./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/CAN/9
G/SCM/Q1/CAN/9
26 June 1998
(98-2568)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies of CANADA
to Questions from JAPAN1
The following communication, dated 17 June 1998, has been received from the Permanent
Mission of Canada.
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Q.1. Article 6.2 of the AD Agreement provides that "[t]hroughout the anti-dumping
investigation all interested parties shall have a full opportunity for the defence of theirinterests".  In which provisions does Canada give "a full opportunity for the defence" to "allinterested parties" in the laws and regulations of Canada?
Reply
Parties are assured a full opportunity to defend their interests by virtue of generally
applicable administrative law principles of procedural fairness which guarantee the right to adequatenotice of proceedings, the right to make submissions and rebuttal arguments, etc.  These principlesare enshrined in Canadian common law and in such legal instruments as the Special Import
Measures Act, the Canadian International Trade Tribunal Act  and related instruments such as the
Canadian International Trade Tribunal Rules , each of which has been notified to the Committee.
Q.2. Article 6.11 of the AD Agreement provides that "interested parties" shall include:  (i)
an exporter or foreign producer or the importer of a product subject to investigation, or atrade or business association a majority of the members of which are producers, exporters orimporters of such product".  However, regarding this point, Article 2 of the CanadianInternational Trade Tribunal Rules defines "interested party" only as "(c) an association of orthat includes, domestic producers, exporters to Canada or importers into Canada of goods inrespect of which the preliminary determination was made".  Why does not Canada limit"interested parties" to an association "a majority of the members" of which are producers,exporters or importers of such product?
Reply
The definition of "interested party" in Article 2 of the Canadian International Trade Tribunal
Rules  is consistent with Article 6.11 of the Anti-Dumping Agreement, which provides a non-
                                                     
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G/SCM/Q1/CAN/9
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exhaustive list of interested parties.  By not including the words "a majority of members", part (c) of
the definition of "interested party" in Article 2 of the Canadian International Trade Tribunal Rules ,
recognizes that some associations may not be so narrowly focused as to include just those producers
of like goods.  One may also note that part (e) of th e definition of "interested party" in Article 2 of the
Canadian International Trade Tribunal Rules  permits persons not mentioned in parts (a) to (d) to be
interested parties where such persons have a direct interest in the injury inquiry.  Person, in this
context, would be taken to include representatives of an association.
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