Page 586 - MANUAL OF SOP WITH COVER- 04.12.2018

Relevant Wto Jurisprudence

i. The name of the exporting country or countries and the product
involved;
ii. The date of initiation of the investigation;

iii. The basis on which dumping is alleged in the application;
iv. A summary of the factors on which the allegation of injury is based;
v. The address to which representations by interested parties should be
directed;

vi. The time-limits allowed to interested parties for making their views
known.
24.19. The WTO jurisprudence reproduced below in Guatemala – Cement I (DS-
60), the Panel has determined what constitutes "sufficient evidence to justify the
initiation of an investigation" under Article 5.3 agreed with the view expressed in
US Softwood Lumber II (DS-257) and concluded the following:

“The Panel in Guatemala – Cement I applied the standard of review set
out in Article 17.6(i), referring, in so doing, to the GATT Panel Report in
US – Softwood Lumber II. The Panel also agreed with the view expressed
by the Panel in US – Softwood Lumber II that "the quantum and quality of
the evidence required at the time of initiation is less than that required for a
preliminary, or final, determination of dumping, injury, and causation, made
after the investigation".

24.20. In a WTO dispute Thailand – H-Beams (DS122), the Panel has explained the
content of notification/public notice in the following manner-

“After receipt of a properly documented application and before proceeding
to initiate an investigation, the authorities shall notify the government of
the exporting Member concerned. The fact of the receipt of a properly
documented application would be an essential element of the contents of
the notification.”
24.21. In a WTO dispute Argentina – Poultry Anti-Dumping Duties (DS241), the
Panel has explained the obligation of a party with regards to the notification.

“Just by fulfilling the requirement to publish a notice of initiation of an
investigation, a Member has not fulfilled the obligation to notify. Article
12.1 clearly imposes two separate obligations, one to notify and another to

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