Page 606 - MANUAL OF SOP

Relevant Wto Jurisprudence

interested parties in respect of that request, hence the Ministry failed
to provide Cruz Azul with 'a full opportunity for the defence of [its]
interests', contrary to Guatemala's obligations under Article 6.2 of the
AD Agreement.”

24.71. In a WTO Dispute Guatemala – Cement II (DS-156), the Panel rejected
Mexico's claim that Guatemala's authority was in violation of Articles 6.1, 6.2 and
6.9 by changing its injury determination from a preliminary determination of threat
of material injury to a final determination of actual material injury during the course
of the investigation, without informing the Mexican producer of that change, and
without giving the producer a full and ample opportunity to defend itself.

"As for Article 6.2, we note that the first sentence of that provision is very
general in nature. We are unable to interpret such a general sentence
in a way that would impose a specific obligation on investigating
authorities to inform interested parties of the legal basis for its final
determination on injury during the course of an investigation, when the
express wording of Article 12.2 only imposes such a specific obligation
on investigating authorities at the end of the investigation."

24.72. In a WTO Dispute Egypt – Steel Rebar (DS211), the Panel emphasized
the liability of investigation authority to Article 6.2 of the Anti-Dumping
Agreement.

“The language of Article 6.2 creates an obligation on the [investigating
authorities] to provide opportunities for interested parties to defend their
interests." The Panel further considered that the "[f]ailure by respondents
to take the initiative to defend their own interests in an investigation
cannot be equated, through WTO dispute settlement, with failure by an
investigating authority to provide opportunities for interested parties to
defend their interests".

24.73. In a WTO Dispute EU – Footwear (China) (DS-405), the panel elaborated on
the right of an interested party to be heard.

"While interested parties must be provided with liberal opportunities to
defend their interests, this right does not entitle them to participate in
the investigation as and when they choose".

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