RESTRICTED
WORLD TRADE G/ADP/W/83
G/SCM/W/92
ORGANIZATION 17October 1995
(95-3130)
Original: English Committee onAnti-Dumping Practices
Committee onSubsidies andCountervailing Measures
QUESTIONS CONCERNING THE NOTIFICATIONS PROVIDED BY
THE GOVERNMENT OFPERU1OFLAWS AND REGULATIONS
UNDER ARTICLES 18.5AND 32.6OFTHE AGREEMENTS
Thefollowing communication, dated 29September 1995, hasbeenreceived fromthePermanent
Mission ofAustralia.
_______________
Please findenclosed thewritten questions submitted byAustralia inview ofthelegislation
review tobecarried outinthenextmeeting oftheAnti-Dumping andCountervailing Measures
Committees.
1. Since Peruhasnotyetadopted itsdraftregulation fortheWTO Anti-Dumping andSubsidies
Agreements, doesthismean thatPeruwillnotbetaking anyanti-dumping orcountervailing dutyactions
before theregulation hasbeenadopted? Ifnot,howwillPeruensure consistency withtheWTO
agreements?
2. Could Peruprovide clarification onthefollowing points regarding theincorporation ofthe
WTO Anti-Dumping andSubsidies Agreements intothePeruvian legalsystem.
(a) What isthehierarchy between these WTO agreements andother Peruvian legislation,
regulations, andother administrative rules?
(b) Will subsequent laws (including regulations andother administrative rules) take
precedence over theWTO agreements? Forexample, would theforeshadowed
regulation takeprecedence overtheWTO agreements ifacourt found thatthere was
aconflict?
(c) Intheabsence ofaspecific provision inregulations, which levels ofofficials would
havetheauthority tointerpret theWTO agreements todetermine procedure inananti-
dumping orcountervailing dutyaction?
(d) Intheevent ofaconflict between theWTO agreements andother laws, could
investigating officials decide which lawshaveprecedence?
1G/ADP/N/1/PER/1 andG/SCM/N/1/PER/1.
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G/SCM/W/92
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(e) Could aninterested party appeal tothecourts about theinterpretation oftheWTO
agreements byofficials?
(f) How would Peru handle aconflict inviews overtheinterpretation oftheWTO
agreements between aPeruvian court andtheWTO Dispute Settlement Body?