. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/THA/15
G/SCM/Q1/THA/15
20 April 2000
(00-1629)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by ARGENTINA Regarding
the Notification of THAILAND1
The following communication, dated 13 April 2000, has been received from the Permanent
Mission of Argentina.
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1. Article 10, in referring to petitions for anti-dumping investigations, countervailing
investigations, undertakings, etc., says that the Ministry of Commerce is authorized to issue
notifications prescribing fees or expenses in the amount commensurable to such tasks.
The Government of Thailand is asked to clarify whether this means that the procedure is not
free of charge for domestic producers.  If so, are other parties wishing to take part in the investigation
required to pay something?
2. Article 31 sets out a situation where, after the publication of the notice of initiation, "if there
are reasonable grounds to believe that eventually the final anti-dumping duty may be collected
retroactively prior to the date of application of provisional measures, the Committee may assign the
Customs Department to impose a duty on the subject merchandise imported during such period".
Could the Government of Thailand clarify whether this rule relates to Article 10.6 of the
Anti-Dumping Agreement?
At what point "After the publication of the notice of initiation" can the authority apply this
article?
How does this article tie in with the terms of Article 42 of the same Act?On the basis of what information is a determination made that there are reasonable grounds to
believe that eventually the final anti-dumping duty may be collected retroactively?
3. Article 52 states that where a final determination of a threat of injury or material retardation is
made, the Committee may impose a duty only from the date of that determination and any provisional
duty imposed shall be reimbursed in an expeditious manner.
                                                     
1 G/ADP/N/1/THA/4-G/SCM/N/1/THA/4G/ADP/Q1/THA/15
G/SCM/Q1/THA/15
Page 2
How does this tie in with Article 10.2 of the Anti-Dumping Agreement, regarding the
possibility of retroactively applying anti-dumping duties with a final determination of a threat of
injury for the period for which the provisional measures have been applied, where the effect of the
imports would have led to a determination of injury if those provisional measures had not beenapplied (possibility of retroactive application of definitive measures in the case of a threat of injury).
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