Price undertakings shall be maintained for a reasonable period of time".  What is meant by "a
reasonable period of time"?  Will Egypt ensure compliance with Article 11(5) of the WTO Anti-
Dumping Code, i.e. that undertakings should also be subject to sunset reviews?
Article 51
How does the unconditional inclusion of a threat of material injury as justification for
retroactive application of measures accord with Article 10(2) of the WTO Anti-Dumping Code?
__________