./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/KOR/13
G/SCM/Q1/KOR/13
19 October 1998
(98-4037)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by Venezuela Regarding
the Notification of Korea1
The following communication, dated 5 October 1998, has been received from the Permanent
Mission of Venezuela.
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QUESTIONS FROM VENEZUELA TO KOREA
1. Article 4-2, paragraph 1, of the Decree of the Customs Act establishes that the Minister of the
competent ministry in charges of an industry affected by the unfair practice may request the Minister
of Finance and the Economy to impose an anti-dumping duty under the conditions prescribed by the
Ordinance of the Prime Minister.
Would Korea please explain the circumstances or parameters under which the competent
Minister may request imposition of an anti-dumping duty in accordance with Article 4-2, paragraph 1,
of the Decree of the Customs Act?
2. In accordance with paragraph 2, indent 5, of Article 4-3, the Trade Commission may reject an
application "… in case it becomes unnecessary to initiate an investigation, e.g., a measure has beentaken prior to the initiation of an investigation to eliminate any adverse effect on the domestic
industry".
Would Korea please clarify what measures the above Article refers to for the purposes of
eliminating any adverse effect of dumping on the domestic industry?
3. In accordance with Article 4-10, paragraph 2, provisional measures may be applied for a
period of four (4) months, which may be extended to a maximum of six (6) months, at the request of a
supplier of significant importance in the trade of the product.  However, Article 17.4 of the
Agreement on Subsidies and Countervailing Measures provides that provisional measures may not be
applied for more than four (4) months.
Would Korea please explain how the provision of the Decree of the Customs Act is
compatible with the provision of the Agreement on Subsidies and Countervailing Measures?
                                                     
1G/ADP/N/1/KOR/4 and G/SCM/N/1/KOR/3.G/ADP/Q1/KOR/13
G/SCM/Q1/KOR/13
Page 2
4. In accordance with paragraph 1, indent 1, of Article 4-7 of the Regulation of the Customs Act,
"… where an exporter wishes to propose undertakings to the Trade Commission … such undertakings
shall include the following items:  1.  an undertaking that the exporter … will cease exporting within
such a period as determined after consultation with the Minister of Finance and  the Economy".
Would Korea please explain the objective and scope of this provision and how it is consistent
with the Articles on undertakings in the WTO Agreements?
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