INDEX

I

 

Index:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X, Y, Z


The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.


Illustrative List of Export Subsidies (SCM Annex I)

charge on the public account constituting GATT XVI export subsidy (item (l))

currency retention schemes (item (b))

direct subsidies contingent upon export performance (item (a))

exemption, remission or deferral of direct taxes or social welfare charges (item (e))

deferral not amounting to export subsidy (footnote 59)

exemption, remission or deferral of prior-stage cumulative indirect taxes (item (h))

exemption or remission of indirect taxes (item (g))

export credit guarantee or insurance programmes at inadequate premium rates (item (j))

export credits at rates below actual cost of funds so employed (item (k))

international undertaking on official export credits (item (k), second paragraph) (“safe haven”)

“used to secure a material advantage”

provision of goods or services for use in production more favourable than … (item (d))

relationship with SCM 3.1(a), determination by footnote 5

remission or drawback of import charges (item (i)): see also consumption of inputs in the production process, Guidelines (SCM Annex II); substitution drawback systems as export subsidies, Guidelines in the determination of (SCM Annex III)

special deductions in calculation of direct tax base (item (f))

terminology (footnote 58)

“cumulative”

“direct taxes”

“direct taxes” (GATS XXVIII(o))

“import charges”

“indirect taxes”

“prior-stage”

“remission”

“remission or drawback”

transport and freight charges more favourable than for domestic shipments (item (c))

implementation of panel or AB recommendations (DSU 19.1)

“Member concerned” (footnote 9)

recommendation to “bring into conformity”

regional or local governments, reasonable measures to ensure observance (DSU 22.9)

right of panel or AB to make suggestions

implementation of recommendations and rulings of the DSB (DSU 21): see also compensation for non-compliance with covered agreement or DSB recommendations and rulings (DSU 22); suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22)

disagreement over existence of implementing measures or compliance with covered agreement (DSU 21.5)

resort to dispute settlement mechanisms

time frame for panel report

delay, report to DSB with reasons for

impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau)

“reasonable period”

15-month guideline (DSU 21.3(c))

as agreed by parties (DSU 21.3(b))

as determined through binding arbitration (DSU 21.3(c))

developing country Members and (DSU 21.2)

“particular circumstances” (DSU 21.3(c))

as proposed by Member and approved by DSB (DSU 21.3(a))

time-limit for determining (DSU 21.4)

monitoring by DSB (DSU 2.1, 21.6 and 22.8)

prompt compliance (DSU 21.1)

right of Member to raise issue of implementation (DSU 21.6)

developing country Member and (DSU 21.7)

impact on economy, relevance (DSR 21.8)

import licences or permits: see Import Licensing Procedures Agreement (LIC); non-discriminatory administration of quantitative restrictions (GATT XIII), import licences or permits

“import licensing” (LIC 1.1)

Import Licensing Procedures Agreement (LIC): see also Committee on Import Licensing (LIC 4)

administrative burden, avoidance (Preamble and LIC 3.2)

applicability and definitions

“automatic import licensing” (LIC 2.1)

“governments” (LIC 1.4(a) and footnote 3)

“import licensing” (LIC 1.1)

“non-automatic import licensing” (LIC 3.1)

automatic import licensing (LIC 2)

applicability (footnote 4)

circumstances in which required (LIC 2.2(b))

definition (LIC 2.1)

developing country Members and (footnote 5)

restricting effects on imports, avoidance (LIC 2.2(a))

confidentiality, respect for (LIC 1.11)

law enforcement and

protection of commercial interests and

public interest and

conformity with GATT principles and obligations requirement (LIC Preamble and 1.2)

conformity of laws, regulations and administrative procedures with LIC Agreement (LIC 8.2(a))

obligation to inform LIC Committee of changes (LIC 8.2(b))

consultation and dispute settlement (LIC 6)

developing country Members and (Preamble and LIC 1.2): see developing country Members (LIC)

documentation errors (LIC 1.7)

exceptions or derogation, possibility of (LIC 3.4)

foreign exchange, availability (LIC 1.9)

information, right to (LIC 1.5)

least developed country Members and (LIC 3.5(j))

minor variations in value, quantity or weight (LIC 1.8)

neutrality in application and administration in a fair and equitable manner, need for (LIC 1.3)

non-automatic import licensing (LIC 3)

full utilization of quotas (LIC 3.5(h))

importation in accordance with issued licences (LIC 3.5(h))

licences, issue and allocation (LIC 3.5)

compensating adjustment (LIC 3.5(l))

duration (LIC 3.5(g))

for economic quantities (LIC 3.5(i))

import performance/utilization of previous licences, relevance (LIC 3.5(j))

new importers including developing and least-developed country Members (LIC 3.5(j))

right to apply for (LIC 3.5(e))

“non-automatic import licensing” (LIC 3.1)

provision of information to Members interested in

supply of product (LIC 3.5(c))

trade in product (LIC 3.5(a))

publication of information relating to

LIC 3.5(b)

LIC 3.5(d)

quotas administered through unallocated licences (LIC 3.5(k))

use of “restriction” in LIC 3.2 and 3.3, relevance

notification obligations (LIC 1.4 and 5)

alleged failure to meet obligations (LIC 5.5)

institution of procedures or modification of existing (LIC 5.1)

publication(s) in which required information is published (LIC 5.4)

required information (LIC 5.2)

modification of existing procedures (LIC 5.3)

time-limits (LIC 5)

objectives (Preamble)

administrative burden, avoidance

administrative procedures and practices

fair and equitable application

simplification and transparency

consultation mechanism and dispute settlement procedure

furtherance of GATT objectives

GATT provisions “as they apply”

international trade, avoidance of impediment to (Preamble and LIC 1.2)

trade, development and financial needs of developing county Members (Preamble)

transparency and predictability

obligations, GATT-consistency of procedures (LIC 1.2)

publication of rules and information: see publication of rules and information (LIC)

reservations, consent, need for (LIC 8)

review of implementation and operation (LIC 7)

2-yearly (LIC 7.2)

annual questionnaire (LIC 7.2)

obligation to complete promptly and in full (LIC 7.3)

factual report (LIC 7.2)

scope (LIC 7.1)

security exceptions (GATT XXI), applicability (LIC 1.10)

simplicity, need for

application and renewal forms (LIC 1.5)

application and renewal procedures (LIC 1.6)

Preamble

time-limits

processing of applications (LIC 3.5(f))

submission of applications (LIC 1.6)

trade-restrictive or trade-distortive effects, avoidance (LIC 3.2)

transparency and predictability requirement (LIC Preamble)

written comment on proposed rules and procedures, right of (LIC 1.4(b))

“import restrictions” (GATT Ad Articles XI, XII, XIII, XIV and XVIII)

income insurance and income safety-net programmes, exemption from domestic support commitments (AG Annex 2, para. 7)

independent review procedures (PSI): see consultation and dispute settlement (PSI), independent review procedures (PSI 4)

Indian and Pakistan, applicability of customs unions and regional trade agreements to (GATT XXIV:11 and Ad Article)

indigenous technology and production methods, preservation (TBT 12.4)

Indonesia — Autos (Panel), special and differential treatment for developing country Members (SCM 27), actionable subsidies (SCM 27.9). nullification or impairment claims, limitation to

industrial design, protection (TRIPS)

copy or substantial copy of design for commercial purposes, right to prevent (TRIPS 26.1)

duration (TRIPS 26.3)

exceptions, right to provide (TRIPS 26.2)

legitimate interests of third parties and

unreasonable conflict with normal commercial exploitation and

unreasonable prejudice to legitimate interests of owner

industrial design or copyright law and (TRIPS 25.2)

requirements

independently created new or original designs (TRIPS 25.1)

technical or functional considerations and (TRIPS 25.1)

“significantly differ from” (TRIPS 25.1)

unreasonable impairment of opportunity to seek, avoidance (TRIPS 25.2)

information about technical regulations: see technical regulations, standards and conformity assessment procedures, information about (TBT 10)

information concerning serious prejudice, panel’s right to seek (SCM Annex V)

additional information, panel’s right to seek (Annex V, para. 9)

adverse inferences: see adverse inferences from party’s refusal to provide information, panel’s right/obligation to draw (SCM Annex V, para. 7)

cooperation in provision of (Annex V, para. 1)

effects in third-country markets (Annex V, para. 3)

facilitation representative of DSB (Annex V, para. 4)

initiation of procedure (Annex V, para. 1)

initiation of procedure to obtain information (Annex V, para. 2)

required information (Annex V, para. 5)

submission to panel, form (Annex V, para. 5 and SCM, Part X)

time-limits (Annex V, para. 5)

information on financial services: see Financial Services, Understanding on Commitments in, information, transfer and processing

information points (PSI 7)

information on public telecommunications, right to (GATS Annex on telecommunications, para. 4)

information or technical advice, panel’s right to seek (DSU 13)

adverse inferences and: see adverse inferences from party’s refusal to provide information, panel’s right/obligation to draw (SCM Annex V, para. 7)

confidential information, protection (DSU 13.1)

“information from any relevant source” (DSU 13.2)

obligation to inform Member of information or advice being sought within its jurisdiction (DSU 13.1)

panel’s rights

to establish group of experts (DSU 13.2 and Appendix 4)

to seek individual advice (DSU 13.2)

prompt and full response, obligation (DSU 13.1)

information or technical advice, panel’s right to seek (SPS 11.2)

advisory technical experts group, panel’s right to establish

international organizations, right to consult

in consultation with parties to the dispute

expert evidence (SPS 11.2)

injury: see determination of injury, requirements (AD 3 and SCM 15); safeguard measures (SG/GATT XIX), conditions (SG 2)

integrated circuits layout designs, protection (TRIPS)

acts not requiring authorization of right holder (TRIPS 37)

good faith use of unlawfully reproduced layout (TRIPS 37.1)

non-voluntary licensing, applicability of TRIPS 31(a)-(k) (TRIPS 37.2)

royalty equivalent, payment of (TRIPS 37.1)

Intellectual Property in Respect of Integrated Circuits Treaty (IPIC), incorporation (TRIPS 35)

“right holder” (TRIPS 36, footnote 9)

term of protection (TRIPS 38)

15 years option (TRIPS 38.3)

registration as condition of protection and (TRIPS 38.1)

registration, non-requirement as condition of protection and (TRIPS 38.2)

unlawful acts (TRIPS 36)

integration process (ATC 2): see quantitative restrictions (ATC 2) (integration process)

intellectual property rights, enforcement procedures (TRIPS): see also remedies (TRIPS)

abuse of, indemnification of defendant (TRIPS 48)

administrative procedures, principles applying to remedies for (TRIPS 49 and 50.8)

costs/expenses

defendant (TRIPS 48)

right holder (TRIPS 45.2)

knowledge of infringement, relevance

counterfeit trademarks, sufficiency of removal of unlawful trade mark (TRIPS 46)

criminal procedures (TRIPS 61)

remedies

imprisonment/fines

seizure, forfeiture and destruction

for wilful trademark counterfeiting or copyright piracy on a commercial scale

damages (TRIPS 45)

“adequate to compensate for injury” (TRIPS 45.1)

“knowingly, or with reasonable grounds to know” requirement (TRIPS 45.1)

decisions, requirements/recommendations (TRIPS 41.3)

availability without undue delay

evidential basis

reasons

writing

disclosure obligations

identity of third persons involved in infringement (TRIPS 47)

proportionality and (TRIPS 47)

TRIPS 43

disposal or destruction

border measures and (TRIPS 59)

criminal proceedings and (TRIPS 61)

materials and implements used in creation of infringing goods

disposal or destruction of goods in infringement (TRIPS 46)

enforcement law in general and (TRIPS 41.5)

evidence (TRIPS 43)

disclosure, right to order (TRIPS 43.1)

confidential information, need to protect

where party has presented sufficient evidence to support claims

failure to cooperate (TRIPS 43.2)

right to make determination on basis of information presented

“within a reasonable period”

exemption of public authorities and officials (TRIPS 48.2)

fair and equitable procedures (TRIPS 42)

acquisition and maintenance of rights, applicability to (TRIPS 62.4)

“burdensome requirements”, avoidance

personal appearances

complication and cost, avoidance (TRIPS 41.2)

confidential information, need to protect (TRIPS 42 and 43.1)

delays/unreasonable time-limits, avoidance

need for (TRIPS 41.2)

“right holder” (footnote 11)

right to be heard on allegations or evidence, need for (audi alteram partem) (TRIPS 41.3 and 42)

right to substantiate claims and present evidence

written notice, right to

representation by independent legal counsel, right to

“sufficient detail”

“timely”

injunctions (TRIPS 44)

subject matter acquired or ordered prior to knowledge of infringement (TRIPS 44.1)

to prevent entry into channels of commerce within the jurisdiction (TRIPS 44.1)

judicial review, right to opportunity for (TRIPS 41.4)

in accordance with jurisdictional provisions in Member’s law

acquittals in criminal cases, exclusion

of final administrative decisions

of legal aspects of judicial decisions on merits

obligation to provide (TRIPS 41.1)

expeditious remedies to prevent infringements

remedies as deterrent to future infringements

proportionality, need for (TRIPS 46)

remuneration in accordance with TRIPS 31(h), right to limit available remedies to (TRIPS 44.2)

requirements

avoidance of barriers to trade (TRIPS 41.1)

safeguards against abuse (TRIPS 41.1)

“right holder”

definition (footnote 11)

standard of proof (TRIPS 50.3)

third party interests and (TRIPS 46)

intellectual property rights, procedures and formalities for acquisition and maintenance (TRIPS 62)

judicial review, right to opportunity for (TRIPS 62.5)

by judicial or quasi-judicial authority

availability of alternative remedy and

cases of unsuccessful opposition or administrative revocations, exclusion

of final administrative decisions

requirements

consistency with TRIPS Agreement (TRIPS 62.1)

due process (TRIPS 41.3 principles) (TRIPS 62.4)

fair and equitable procedures (TRIPS 41.2 principles) (TRIPS 62.4)

grant or registration within reasonable period of time (TRIPS 62.2)

protection of existing subject matter and (TRIPS 70.7)

reasonableness (TRIPS 62.1)

service marks, applicability of Paris Convention (1967) (TRIPS 62.3)

unwarranted curtailment, prohibition (TRIPS 62.2)

“interested parties” (AD 6.11/SCM 12.9)

interim review (DSU 15)

comments of parties in writing (DSU 15.1)

time-limits

descriptive sections of report (DSU 15.1)

interim report (DSU 15.2)

content

meeting to address comments

review, parties’ right to request in writing

panel report, inclusion of findings in (DSU 15.3)

time-frame (DSU 12.8 and 15.3)

“international body or system” (TBT Annex 1, para. 4)

International Bovine Meat Agreement, termination (IBM VI)

International Dairy Agreement (IDA), termination (1997)

international minimum standard (TRIPS 1.3)

International Monetary Fund (IMF)/WTO relationship

Declaration on Coherence in Global Economic Policymaking (1994)

areas for cooperation (para. 2)

coherence of national economic policies, importance (para. 1)

cooperation between WTO and World Bank, need for development and review (para. 5)

gaps to be filled (para. 4)

net food-importing developing countries, support for (para. 2)

Uruguay Round, contribution to (para. 3)

Declaration on the Relationship Between the IMF and WTO (1994)

International Office of Epizootics, WTO cooperation agreement with

SPS 3.4

SPS 12.3

SPS Preamble

International Plant Protection Convention

contact with Secretariat (SPS 12.3)

SPS 3.4

SPS Preamble

international transfers and payments, restrictions (GATS XI)

exclusion (GATS XI:1)

restrictions in accordance with IMF rights and obligations (GATS XI:2)

interpretation of covered agreements, applicable law

customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)]

AD 17.6(ii)

DSU 3.2

interpretation of covered agreements, guidelines, security and predictability (DSU 3.2)

interpretation of covered agreements, ordinary meaning, “displace or impede”, exports (SCM 6.3(b))

interpretation of covered agreements, responsibility for (WTO IX:2)

decision-taking procedures (WTO IX:2/DSU 3.9)

General Council

Ministerial Conference

interpretation of covered agreements, specific terms and phrases

“all” (AD 6.8)

“any measures of the kind” (AG 4.2 and footnote 1)

“converted into”

“have been required to be converted”

“basic agricultural product” (AG 1(b))

“certain enterprises” (SCM 2.1)

“contracting parties acting jointly”

GATT 1994, 2(b)

GATT XXV:1

“contracting party”, GATT 1994, 2(a)

“countervailing duty” (SCM 10, footnote 36)

“country”/“countries” (WTO, Explanatory Notes)

“customs territory” (GATT XXIV:2)

definitions (AG 1)

“budgetary outlays” (AG 1(c))

“year” (AG 1(i))

“developed contracting party”, GATT 1994, 2(a)

“domestic industry” (AD 3, footnote 9 and AD 4.1)

“domestic industry” (SG 4.1(c))

“domestic producers” (AD 4.1/SCM 16.1)

“essential products” (GATT XII:3 and XVIII:10 and BOP Understanding, para. 4)

“Executive Secretary”, GATT 1994, 2(a)

“existing facilities” (SCM 8.2(c), footnote 33)

“export restrictions” (GATT Ad Articles XI, XII, XIII, XIV and XVIII)

“export subsidies” (AG 1(e))

“force majeure” (PSI 2.15 and footnote 3)

“government agency” (AG 9.1(a))

“government revenue foregone” (AG Annex 2, para. 1(a))

“import restrictions” (GATT Ad Articles XI, XII, XIII, XIV and XVIII)

“initiated” (AD, footnote 1)

“initiation” (AD footnote 1 and SCM, footnote 37)

“injury” (AD 3, footnote 9 and SCM 15, footnote 45)

“interested parties” (AD 6.11/SCM 12.9)

“less-developed contracting party”, GATT 1994, 2(a)

“levy” (AD 4.2, footnote 12 and SCM 19.2, footnote 51)

“may” (AD 8, footnote 19 and SCM 18, footnote 49)

“national”

SPS Annex B, footnote 6

TBT 10.5, footnote 1

TRIPS 1.3, footnote 1

WTO, Explanatory Notes

“natural person of another Member” (GATS XXVIII (k))

“neutral and objective criteria” (SCM 8.2(b), footnote 32)

“non-discriminatory” (GATS Annex on telecommunications, footnote 15)

“notify” (AD 5.5)

“objective criteria or conditions” (SCM 2.1(b) and footnote 2)

“prompt”/“promptly”

AD 5.8/SCM 11.9

AD 6.1.2/SCM 12.1.2

ATC 5.2

GATS III:1

GATS VI:2(a)

PSI 3.2

RO 2(j)

RO 3(h)

RO Annex II, para. 3(f)

SPS, Annex B, footnote 5

TBT 2.11

“public entity” (GATS Annex on financial services, para. 5(c))

“restrictions” (ATC 3.1 and footnote 4)

“shall” (AD 6.8)

“start-up situation” (SCM Annex IV, footnote 65)

investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c))

confidentiality of information (SG 3.2)

non-confidential summaries (SG 3.2)

interested parties

notification to

opportunity to respond to presentations of other parties

opportunity to submit evidence and views

published report

confidential information (SG 3.2) and

“findings and conclusions … on all pertinent issues of fact and law”

investigation of dumping (AD 5)/subsidy (SCM 11)

customs clearance procedures and (AD 5.9 and SCM 11.10)

duration (AD 5.10/11.11)

evidence of dumping or subsidy and injury, simultaneous consideration (AD 5.7/SCM 11.7)

during investigation

initiation of investigation and

“starting on a date not later than …”

evidence, requirements (AD 5.2/SCM 11.2)

description of allegedly dumped/subsidized product (AD 5.2(ii)/ SCM 11.2(ii))

evidence of causal link (AD 5.2(iv)/SCM 11.2(iv))

evidence of dumping

evidence of existence, amount and nature of subsidy (SCM 11.2(iii))

evidence of injury

evolution of volume and effect on prices and domestic industry (AD 5.2(iv)/SCM 11.2(iv))

identification of industry/list of known producers (AD 5.2(i)/SCM 11.2(i))

identity of applicant and volume and value of domestic production (AD 5.2(i)/SCM 11.2(i))

identity of known exporter or foreign producer (AD 5.2(ii)/SCM 11.2(ii))

list of known importers (AD 5.2(ii)/SCM 11.2(ii))

names of country/ies of origin or export (AD 5.2(ii)/SCM 11.2(ii))

price in country of origin or export (AD 5.2(iii))

resale price to independent buyer in importing Member (AD 5.2(iii))

“such information as is reasonably available”

evidence, sufficiency, investigating authority’s obligation to examine accuracy and adequacy (AD 5.3/SCM 11.3)

imports via third country, applicability of SCM Agreement (SCM 11.8)

“initiated” (AD, footnote 1)

initiation (AD 5.1/SCM 11.1)

by written application by or on behalf of a domestic industry

initiation without such application, requirements (AD 5.6/SCM 11.6)

“initiation” (SCM, footnote 37)

notification to government of exporting Member (AD 5.5)

“after receipt of a properly documented application”

“before proceeding to initiate”

publicizing of application, avoidance

support for (AD 5.4), sampling techniques, acceptability (AD footnote 14 and SCM footnote 38)

support for (AD 5.4/SCM 11.4)

authorities need to determine level

“by or on behalf of the domestic industry”

termination of investigation/rejection of application (AD 5.8/SCM 11.9)

in case of

de minimis amount of subsidy or volume

de minimis margin of dumping

insufficient evidence of dumping

insufficient evidence of injury

de minimis test

price undertakings/undertakings (AD 8/SCM 18) and

procedural nature (AD footnote 1 and SCM footnote 37)

“promptly”

termination (SCM 11.9), developing country Members (SCM 27.10)

investigation of dumping or countervailing measures, evidentiary rules (AD 6/SCM 12)

accuracy of information, authorities’ obligation to satisfy themselves (AD 6.6/SCM 12.5)

as responsibility of authorities

“satisfy themselves”

communication of full text of application (AD 6.1.3/SCM 12.1.3)

“as soon as an investigation has been initiated”

confidentiality (AD 6.5/SCM 12.4) and

to authorities of exporting Member

to exporters

in case of particularly high number of exporters (AD footnote 16 and SCM footnote 41)

to other interested parties on request

confidential information (AD 6.5/SCM 12.4)

access to information provided by another interested party (AD 6.1.2/SCM 12.1.2) and

arbitrary rejection of request for (AD footnote 18 and SCM footnote 43)

“good cause shown”

information “by nature” confidential, applicability to

“significant adverse effect”

non-confidential summaries (AD 6.5.1/SCM 12.4.1)

level of detail

“not susceptible of summary”, need for reasons

“of significant competitive advantage”

protective order, recognition of possible need for (AD footnote 17 and SCM footnote 42)

public notice of determinations (AD 12.2.1/SCM 22.4) and

unwarranted request for confidentiality, right to disregard information (AD 6.5.2/SCM 12.4.2)

determination of individual margins of dumping (AD 6.10)

general rule/deviation from

sampling techniques, acceptability

consultation and consent to selection, need for (AD 6.10.1)

exporter or producer not originally selected (AD 6.10.2)

voluntary responses (AD 6.10.2)

expeditious initiation and conduct of investigation, need for (AD 6.14/SCM 12.12)

facts available to investigating authority, right of resort to (AD 6.8/Annex II)

AD Annex II, applicability to AD 6.8 as a whole

additional information, right to request (AD Annex II, para. 1)

“facts available” (AD Annex II, para. 1), facts in application for initiation of investigation

failure to cooperate (AD Annex II, para. 7)

“less favourable result” as possible consequence

“to the best of its ability” (AD Annex II, para. 5)

failure to cooperate in information-gathering process and (SCM Annex V, para. 6)

failure to supply information “within a reasonable time” (AD Annex II, para. 1)

intellectual property rights enforcement, comparable provision (TRIPS 43.2)

medium for providing information, authorities’ right to request (AD Annex II, para. 2)

in absence of computerized accounts

computer system other that used by party, exclusion

conditions (para. 2) and (AD Annex II, para. 3)

reasonable ability to comply, obligation to consider

right to supply information in written or any other form acceptable to authorities (AD Annex II, para. 4)

unreasonable additional cost and trouble, exclusion

“necessary information”

non-acceptance of evidence or information (AD Annex II, para. 6)

opportunity to provide further explanations within a reasonable period

reasons, need for

rejection of evidence or information, inclusion of reasons in published determinations (AD Annex II, para. 6)

time-limits of investigation, relevance

obligation to use

“has acted to the best of its ability” (AD Annex II, para. 5)

“information appropriately submitted so that it can be used … without undue difficulties” (AD Annex II, para. 3)

“information supplied in a medium or computer language requested by the authorities” (AD Annex II, para. 3)

“information supplied in a timely fashion”

partial lack of necessary information, relevance (AD Annex II, para. 4)

“reasonable period” (AD 6.8), time-limits, right to set (AD 6.1.1/ SCM 12.1.1)

secondary source information (AD Annex II, para. 7)

circumspection in use of

information in application for initiation of investigation

obligation to check with other independent sources

specification of required information (AD Annex II, para 1)

“as soon as possible”

“in detail”

specification of required information (AD Annex II, para. 1), specification of required structure of information (AD Annex II, para. 1)

verifiable information (AD Annex II, para. 3)

“verifiable”

facts available to investigating authority, right of resort to (SCM 12.7)

failure to supply information “within a reasonable time”

“necessary information”

“refuses access to”

“significantly impedes”

full opportunity for defence of interests, right to (AD 6.2)

meetings with parties with adverse interests

confidentiality and

convenience to parties and

non-attendance, effect

optional nature

presentation of views

rebuttal arguments

notification of essential facts under investigation and (AD 6.9/ SCM 12.8)

obligation to make available to other parties on request

“opportunity”

oral information, right to present

“on justification”

subsequent reproduction in writing, need for (AD 6.3)

TRIPS provisions (TRIPS 43.2)

information, difficulty in supplying (AD 6.13/SCM 12.11)

assistance

information relevant to investigation, opportunity to provide (AD 6.12/SCM 12.10)

industrial users

representative consumer organizations

“interested parties” (AD 6.11/SCM 12.9)

exporter, foreign producer or importer of product under investigation (AD 6.11(i)/SCM 12.10(i))

government of exporting member (AD 6.11(ii))

non-exhaustive nature of list

producer of like product in the importing Member (AD 6.11(iii)/ SCM 12.9(ii))

“notice of the information … and ample opportunity to present in writing all evidence” (AD 6.1/SCM 12.1)

access to information provided by another interested party (AD 6.1.1/ AD 6.1.2)

access to file distinguished: see also investigation of dumping or countervailing measures, evidentiary rules (AD 6/SCM 12), “notice of the information … and ample opportunity to present in writing all evidence” (AD 6.1/SCM 12.1); investigation of dumping or countervailing measures, evidentiary rules (AD 6/SCM 12), timely disclosure to interested parties of information relevant for presentation of case (AD 6.4/SCM 12.3)

confidential information (AD 6.1.2/SCM 12.1.2)

“promptly” (AD 6.1.2/SCM 12.1.2)

access to information provided by another interested party (AD 6.1.2/SCM 12.1.2)

confidential information (AD 6.1.2/SCM 12.1.2), AD 6.5/SCM 12.4 and (AD 6.5/SCM 12.4)

extension “upon cause shown … whenever practicable” (AD 6.1.1/ SCM 12.1.1)

“questionnaires” (AD 6.1.1/SCM 12.1.1)

time-limits (AD 6.1.1/SCM 12.1.1)

extension “upon cause shown … whenever practicable”

notification to all interested parties of essential facts under consideration (AD 6.9/SCM 12.8)

essential facts forming basis of preliminary determination, sufficiency for subsequent proceedings

in sufficient time for defence of interests

on-the-spot verification (AD 6.7 and Annex 1)

confidentiality (AD 6.5 and Annex I, para. 2)

enquiries and questions from authorities (Annex I, para. 8)

“further information … to be provided” (Annex VI, para. 7)

on-the-spot request for further details (Annex VI, para. 7)

participation of non-governmental experts (Annex I, para. 2)

confidentiality requirements

“if exceptional circumstances require”

notification of names and addresses of firms (Annex I, para. 4)

notification of participation

requirements

agreement of firms concerned (AD 6.7 and Annex I, para. 3)

notification to representatives of government concerned (AD 6.7 and Annex I, para. 1)

sufficient advance notice (Annex I, para. 5)

timing (Annex I, para. 7)

results, communication or notification

availability to applicants

to firms to which they apply

visits to explain questionnaire (Annex I, para. 6)

on-the-spot verification (SCM 12.6 and Annex VI)

confidentiality (SCM 12.6 and Annex VI, para. 2)

enquiries and questions from authorities (Annex VI, para. 8)

“further information … to be provided” (Annex VI, para. 7)

on-the-spot request for further details (Annex VI, para. 7)

participation of non-governmental experts (Annex VI, para. 2)

confidentiality requirements

“if exceptional circumstances require”

notification of names and addresses of firms (Annex VI, para. 4)

notification of participation

requirements

agreement of firms concerned (SCM 12.6 and Annex VI, para. 3)

notification to authorities of government concerned (SCM 12.6 and Annex VI, para. 1)

sufficient advance notice (Annex VI, para. 5)

results, communication or notification

availability to applicants

to firms to which they apply

visits to explain questionnaire (Annex VI, para. 6)

oral information, right to present (SCM 12.2)

confidential information, protection

subsequent reproduction in writing, need for

timely disclosure to interested parties of information relevant for presentation of case (AD 6.4/SCM 12.3): see also investigation of dumping or countervailing measures, evidentiary rules (AD 6/SCM 12), “notice of the information … and ample opportunity to present in writing all evidence” (AD 6.1/SCM 12.1)

confidentiality (AD 6.5/SCM 12.4) and

information used by authorities in anti-dumping investigation, limitation to

information used by authorities in countervailing measures investigation, limitation to

preparation of presentation on the basis of

ISONET: see standards, preparation, adoption and application of (TBT 4 and Annex 3 (Code)), ISONET, membership/association with member (Code, para. K)

 


Abbreviations used on this page