   
  
  
G/ADP/Q1/MDG/1  
G/SCM/Q1/MDG/1  
G/SG/Q1/MDG/1  
 
3 April 2019 
(19-2130) Page: 1/3 
Comm ittee 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 MADAGASCAR1 
The following c ommunication, dated 2 April  2019, is being circulated at the requ est of the delegation 
of the United States.  
 
_______________  
 
 
The United States thanks Madagascar for its notification of Article 7 of Law No. 2018 -020 of 
23 August 2018 revising the law on competition  and Decree No. 2017 -695 of 16 August 2017 
establishing applicable trade remedy procedures and poses the following questions:  
 
Question 1  
 
Please clarify what legal authority takes precedence in the event of a conflict between Article  7 of 
Law N o. 2018 -020 of 23 August 2018 revising the law on competition (hereinafter Article 7) and 
Decree No. 2017 -695 of 16 August 2017 establishing applicable trade remedy procedures 
(hereinafter Decree) and the relevant WTO agreements (i.e., Agreement on Impleme ntation of 
Article VI of the General Agreement on Tariffs and Trade 1994, Agreement on Subsidies and 
Countervailing Measures, and Agreement on Safeguards).  
 
Question 2 
 
Article 5 of the Decree states that "[i]n all cases where the Competent Authority decid es to initiate 
an investigation, it must publish a notice of initiation of investigation in at least two newspapers 
authorized to receive legal notices ". Article 65 states that "all provisional measures taken shall be 
published in the Official Journal of t he Republic of Madagascar. " Please clarify whether notifications 
related to anti -dumping, countervailing duty, and safeguards proceedings (e.g., initiation, 
preliminary, and final determinations) are to be published in the Official Journal, including notic es of 
initiation of an investigation.  
 
Question 3 
 
Articles 7 and 101 of the Decree state, respectively, "[s]ubject to the duty to protect 
confidential  information, evidence submitted in writing by one party must be made available to the 
other interested parties. ", and "[d]uring the investigation process, each interested party may submit 
its evidence and views, which shall be communicated to the other interested parties by the 
Competent Authority ". Please clarify how the interested parties will obtain or r eceive evidence 
and views submitted by other interested parties. Will the Competent Authority communicate 
                                                
1 G/ADP/N/1/MDG/2 -G/SCM/N/1/MDG/1 -G/SG/N/1/MDG/2  (dated 20 November 2018). For the sake of 
efficiency, the United States suggests that committee review for questions 1 -4 and 9 be conducted in the 
Committee on Anti -Dumping Practice s, while committee review for questions 5 -8 be conducted in the 
Committee on Safeguards.  G/ADP/Q1/MDG/1 • G/SCM/Q1/MDG/1 • G/SG/Q1/MDG/1  
 
- 2 - 
 
  such evidence and views to other interested parties or will parties be required to check a non -
confidential case file ?  
 
Question 4 
 
With regard to  Articles 26 and 106 of the Decree , please clarify the process by which interested 
parties shall "make themselves known " to the Competent Authority following initiation of an 
investigation or at any time during the investigation. For example, will the Comp etent Authority 
require interested parties to register ? If so, will procedures and applicable deadlines for registering 
as an interested party be provided in the notice of initiation ?  
 
Question 5 
 
Articles 111 and 112 of the Decree discuss what factors th e Competent Authority will evaluate in 
determining whether imports have caused or threated to cause serious injury to the domestic 
industry.   
 
a. Please confirm that the Competent Authority will examine all relevant factors of an objective 
and quantifiable n ature having a bearing on the situation of that industry, including such 
factors that may not be listed in the Decree .  
b. Please confirm that the Competent Authority will consider whether factors, other than 
increased imports, may be causing injury to the do mestic industry and shall not attribute such 
injury to increased imports.  
 
Question 6 
 
In Article 117 of the Decree , Madagascar states that it may impose a safeguard measure once it has 
publicized the investigation to all interested parties and "the latter  have had the opportunity to 
comment and submit their views regarding the views of other parties. " 
 
a. Will the Competent Authority hold public hearings or provide other opportunity for interested 
parties in a public setting to make presentations before the C ompetent Authority and respond 
to the views of other participants?  
b. At what point in the investigation will interested parties have the opportunity to submit their 
views, and will those views be made available to other interested parties and, if so, in what  
form – for example, will they be made available in electronic form on a publicly accessible 
website ?  
c. Will interested parties have an opportunity to view and then comment on the views of other 
interested parties?  
d. Does the Competent Authority plan to publish procedural rules and/or an official 
notice  that sets out the procedures they will follow in investigations and/or in specific 
investigations ?  
 
Question 7 
 
Regarding the application of a new safeguard measure under Article 124 of the Decree , please  
confirm that the application of safeguards will be consistent with the time periods listed in Articles  7.5 
and 7.6 of the WTO Agreement on Safeguards.  
 
Question 8 
 
Article 125 of the Decree states that the notice of the findings and conclusions of the Com petent 
Authority will "indicate the existence of a report setting forth the findings and reasoned conclusions 
on the following points ". Please clarify if and how interested parties can access the underlying report 
that will be referenced in the notice so t hat a full understanding of the findings and conclusions can 
be examined.  
 G/ADP/Q1/MDG/1 • G/SCM/Q1/MDG/1 • G/SG/Q1/MDG/1  
 
- 3 - 
 
  Question 9 
 
Regarding the opportunities for parties to appeal trade remedy decisions:  
 
a. What is the appropriate court of review for appeals of antidumping, countervailing duty, or 
safeguard decisions?  
b. Please clarify whether all aspects of an investigation are subject to appeal or only certain 
decisions, such as, for example, the decision to impose provisional or final duties or the 
calculation methodologies used.  
 
 
 
__________  