. /.WORLD TRADE
ORGANIZATIONG/ADP/Q1/PER/22
G/SCM/Q1/PER/22
4 November 2003
(03-5899)
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
Replies to Follow-up Questions Posed by the EUROPEAN COMMUNITIES1
Regarding the Notification of PERU2
The following communication, dated 30 October 2003, has been received from the Permanent
Mission of Peru.
________________
The Permanent Mission of Peru to the International Organizations based in Geneva presents
its compliments to the Secretariat of the World Trade Organization (Rules Division) and hereby
submits, in accordance with Article 16.4 of the Anti-Dumping Agreement and Article 25.9 of the
Agreement on Subsidies and Countervailing Measures, Peru's reply to the question posed by the
European Communities in document G/ADP/Q1/PER/19-G/SCM/Q1/PER/19.
                                                     
1 G/ADP/Q1/PER/19-G/SCM/Q1/PER/19.
2 G/ADP/N/1/PER/2-G/SCM/N/1/PER/2.G/ADP/Q1/PER/22
G/SCM/Q1/PER/22
Page 2
Question
Article 29 of the legislation states that parties must supply information required by the
Commission within the time-limits set, otherwise they are "liable".  Further it states that theCommission shall impose a fine on parties not cooperating.  Can Peru please explain what kind
of liabilities or fine non cooperating parties may incur and how this provision relates to
Article 12.7 ASCM and Article 6.8 ANNEX II, 1 which provides that determinations are made
on the basis of the facts available?
Reply
Article 29, paragraph 3, of the Regulations allows the Commission to impose a fine on parties
for legal misconduct during the investigation proceedings, that is to say, it applies only to those who
have asked to appear in person in the investigati on proceedings, and who make tactical use of their
status as parties to the proceedings to prevent the Commission from conducting its investigation work,
for example by falsifying information.  This clause  does not apply to parties who do not wish to appear
in person in the proceedings and/or to cooperate by  means of the submission of information, since, in
such cases, the Anti-Dumping Agreement empowers th e investigating authority to take a decision on
the basis of the best information available.
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