RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/62
9 February 1999
(99-0479)
Committee on Anti-Dumping Practices
Ad Hoc Group on Implementation
COMPILATION OF INFORMATION PROVIDED BY MEMBERS CONCERNING
HOW DISCLOSURE OF ESSENTIAL FACTS IS ACCOMPLISHED BY
NATIONAL INVESTIGATING AUTHORITIES
As requested by the Ad Hoc Group on Implem entation at its October 1998 meeting, this
document compiles information submitted by Members concerning how their domestic investigating
authorities undertake disclosure of essential facts.
Excerpted from Page
Document G/ADP/A HG/W/6 (Chile) ................................................................................................. ..........1
Document G/ADP/AHG/W/18 (Brazil)............................................................................................... .........2
Document G/ADP/AHG/W/ 27 (United States)........................................................................................ ....3
Document G/ADP/AHG/W/30 (Canada)............................................................................................... .......5
Document G/ADP/A HG/W/35 (Turkey) ............................................................................................... .......8
Document G/ADP/A HG/W/36 (Israel)............................................................................................... ..........8
Document G/ADP/AHG/ W/39 (Colombia)............................................................................................. .....8
Document G/ADP/AHG/W/40 (Argentina)............................................................................................ ......9
Document G/ADP/AHG/W/ 52 (New Zealand).......................................................................................... 10
Document G/ADP/A HG/W/57 (Mexico) ............................................................................................... ....11
Document G/ADP/AHG/W/6 (Chile)
Topic 7 - Provision of essential facts under consid eration before making a final determination under
Article 6.9
Our practice in this area is based on written notification to the concerned parties of the essential
facts of the investigation.  The notification summar izes the information in the public record of the
investigation.  Its purpose is to make known to the concerned parties the background, data andinformation obtained during the investigation rela ting to the dumping and the injury it has caused, the
source of this information, and the methodology used to  calculate the margin of dumping, all of which
serves as a basis for the final decision by the investig ating authority.  This notification is made in writing
to the domicile of the concerned parties.
The notification contains three sections:G/ADP/AHG/W/62
Page 2
The first provides general background inform ation relating to the initiation of the
investigation, description of the product being investigated, concerned parties, and likeness of
the imported product to the domestic product.
The second section concerns dumping and outlines the methodology for the calculation
of the dumping margins (including any adjustment s) and the source of the data for the normal
value and export price.
The third section refers to the injury caused to the domestic industry by the dumping.  It
contains information on domestic prices, production costs, profit margins, installed capacity and
utilization thereof, imports, production, sales, a pparent consumption etc., as well as all the
economic factors and indices relating to the dom estic industry available to the investigation.
Where appropriate, reference is made to the type  of economic tool or analysis used to evaluate
causality and injury (Granger Test, economic modelling and so forth).
With regard to the timing for making the determ ination of essential facts, it was thought best
that this should be done at a date sufficiently clos e to that of the final determination so that the
Commission already possesses virtually all the informa tion needed to reach a decision, while at the same
time leaving sufficient time for parties to be able to make their comments, defend their viewpoints and
even submit some final information.  For this pu rpose a period of 15 days from the notification is
allowed for parties to be able to make their observations.
This practice has resulted in the notification of  essential information being a specific and easily
identifiable stage within the investig ation process.  It has meant that th e parties know that they have the
opportunity to raise the items they consider important  for the investigation to reach the right decision,
and that with the information available in the publ ic record they can review the calculations and
methodology used by the Commission and possibl y submit criticisms or corrections thereto.
Document G/ADP/AHG/W/18 (Brazil)
Topic 7 - Provision of essential facts under consideration
In accordance with Article 6.9 of the Anti-Dumping  Agreement "the authorities shall, before a
final determination is made, inform all interested pa rties of the essential facts under consideration which
form the basis for the decision whether to apply defi nitive measures.  Such disclosure shall take place
with sufficient time for the part ies to defend their interests".
Brazil’s compliance with this provision is made through the convocation of a final hearing
where  the essential facts under consideration are provid ed in written form (this report is annexed to the
investigative process).  Interested parties have the opportunity to present comments orally and to submit,
within 15 days, their views in written form.  Inform ation received after the conclusion of this final
comment period, which marks the end of the investigation per se , is not taken into consideration for
purposes of the final determination.
The report of the essential facts under considerat ion contains the following:  a summary of the
investigation procedure;  a description of the product under investigation and of the like product; a
definition of the domestic industry;  the degree of  representation of the applicant and the degree of
support for the application;  the elements of dum ping (normal value, export price, methodology to
calculate dumping margins);  data related to the impor ts that are the object of dumping;  the prices and
the evolution of the participation of dumped imports in  apparent consumption;  the data relative to the
domestic industry (production, sales, market share,  installed capacity, profit margins, employment,G/ADP/AHG/W/62
Page 3
productivity, stocks, exports, economic and financial analysis, among others, and information relative to
other factors);  the views and allegations of interested parties.
The objective of presenting the essential facts unde r consideration to the interested parties is to
provide transparency to the investigation and to a llow parties to comment on the above-mentioned facts,
to offer clarifications on specific points, to provide ot her points of view to the investigative authorities
and to comment and, eventually, suggest corrections on calculation and methodology.
The presentation of the essential facts under consideration by the investigative authorities shall
not involve an analysis of merit or advance what w ill be the final determination since this has still not
been reached and the comments of th e parties may influence final results.
Document G/ADP/AHG/W/27 (United States)
Introduction
Article 6.9 of the Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade 1994 (Anti-dumping Agreement) provid es that, before a final determination is made,
authorities shall inform all interest ed parties in an anti-dumping investigation of "the essential facts
under consideration which form the basis for the deci sion whether to apply definitive measures.  Such
disclosure should take place in sufficient tim e for the parties to defend their interests."
The United States Department of Commerce (t he Commerce Department  or the Department)
and the United States International Trade Comm ission (the Commission), in the interests of
transparency, have long maintained procedures for disclosing to parties the facts underlying their anti-
dumping determinations.  The procedures address th e disclosure of essential facts, procedures, and
calculations leading to definitive m easures in anti-dumping proceedings.
Information that is submitted on a timely basis to the Commerce Department or the
Commission  is subject to comment by other parties to the proceeding within such reasonable time as the
Department or the Commission ma y provide.  Both the Commerce Department and the Commission,
before making a final determination, cease colle cting information and provide the parties with
opportunities to comment on information obtained.1
Department of Co mmerce Procedures
The Commerce Department, which is charged with calculating the actual margin of dumping in
an anti-dumping investigation, acquires most of its factual information in anti-dumping investigations
from submissions made by interested parties during the course of the proceedings.  Those interested
parties are permitted to submit comments on facts provid ed to them by the Department or other parties
in an anti-dumping investigation, up and until seven days prior to verification.2  In this regard, parties
may submit factual information to rebut, clarify or  correct factual information submitted by any other
interested party at any time prior to this deadline.3
                                                     
1Section 782(g) of the Tariff Act of 1930 ("the Act").
2See 19 C.F.R. 351.301(b)(1).
3See 19 CFR 351.301(c)(1) (note that if comments on facts provided are submitted less than 10 days
before, on or after the deadline (normally only with the permission of the  Department), rebuttal comments still
may be submitted within ten days after the comments were served on other parties).G/ADP/AHG/W/62
Page 4
Notwithstanding this deadline, the Department  may request from any party the submission of
additional factual information at any time during an anti-dumping proceeding4 and, pursuant to
Section 782(g) of the Tariff Act of 1930, must provid e the parties with the opportunity to comment on
any information obtained by the Department upon which they have not previously had such an
opportunity to comment.
During an investigation, parties may also comme nt on facts in the record by submitting written
case and rebuttal briefs5 and participating in a public hearing.6  In its final determination, the Department
must include an explanation of the basis for its dete rmination that addresses relevant arguments made by
all interested parties.7  Within five days of the announcement of its final determination, the Department
must disclose to parties the details of its anti-d umping margin calculation.  Parties may then submit
comments on any errors or, within another five days , reply to comments submitted by others regarding
any errors.8
An important feature of the way the Commerce De partment system ensures that parties obtain
all of the relevant case information in as timely a fashion as possible is that parties to the proceeding
must serve their information on the other parties to th e proceeding at the same time that they file it with
the Department.  This obviates the need for parties to have to go and inspect (and copy) information
from the Department's file.  Also, when submitting information to the Department, parties are required
to submit the original and six copies of the proprieta ry version of the document, along with three copies
of the public version.  One of the public version copies  is placed in the public case file, which is open for
inspection by the public without appo intment during normal hours of operation.
International Trade Commission Procedures
The Commission determines whether a United States industry has been materially injured by
reason of dumped imports.  Therefore, the Co mmission during the course of an anti-dumping
investigation discloses all information obtained before  the record is closed and provides parties with
opportunities to comment on all information in its reco rd.  To illustrate, parties are provided at least
seven opportunities to comment on facts provided to them in anti-dumping investigations before the
Commission.  These opportunities include: (1) a preliminary phase staff conference, (2) a
post-conference written brief, (3) written comments on draft questionnaires for the final phase of the
investigation, (4) a written prehearing brief, (5) testimony delivered at hearings before the
Commissioners and staff, (6) a written posthearing brief, and (7) final written comments on late-arrivinginformation.  Moreover, throughout anti-dumping investigations, parties are provided numerous and
continuing opportunities to contact Commission in vestigative staff and provide additional data,
comments or corrections on injury issues.
In particular, parties may testify at a staf f conference provided for in the Commission's
published notice of the institution of its preliminary phase investigation, and they may thereafter file
written briefs in which they can comment on the te stimony presented at the preliminary phase staff
conference, challenge information presented by th eir opponents, or comment on information that has
                                                     
4See 19 C.F.R. 351.301(c)(2).
5See 19 C.F.R. 351.309(c)(1)(i) and 351.309(d).
6See 19 CFR 351.310.
7See Section 777(i)(3) of the Act.
8See 19 CFR 351.224(c).G/ADP/AHG/W/62
Page 5
been released under the protection of an administ rative protection order up to that point in the
proceeding.9
Later, before questionnaires are issued by the Commission during the final phase of an
investigation, parties are again provided an opportuni ty to comment in writing on the content of those
questionnaires.10   Throughout the final phase of the investig ation, interested parties to the investigation
are served with submissions made by other parties,  and business proprietary information received by the
Commission is released to parties unde r an administrative protective order.
During the final phase of an investigati on, Commission staff prepare a prehearing report,
summarizing facts and information received by th e Commission prior to holding a hearing and
permitting the filing of prehearing briefs.  That report is  released to parties to the investigation, so their
prehearing briefs can reflect the most current data practicable.11  Each party may then file a prehearing
brief, attend and present testimony at a hearing before the Commissioners and staff, and respond at the
hearing or in a written posthearing brief to argument s of the parties and to questions of the Commission
and staff.12  A final report is then prepared by the st aff summarizing information obtained.  The final
report is releasable to the parties along with any la te-arriving information that had not previously been
released to the parties.  The report is normally  released on or about day 265 of the anti-dumping
investigation.  Parties are provided with a final oppor tunity to comment on the information prior to the
Commission's final vote on injury.13  After the vote, the Commission then releases to the parties its
"final phase" determination and views of the Commission.
Document G/ADP/AHG/W/30 (Canada)
Ad Hoc Group on Implementation – Topic 7
Provision of Essential Facts under Considerati on Before Making a Final Determination under
Article 6.9. - Disclosure of Findings
WTO Requirements
Article 6.9 of the WTO Anti-dumping Agreement states:
The authorities shall, before a final determinati on is made, inform all in terested parties of the
essential facts under consideration which form th e basis for the decision whether or not to apply
definitive measures.  Such disclosure should take place in sufficient time for the parties to defend their
interests.
                                                     
9See 19 C.F.R. 207.3 (requirement of parties to serve information submitted on other parties), 207.7(a)(1)
(release of business proprietary information under APO), 207.12 (notice of preliminary phase of investigationpublished), and 207.15 (provision for written briefs and conference).
10See 19 C.F.R. 207.20(b).
11See 19 C.F.R. 207.22.
12See 19 C.F.R. 207.23, 207.24, and 207.25.
13See 19 C.F.R. 207.30.G/ADP/AHG/W/62
Page 6
Canadian Practice
Canada operates a bifurcated anti-dumping system.  Revenue Canada is responsible for the
receipt and evaluation of anti-dumping complaints, th e initiation of investigations and the preliminary
determinations of dumping and injury.   Once the preliminary determinations are made, the Canadian
International Trade Tribunal (Tribunal) assumes author ity over the issue of injury.  The Tribunal has
final authority over matters of injury and Revenue Canada has final authority over the determination of
normal values and export prices.
Revenue Canada
Revenue Canada informs all interested parties of the essential facts under consideration for
purposes of the decision whether or not to make a final determination of dumping.  The final
determination of dumping, in combination with a final determination of injury by the Tribunal, form
the basis for the application of definitive measures.  Revenue Canada provides interested parties with
the relevant information, before the final determination of dumping, in three ways:
Revenue Canada issues a preliminary determin ation Statement of Reasons (SOR).  The SOR
provides, inter alia, non-confidential details of the preliminary determinations of dumping and injury,
addresses representations made to Revenue Canada during the investigation where comment is
warranted and provides notice of the imposition of  provisional measures. This public document is
provided to all interested parties.14
Letters are provided to individual exporters th at explain, in detail, the calculations and
adjustments made regarding company-specific normal values and export prices based on information
received from the individual exporter involved.  These letters give exporters an opportunity to review
the calculations involved in dete rmining their specific margin(s) of  dumping.  This process allows
exporters to challenge the calculation of normal va lues and export prices and/or provide additional
information relevant to their respective margin(s) of dumping.
Revenue Canada offers to all exporters (and other interested parties) an opportunity to
participate in a disclosure meeting with Reve nue Canada officials following the preliminary
determination.  This meeting is designed to prov ide interested parties w ith an opportunity to ask
questions and to seek further clarification from Re venue Canada officials responsible for the calculation
of the margins of dumping and for the overall resu lts of the investigation (while maintaining the
confidentiality of information as required).15  Should any additional information be required, such
requirements are explained and arrangements made  for follow-up verification meetings.  Finally,
disclosure meetings are held as soon as possible afte r the preliminary determina tion in order to take into
account for purposes of whether or not to make a final determination of dumping any representations
made to Revenue Canada during the course of the meeting.
Arguments made in relation to the calculation of  normal values and export prices are considered
by Revenue Canada prior to the decision on whether or not to make a final determination of dumping.
                                                     
14Interested parties  include complainants, all known importers and exporters of the subject goods as well
as the governments of the countries of export.
15Given that disclosure meetings take place after the preliminary determinations of dumping and injury,
when the issue of injury has already been assumed by the Tribunal, the preliminary injury determination is not
directly relevant.G/ADP/AHG/W/62
Page 7
Canadian International  Trade Tribunal
The Canadian International Trade Tribunal (the Tribunal) undertakes four distinct processes by
which interested parties are informed of the esse ntial facts under consideration prior to the decision
whether or not to make a final determination of injury.
The Tribunal Staff Report, which is issued approximately 50 days after the preliminary
determinations of dumping and injury by Revenue Canada, is provided to interested parties.  The
Report, which is factual in nature, sets-out basic background information (product, markets, trade
patterns, etc.).16  In addition, it addresses the injury indicators outlined in Article 3 of the Anti-dumping
Agreement.
In preparing the Staff Report, Tribunal staff undertake various types of research including
consulting with domestic producers, importers and purchasers in order to obtain a general understandingof the products and markets involved and to analyse responses to Tribunal questionnaires.
The Staff Report can be revised up to the day th at the hearings close because of new and/or
corrected information submitted by parties.
17  This process reflects the view that, if the Report is to be
used by the Tribunal during its deliberations, it should be subject to comment/testing by the parties
involved in the inquiry or review.
Witness statements, which are provided normally  2 to 3 weeks prior to the Tribunal injury
hearings, indicate what witnesses intend to state as their testimony.18  These statements will address the
various issues related to the question of injury.
A pre-hearing conference allows parties to meet  to resolve procedural and substantive issues
prior to the commencement of the injury hearing.  In respect of the essential facts under consideration
prior to the final determination of dumping, such a conference may be used to determine, for example,
the goods, or classes of goods, which will be the subj ect of the inquiry.   A pre-hearing conference is
optional and may be held at the request of an interested party or the Tribunal itself.19
The Tribunal’s injury hearings themselves provide for the consideration of those issues relevant
to the final determination of injury.  Interested  parties may submit information/witnesses which may
then be tested/cross examined by pa rties with opposing interests.  Inju ry hearings focus on the essential
facts under consideration for purposes of the final determination of injury.
Throughout the Tribunal’s quasi-judi cial process, parties may make submissions with respect to
the issue of injury focusing on those factors relevant to the case at hand.  This process permits all to
                                                     
16Questionnaire replies from parties used to generate the staff report are part of the official case record
maintained by the Tribunal.
17New evidence is normally not accepted after the heari ngs close.  However, in exceptional circumstances
new or revised information may be accepted.  This would only happen where the other parties involved in theinquiry have an opportunity to comment on the new or revised information.
18Witness statements are often not formally read during th e hearing, but rather are available as part of the
official record.  Accordingly, it is normal practice for a witness, once sworn-in to testify, to adopt his or her witnessstatement and then to answer questions.
19While usually held in person, these conferences may be held by electronic teleconferencing, where
possible.G/ADP/AHG/W/62
Page 8
know and comment on the essential facts under consid eration prior to the decision whether or not to
make a final determination of injury.
G/ADP/AHG/W/35 (Turkey)
Topic 7 - Disclosure of Essential Facts
In Turkish practice, two different final disclosure files are prepared:
(1) For exporters:  the disclosure file contains a confidential version of dumping margin
calculation (with data set) and a non-confiden tial version of injury determination (no
data set only indexes) plus general information to be released in public notice.
(2) For domestic industry:  the disclosure file contains a non-confidential version of
dumping margin calculation (no data set) and a confidential version of injury
determination (with data set) plus general information to be released in public notice.
G/ADP/AHG/W/36 (Israel)
Topic 7 - Article 6.9 - Disclosure of Essential Facts
Upon completing the investigation, the Commissioner submits his findings in the form of an
extensive report including an analysis of all the releva nt facts, views and arguments raised by the parties
during the investigation.  The findings of the Commissioner which are submitted to the Advisory
Committee, serve as a basis for the formal hearing a nd as a basis for the Committee's deliberations.  The
full, non-confidential version of the report, in unabr idged form, is simultaneously circulated to the
parties, prior to the formal hearing before the Committee.  The Committee then submits its
recommendations to the Minister of Trade and Indus try for his final determination.  This system of
circulating the full report of the Commissioner's findi ngs prior to the formal hearings, helps to ensure
transparency.
Document G/ADP/AHG/W/39 (Colombia)
7.1 Colombian legislation
Law 170 of 1994, which incorporated the WTO Anti-Dumping Agreement into Colombian law,
establishes Article 6.9 of the Agreement as follows:  "t he authorities shall, before a final determination is
made, inform all interested parties of the essential facts under consideration which form the basis for the
decision whether or not to apply de finitive measures.  Such disclosure should take place in sufficient
time for the parties to defend their interests".
Decree 299 of 1995, the other piece of Colombian an ti-dumping legislation, says nothing in this
respect.  In the event of a conflict between this Decree and Law 170, the latter takes precedence, both as
a law approving an international treaty and hierarchically.
7.2 Colombian practice
In Colombia, the investigating authority is IN COMEX.  The Institute informs the interested
parties of the progress of the investigation by the following means:G/ADP/AHG/W/62
Page 9
1. A public record available to anyone from the time of initiation of the investigation;
2. Resolutions published in the "Gaceta" of the Ministry of Foreign Trade which notify
the decisions relating to an initiation of an  investigation, the preliminary decision and
the final determination.  These resolutions  are communicated to the known interested
parties, to the diplomatic authorities of  interested countries and the Colombian
representatives in those countries;
3. Technical documents evaluating unfair practices, material injury and causal
relationship, which are held in the public record.  These documents are prepared by
INCOMEX in connection with both the initiation of the investigation and the adoption
of the preliminary and final decisions;
4. An executive summary summing up the analysis of unfair practices, material injury and
causal relationship conducted by INCOMEX in the final technical document of the
investigation.  This summary is subsequently discussed in the Trade Practices
Committee, which makes a corresponding reco mmendation to the Minister of Foreign
Trade who takes the final decision;
After the Trade Practices Committee has met, the executive summary is sent to the
interested parties in order to inform them of the essential facts taken into consideration which
will serve as a basis for the INCOMEX recommendation on whether or not to adopt definitivemeasures.  When the comments of the interested parties have been received, a new submission
is made to the Trade Practices Committee so that it can make a recommendation, based on all
the information available, to the Minister of Foreign Trade who takes the decision.
Document G/ADP/AHG/W/40 (Argentina)
C. Article 6.9 "Provision of Essential Facts"
C.1 Introduction
Article 6.9 of the Anti-Dumping Agreement stipulates that "The authorities shall, before a final
determination is made, inform all interested partie s of the essential facts under consideration which form
the basis for the decision whether to apply definitiv e measures.  Such disclosure should take place in
sufficient time for the partie s to defend their interests."
C.2 National  Commission for Foreign Trade (CNCE)
Throughout the injury investigation, the interest ed parties may follow the proceedings and make
any comments with respect to the documentation pert aining to the case or furnish any evidence they
consider appropriate.
Similarly, the technical staff may hold meetings with the parties in order to exchange views on
the product, its characteristics, its applications, etc ., the national and international markets and any other
relevant matters.
During the final stage, before the Commission issu es its conclusion with respect to injury to the
domestic industry, a hearing is held.
Prior to the hearing, the technical staff of the Commission meets with the parties (producers,
importers and others) and provides them with synop tic tables of the main economic indicators used toG/ADP/AHG/W/62
Page 10
assess damage to the industry:  production, sales, ma rket share, installed capacity, stocks, employment,
salaries, growth, investment, etc., so that they may examine the data, make such comments as they deem
appropriate and present their counter-arguments as they consider necessary during the hearing.  The
presentation of this essential data in the synoptic table does not constitute an analysis of the merits of the
case, nor does it anticipate the final conclusions of the Commission, since the conclusions may change
in response to the submissions of the parties during the hearing or to additional data obtained by the
implementing authority.
The parties are given a maximum of five worki ng days following the conclusion of the hearing
to provide a written version of their oral submissions  made during the hearing and to make their final
comments on the case.
Document G/ADP/AHG/W/52 (New Zealand)
Topic 7:  Provision of Essential Facts
At no later than day 150 of its investigating process, the Ministry of Commerce produces an
Essential Facts and Conclusions Report which is distributed to interested parties for comment, and in
order to comply with Article 6.9 of the Agreement.  This Report contains the essential facts under
consideration which are likely to form the basis for the decision whether to apply definitive measures.
There are six sections to this Report under the headings of:
• Proceedings;
• New Zealand Industry;
• Dumping Investigation;
• Injury Investigation;
• Provisional Measures (if applicable); and
• Conclusions.
Each section covers various aspects of the investigation.  The type of information included in
each section is as follows:
Proceedings
Information is provided about the proceedings under the New Zealand legislation and the
Agreement, interested parties, the imported goods, the treatment of exchange rates and the disclosure
of information via a public filing system.
The New Zealand Industry
This section covers issues such as like goods, record of imports, the New Zealand market and
the standing of the applicant.
Dumping Investigation
The first subsection of this part of the Report deals with the calculation of export prices and
records the base prices and adjustments for each company that was subject to a verification visit.  The
second subsection deals with the normal values established during the verification identifying the
methodology used (sales or constructed values) and adjustments made in order to effect a faircomparison.  The export prices and the normal values are then compared to establish the margins of
dumping.G/ADP/AHG/W/62
Page 11
Injury Investigation
The Report comments on all aspects considered during the investigation such as: import
volumes; price effects such as, including price undercutting, price depression and price suppression;and the economic impact of the dumped goods including actual and potential decline in: output, sales,
market share, profits, productivity, return on investments, and utilization of production capacity; any
factors affecting domestic prices; the magnitude of the margin of dumping; and if claims are made,
actual and potential effects on: cashflow, inventorie s, employment, wages, growth, ability to raise
capital, and investments.
The Report then looks at factors other than the dumped goods that have injured the industry
including: the volume and prices of goods that are not sold at dumped prices; contraction in demand
or changes in patterns of consumption; restrictive trade practices of, and competition between,
overseas and New Zealand producers; developments in technology; the export performance and
productivity of the New Zealand producers; and th e nature and extent of importations of dumped
goods by New Zealand producers of like goods, including the value, quantity, frequency, and purposeof any such importations.
The final subsection aggregates all the conclusions that have been drawn relating to the
injury.
Provisional Measures (if applicable)
This section briefly reports on the consideration and application of provisional measures,
where this has taken place.
Conclusions
This section lists the conclusions reached by the investigating team on the basis of the
information available to it during the investigation.  It does not go into the details of any proposed
remedy that may be imposed at a later date.
Document G/ADP/AHG/W/57 (Mexico)
Essential facts
(a) What are the minimum facts that must be described as "essential facts"?
In Mexico, the document by which the parties are informed of the essential facts referred to in
Article 6.9 of the Anti-Dumping Agreement is called the preliminary resolution, which is published in
the Official Journal within 130 working days following the publication of the initiation.  This
resolution must contain at least the following elements:
(i) The normal value and the export price obtained;
(ii) a description of the methodology used to determine the normal value, the export price
and the margin of dumping;
(iii) the margin of dumping;G/ADP/AHG/W/62
Page 12
(iv) a description of the injury 20caused or that could be caused to the national industry;
(v) the information considered in reaching the above conclusions;
(vi) the time-limit within which the parties must supply additional information and
comments;
(vii) where appropriate, whether the authority is examining the possibility of applying a
duty less than the margin;
(viii) whatever information the investigatin g authority considers relevant to the
investigation.
As you can see, the purpose of this document is to inform the parties involved in the
investigation of the elements that will be taken in to account by the investigating authority in issuing
its final resolution and of the time-period of 30 days during which the parties may submit their
comments in that respect, which will be taken in to consideration by the investigating authorities.
Thus, the essential facts must be disclosed sufficiently in advance of the issue of the final resolution
for the above purposes to be fulfilled.  In Mexico, these resolutions are highly detailed, specifying in
full the elements referred to above.
__________
                                                     
20The word "injury" is to be understood as defined in footnote 9 to the Anti-Dumping Agreement.