Committee on Anti-Dumping Practices - Committee on Subsidies and Countervailing Measures - Committee on Safeguards - Notification of laws and regulations under articles 18.5, 32.6 and 12.6 of the Agreements - Follow-up questions to the replies to questions posed by the United States regarding the notification of Ghana
作者:United States
文件編號:G/ADP/Q1/GHA/3, G/SCM/Q1/GHA/3, G/SG/Q1/GHA/3

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


The following communication, dated and received on 12 March 2021, is being circulated at the request of the delegation of the United States.





The United States thanks Ghana for its replies to the questions from the United States regarding Ghana's notification of laws and regulations under Articles 18.5, 32.6, and 12.6 of the Agreements, and poses the following follow‑up questions:

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.

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).

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.

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

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.

[1] G/ADP/Q1/GHA/2 ‑ G/SCM/Q1/GHA/2 ‑ G/SG/Q1/GHA/2. For the sake of efficiency, the United States suggests that committee review for all follow‑up questions be conducted in the Committee on Anti‑Dumping Practices.

[2] G/ADP/SCM/Q1/GHA/1 ‑ G/SCM/Q1/GHA/1 ‑ G/SG/Q1/GHA/1.

[3] G/ADP/N/1/GHA/2 ‑ G/SCM/N/1/GHA/2 ‑ G/SG/N/1/GHA/2.