Page 608 - MANUAL OF SOP

Relevant Wto Jurisprudence

access to or disclosure of information may establish a violation of Article
6.2, we find it difficult to imagine a situation where the more specific
provision is complied with, but Article 6.2 is nonetheless violated as a
result of an investigating authority's actions in connection with access to
or disclosure of information to interested parties.”

XVI. DISCLOSURE STATEMENT AND FINAL FINDING:

24.77. In WTO Dispute Egypt – Steel Rebar (DS-211), the Panel emphasized that-

"The language of the provision at issue creates an obligation on the
[investigating authorities] to provide opportunities for interested parties to
defend their interests."
24.78. In WTO Dispute Mexico - Olive Oil (DS-341), the Panel's view, with regard
to the obligation under Article 6.9 of the Anti-Dumping Agreement requires:

“The investigating authorities to disclose those facts underlying the
final findings and conclusions in respect of the essential elements that
must exist for the application of definitive anti-dumping duties.”
24.79. In WTO Dispute Argentina – Ceramic Tiles (DS189), the Panel, further to the
noting that Article 6.9 does not prescribe the manner in which the investigating
authority is to comply with the disclosure obligation provided some examples of
how investigating authorities may comply with this requirement:

"We agree with Argentina that the requirement to inform all interested
parties of the essential facts under consideration may be complied with in
a number of ways. Article 6.9 of the AD Agreement does not prescribe the
manner in which the authority is to comply with this disclosure obligation.
The requirement to disclose the 'essential facts under consideration' may
well be met, for example, by disclosing a specially prepared document
summarizing the essential facts under consideration by the investigating
authority or through the inclusion in the record of documents – such as
verification reports, a preliminary determination, or correspondence
exchanged between the investigating authorities and individual exporters
– which actually disclose to the interested parties the essential facts
which, being under consideration, are anticipated by the authorities as
being those which will form the basis for the decision whether to apply
definitive measures. This view is based on our understanding that Article 6.9

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