   
  
G/ADP/Q1/BOL/4  
G/SCM/Q1/BOL/4  
G/SG/Q1/BOL/1  
 
6 October  2020 
(20-6847) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES REGARDING  THE NOTIFICATION  
OF THE PLURINATIONAL STATE OF BOLIVIA1 
The following c ommunication, dated 2 October  2020, is being circulated at the requ est of the 
delegation of the United States.  
 
_______________  
 
 
The United States thanks the Plurinational State of Bolivia for its notification of Supreme Decree 
No. 4069 and Ministerial Re solution No. 1652,  and poses the following questions:  
Antidumping and Countervailing Measures  
Question 1  
Please clarify whether there is any requirement for interested parties to a proceeding to officially 
register as such with the investigating authority.  
Question 2 
Annex I, Chapter I Article 3 of Ministerial Resolution No. 1652  (hereinafter "Resolution ") states 
"{t}he investigation and the imposition of anti -dumping and countervailing duties are in the public 
interest and ... provided that there is a link to the unfair practice of dumping or subsidies " (emphasis 
added) . Annex I, Chapter IV, Article 27.I states tha t "{i}t must be demonstrated that the imports 
subject to unfair practices (dumping or subsidies) have significantly contributed  to the injury 
affecting the domestic industry by means of ... "(emphasis added).  Please confirm that any 
determination and imposi tion of antidumping or countervailing duties will follow only after it has 
been shown that these dumped or subsidized imports are causing  injury, as required by Article 3.5 
of the WTO Agreement on Implementation of Article VI of the General Agreement on Ta riffs and 
Trade 1994 and Article 15.5 of the WTO Agreement on Subsidies and Countervailing Measures.  
Question 3 
Annex I, Chapter I, Article 3 of the Resolution lays out the terms for a general interest assessment 
of antidumping or countervailing duties in order to assess whether or not they are in the general 
economic interest of the country.  Please clarify what authority is responsible for this assessment and 
whether the assessment is limited to the investigation period, or may be made on an on -going or 
continuing basis.  
 
1 G/ADP/N/1/BOL/3  - G/SCM/N/1/BOL/3  - G/SG/N/1/BOL/2 (dated 12 February 2020). For the sake of 
efficiency, the United States suggests that committee review for questions 1 -15 be conducted in the 
Committee on Anti -Dumping Practices, while committee review for questions 16 and 17 be conducted in the 
Committee on Safeguards . G/ADP/Q1/BOL/4 • G/SCM/Q1/BOL/4 • G/SG/Q1/BOL/1  
 
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  Question 4 
Annex I, Chapter II, Article 6 of the Resolution  references instances where normal value may be 
based on other means.  
a. One of those instances is listed as a "particular market situation ". Please explain how the 
investigating authority defines what would constitute a "particular market situation ". 
Please provide an example of what the investigating authority would consider to be a 
"particular market situation ". 
b. Is there any hierarchy to the selection of an alternative normal value methodology as 
described under Annex I, Chapter II, Article 6?  
c. Article 6(IV) lists transactions that "shall not be deemed to be in the ordinary course of 
trade or used to calculate the normal value ". Please explain what types of transactions 
could be encompassed by the reference in Article 6(IV)(d) to "other transactions, as 
established by the Investigating Authority ". 
Question 5 
Annex I, Chapter II, Article 7 of the Resolution  permits the Vice Ministry of Tax Policy , under the 
Ministry of the Economy and Public Finance (hereinafter "investigating authority ") to use, among 
other methods, "any other method " for calculating normal value in cases involving centrally planned 
economies.  Please explain what "other methods " might be used, when "other methods " are 
employed, and what guidelines or limits the investigating authority uses in its normal value 
calculations in these instances.  
Question 6 
Please clarify how the administering authority will determine whether an econom y meets the 
conditions necessary for being treated as a centrally planned economy under Annex I, Chapter II, 
Article 7 of the Resolution.  
Question 7 
If the investigating authority initiates an antidumping, countervailing duty, or safeguard 
investigation ex officio  in the manner prescribed under Annex I, Chapter VI, Article 35 of the 
Resolution , please explain what information the authority will provide to interested parties to support 
the initiation of the investigation.  
Question 8 
Regarding the submission of eligibility applications for "other parties " and "their respective legal 
representatives " in Annex 1, Chapter VI, Article 35.III of the Resolution , please clarify whether all 
parties that desire to participate in a trade remedy proceeding must retain le gal representation in 
order to participate.  What eligibility requirements must be met by these parties in order to participate 
and what form must their eligibility applications take?  
Question 9 
Will the preliminary technical report provided to the Committe e on the Evaluation of Trade Practices 
discussed under Annex I, Chapter VIII, Article 43 of the Resolution be made available to interested 
parties in the investigation?  If so, how will interested parties gain access to the preliminary technical 
report?  
a. If the report will not be made public, please confirm that the authority will provide a 
sufficiently detailed summary of the underlying facts under consideration for their decision.  
How will interested parties be able to access that summary?  G/ADP/Q1/BOL/4 • G/SCM/Q1/BOL/4 • G/SG/Q1/BOL/1  
 
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  b. In addition, plea se clarify how and in what timeframe interested parties will have to 
provide comments on the preliminary technical report (and any other "necessary 
documents " described in Article 43) and proposed measures.  
c. Are preliminary technical reports required in eve ry antidumping or countervailing duty 
investigation?  
Question 10 
Regarding Annex I, Chapter VIII, Article 43 of the Resolution , once the preliminary technical report 
is provided to the Committee on the Evaluation of Trade Practices by the Investigating Aut hority, 
how many calendar or working days does the Committee have to authorize the Ministry of the 
Economy and Public Finance to draft a Supreme Decree establishing how the provisional measure, 
if any, will be applied?  
Question 11 
Regarding Annex I, Chapte r X, Article 48 of the Resolution , please clarify if the time period for 
conclusion of the investigation includes the time period in which final measures, if any, must be 
imposed.  Alternatively, is there a specific amount of time, following conclusion of the investigation, 
in which measures, if any, must be imposed?  
Question 12 
Under Annex I, Chapter X, Article 55.IV and Annex II, Chapter VII, Article 33 of the Resolution , will 
refunds or release of securities be automatic if no final definitive antidumping, countervailing, or 
safeguard measures are imposed, or must parties affir matively request refunds or release of 
securities upon a negative final determination?  If the latter, how must parties request this?  If funds 
are released, will interest be paid to account for the period during which funds were held between 
the preliminary  determination and the termination of the investigation?  
Question 13 
Please confirm that exporters of merchandise subject to retrospective duties under Annex I, 
Chapter  XII, Article 58 of the Resolution  will be given the opportunity to comment on the 
investigating authority 's consideration of these duties before they are applied.  
Question 14 
Please clarify whether the request for sunset reviews by interested parties in Annex I, Chapter XIII, 
Article 64 of the Resolution  must be requested at least four month s before the beginning  of the fifth 
year of any measure imposed or four months before the expiration  of the fifth year of any measure 
imposed?  
Question 15 
If an anti -circumvention investigation is initiated under Annex I, Chapter XIV, Article 69 of the 
Resolution , how will exporters and governments of the countries involved be notified?  Will interested 
parties be able to fully participate in defending their interests during the proceeding?  What is the 
process and timeframe for parties to participate in such  a proceeding?  
Safeguard Measures  
Question 16 
With regard to the public hearing for a safeguard proceedings referenced in Annex II, Chapter VI, 
Article 23, will the authority only provide a public notice of the upcoming hearing, or will the authority 
also provide direct notice to each interested party already participating in the proceeding?  G/ADP/Q1/BOL/4 • G/SCM/Q1/BOL/4 • G/SG/Q1/BOL/1  
 
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  Question 17 
Annex II, Chapter X, Article 40 of the Resolution  states "{t}he consultations shall be held within 
30 days… "; however, it is not clear as to which event triggers the 30 -day period.  Please clarify the 
event from what the 30 -day period for consultations is provided.  
 
__________  