Notification of laws and regulations under
articles 18.5, 32.6 and 12.6 of the agreements

REPLIES TO follow-up QUESTIONS[1] POSED BY THE UNITED STATES
REGARDING THE NOTIFICATION OF GHANA[2]

The following communication, dated and received on 29 April 2025, is being circulated at the request of the delegation of Ghana.

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Question 1

The United States seeks further clarification of the information provided by Ghana in response to Question 2. Section 22, Imposition of Special Import Measures, paragraph 4(c) of the International Trade Act states that the Commission shall have the power to "review its own findings and determination relating to the special import measure."

a._    Please identify the circumstances in which the Commission would conduct a review of a determination.

Reply 1a.:

The Commission may review its own determination under the following circumstances:

(i)      By a sunset review which evaluates the need for a continued imposition of a special import measure, in line with section 23 of the Ghana International Trade Commission (GITC) Antidumping Regulations, 2019 (L.I 2380) and other applicable legal provisions;

(ii)     By a court order following a judicial review of a final decision, recommendation, order or ruling of the Commission, as per Section 43 of the GITC Act 2016, (Act 926).

b._    Please identify the specific types of reviews the Commission may conduct (e.g., to correct clerical or ministerial errors, to assess changed circumstances since the time a duty was first imposed, to consider whether injury is likely to continue or recur if a duty is allowed to expire).

Reply 1b.:

The Commission may conduct a sunset review, judicial review and any other review of its determination as prescribed by its enabling legislation(s) and with due regard to the agreements of the World Trade Organization

Question 2

Ghana's response to Question 4 suggests that pursuant to Section 42, Conduct of Proceedings, paragraph 2 of the International Trade Act, the Commission can hold private meetings with parties and that certain confidential information provided by the parties may not be placed on the public case file, but can be provided in some cases for review by requesting parties under a protective order or as a result of a court order.

a._    Please clarify how another interested party may become aware of the Commission's meeting in private with another party.

Reply 2a.:

An interested party may, in line with Section 48 of the Act, have access to confidential summaries of Commission's meeting held in private with another party, upon the issuance of a business information protective order by the Commission, and in the context of judicial proceedings in a court of competent jurisdiction.

The Commission may, pursuant to the Right to Information Act, 2019 (Act 989), grant a request by an interested party for non-confidential summaries of Commission's meeting held in private with another party.

b._    Does the Commission provide notice on the record of an investigation of all meetings that it conducts with interested parties?

Reply 2b.:

In accordance with Section 50 of GITC Act, 2016 (Act 926), where the Commission is required to publish a notice or decision, the Commission shall publish the notices or the decision in the Gazette.

c._    Please also clarify whether public summaries of private meetings with parties will be placed on the public case file for interested parties to access.

Reply 2c.:

The Commission shall ensure that all information that is provided on a confidential basis for the purpose of an investigation is treated as strictly confidential and not accessible to third parties. The Commission may, where circumstances so require, create public summaries of private meetings to be placed on the public case file and accessible to interested parties.

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