   
  
G/ADP/Q1/GHA/2  
G/SCM/Q1/GHA/2  
G/SG/Q1/GHA/2  
 
30 November  2020 
(20-8630) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION OF GHANA2 
The following c ommunication, dated 27 November 2020, is being circulated at the requ est of the 
delegation of Ghana . 
 
_______________  
 
 
Question 1  
Section 2, Objects of the Commission, paragraph 2 of the International Trade Act states 
"… the Commission shall be guided by the treaty provisions of the 
World  Trade  Organi sation and the general principles of international trade law." Please 
clarify what legal authority takes precedence in the event of a conflict between the 
provisions in the International Trade Act and an applicable WTO agreement.  
Reply : 
Since the membership of Ghana to WTO in 1995, she has embarked on processes to internalize the 
WTO rules and regulations. Moreover, as a contracting party, Ghana has always been mindful of the 
universally acknowledged principle of pacta sunt servanda  by en deavoring to honor all her 
commitments to the WTO. The establishment of the Ghana International Trade Commission 
Act (Act 926) – hereinafter "the Act "- is a further step to provide for the regulation of the 
international trade in Ghana in conformity with t he WTO rules and regulations as expressly stated 
in Sec.2. (1a) of the GITC Act. More specifically, the provisions of the GITC Act does not derogate 
from that of the WTO. Since the GITC Act is the domestic implementing regulation of the WTO 
agreement, it i s therefore compliant with the provision of the WTO agreement and such conflicts are 
unlikely to arise.  
Question 2  
Section 22, Imposition of Special Import Measures, paragraph 4(c) of the 
International  Trade  Act states that the Commission shall have the po wer to "review its 
own findings and determination relating to the special import measure." Please explain 
further what types of reviews (e.g., annual reviews, clerical or ministerial errors, 
methodology or practice, mid -term or administrative reviews, etc. ) the Commission would 
 
1 G/ADP/Q1/GHA/1 - G/SCM/Q1/GHA/1 - G/SG/Q1/GHA/1 . 
2 G/ADP/N/1/GHA/2  - G/SCM/N/1/GHA/2  - G/SG/N/1/GHA/2 (dated 10 December 2019).  G/ADP/Q1/GHA/2 • G/SCM/Q1/GHA/2 • G/SG/Q1/GHA/2  
 
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  undertake. Also, how does this power of review work in conjunction with Section 43, 
Review of Decisions?  
Reply : 
For the purpose of clarity, we state that Sec. 22. (1) of the Act describes Special Import measures 
to include: safeguard  measures, anti -dumping duties, countervailing duties, and tariff adjustment 
measures.  
The Commission 's powers to review its own findings and determination as stated  in Sec. 22 (4c) of 
the Act is in accordance  with Article  11 of the WTO Anti-Dumping Agreement; Article 21 of the 
agreement on Subsidies and Countervailing measures as well as the various applicable 
WTO Agreements. The Commission will employ empirical methodology and practice to conduct 
periodic review of its findings and dete rmination. A periodic  review  by the Commission  may involve  
changes  in methodology  to assess the impact of the imposition of the special import measures on 
whether the identified injuries have been counteracted or remedied. Sec. 22 (5) of the Act requires 
the Commission to exercise these powers with regard to the agreements of the  WTO.  
The power  of review,  as explained  in Section  22, can be differentiated  from Review  of Decisions  as 
expressed  in Section  43 of the GITC Act. Section  43, of the Act does not derogate from, say, Article  13 
of the Anti -Dumping Agreement, which mandates independent judicial arbitral or administrative  
tribunals  to be maintained  for review  of final determination by investigating authorities such as  GITC.  
Section  43 of the Act affords  dissatisfied  interested  parties  the opportunity to  apply  for a judicial  review  
of the final decision,  recommendation,  order or ruling of the Commission. Such action is commenced 
at a court of competent  jurisdiction  in accordance  with the High Court  (Civil Procedure) Rules, 
2004 (Constitutional Instrument 47), and can be pursued within  six (6) months after the 
Commission 's ruling. Based on procedural improprieties  and on such grounds  as judicial  review  would  
be established.  
Question 3  
With regard to Section 25, Conduct of Investigations for Imposition of Safeguard 
Measures, paragraph 2(b) of the International Trade Act, please clarify what 
opportunities, outside of public hearings, that interested parties to a safeguard 
proceeding have to pr esent evidence, facts, and statements or submissions for 
consideration by the Commission? Will the Commission issue a questionnaire to interested 
parties?  
Reply : 
The Commission is committed to ensure fairness, transparency and objectivity in all its endeav ors. 
Parties with substantial interest in a petition are notified of the conduct of investigation by the 
Commission through a public notice in the Gazette, and in a newspaper of nationwide circulation, as 
stipulated in Section 25 of the Act.  
After the said  publication, interested parties are allowed to submit views and  facts,  within  a defined  
timeline,  for consideration  by the Commission. Questionnaires or forms may be supplied to interested 
parties, and in line with Sec. 23 (2) of the Act, the Commission p rovides the full opportunity to all 
interested parties to defend their  interests.  G/ADP/Q1/GHA/2 • G/SCM/Q1/GHA/2 • G/SG/Q1/GHA/2  
 
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  Question 4  
Please clarify whether a summary of the meetings with parties discussed in Section 42, 
Conduct of Proceedings, paragraph 2 of the International Trade Act will be placed on the 
public case file for interested parties to access.  
Reply : 
Section 42, paragraph 2, of the Act gives the Commission the discretion to grant a party 's request 
to hold proceedings in private. The rationale for this provision is to protect the sa nctity of confidential 
information and trade secrets of a party.  
In this regard, Section 48 of the Act empowers the Commission to decide on whether or not an 
information provided in private constitutes confidential  information  and are treated  as such and not 
placed  in a public case  file. 
Interested  parties  may however  through  Section  48 of the Act, on Disclosure of confidential 
information, request for such confidential information under some circumstances. This section 
demands that the Commission disclose such information to a party, under a business information 
protective order or by an order of a court of competent jurisdiction in the context of judicial  review.  
Question 5  
Please clarify whether there will be a public case file for antidumping, c ountervailing duty, 
and safeguard proceedings, who will have access to the public case file (e.g., only those 
entities registered as interested parties to the proceeding or anyone interested in the 
proceeding, including the general public), and how those w ith access will have access to 
the public case file (e.g., in -person or electronic).  
Reply : 
We repeat  our comments  stated  under  question  4. Since  the Commission  is a quasi –judicial  body,  it 
will keep a public  case file for all its proceedings. All non-confidential documents, minutes, and reports 
will be made available, upon request, to interested parties. The general public can access, relevant 
documents at the discretion of the Commission, either electronically or  manually.  
Question 6  
Please clarif y whether entities wishing to submit views, attend hearings, or otherwise 
participate in a proceeding under the International Trade Act will be required to register 
as an interested party to the proceeding. If parties will be required to register, please 
explain the registration process, including any associated deadlines or timeframes.  
Reply : 
The Commission  will, after it has decided  to initiate  an investigation  on a petition, issue a public 
notice of the decision to investigate in a Gazette and a newspaper of nationwide circulation. All 
persons and entities which demonstrate a level of interest in the matter under investigation will be 
allowed to state and defend their interests as interested parties. In upholding fairness and 
transparency, parties  will be required to be registered as interested parties to a petition through a 
written submission or online  process.  
Considering an investigation of Anti -Dumping, in line with Article 12.1.1 of the WTO Anti -Dumping 
Agreement and Regulation 14 (2) (f) of Anti-Dumping  Regulations, L.I. 2380, the public notice should 
contain time -limits allowed to interested parties to present a case. This Commission may also by 
Regulation  14 (5) issue a notice and call for information from interested parties. Such entities so 
defined would be required  to furnish the Commission with their views in writing within 
thirty  (30) days, subject to extension for good course shown.  
In an investigation requiring safeguard measures, an interested party will within 
twenty -one (21) days f rom the date of notification of an investigation,  submit  comments  on the G/ADP/Q1/GHA/2 • G/SCM/Q1/GHA/2 • G/SG/Q1/GHA/2  
 
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  petition  to the Commission.  The Commission may grant an extension of time for the submission of 
comments.  In investigations  involving  subsidization,  an interested  party calling for in formation may 
be given thirty  (30) days to respond to a questionnaire.  
 
 
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