India

1
RECENT DEVELOPMENTS IN ANTI-DUMPING 2 June
2005PRESENTATION JASPER WAUTERS Legal
Affairs Officer Rules Division
WTO Secretariat jasper.wauters_at_wto.
org
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RECENT DEVELOPMENTS IN ANTI-DUMPING AN UPDATE
ON THE STATE OF PLAY
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BASIS OF STATISTICAL DATA

• Data is based on notifications by WTO Members.
• AD and CVD data if an investigation covers
  imports from more than one WTO Member or country,
  the number of import sources are counted for
  example, if three WTO Members were involved, it
  is counted as three initiations/measures.
• No data on Reviews included.

4
ANTIDUMPINGNUMBER OF MEASURES1979 - 2004
Total 2 880
5
ANTI-DUMPINGINITIATIONS BY SECTOR 1995 - 2004
Total 2 647
6
ANTI-DUMPINGINITIATIONS BY SECTOR 1 JANUARY- 31
DECEMBER 2004
TOTAL 210
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ANTI-DUMPING NUMBER OF MEMBERS -
INITIATIONS1995 2004
Total Number 41 EC 1
8
ANTIDUMPINGMEASURES IMPOSED1995 - 2004
Total 1 656
9
ANTIDUMPINGMEASURES BY IMPORTING COUNTRY 1995
- 2004
302
Total 1 656
219
193
139
113
80
77
69
62
54
52
43
10
ANTIDUMPINGMEASURES BY IMPORTING COUNTRY 1
JANUARY- 31 DECEMBER 2004
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TOTAL 148
14
14
10
10
8
7
5
4
4
1
11
ANTIDUMPINGMEASURES BY EXPORTING COUNTRY 1995
- 2004
297
Total 1 656
118
89
83
82
76
63
60
57
12
ANTIDUMPINGMEASURES BY EXPORTING COUNTRY 1
JANUARY- 31 DECEMBER 2004
42
TOTAL 148
12
10
10
10
6
6
5
2
13
CVDsMEASURESIMPORTING COUNTRY1995 - 2004
45
Total 108 Members 13 (EC 1) Brazil
initiated before 1995
22
8
7
6
4
14
CVDsMEASURESIMPORTING COUNTRY1 JANUARY- 31
DECEMBER 2004
2
2
TOTAL 8
1
1
1
1
15
CVDsMEASURESEXPORTING COUNTRY1995 - 2004
29
Total 108 Members 23 (EC 1)
25
8
6
6
4
16
CVDsMEASURESEXPORTING COUNTRY1 JANUARY- 31
DECEMBER 2004
6
TOTAL 8
1
1
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• RECENT DEVELOPMENTS IN ANTI-DUMPING
• THE NEGOTIATIONS

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DDARules Negotiations

• Anti-dumping (Agreement on Implementation of
  Article VI of GATT 1994)
• Also included in the negotiations - not discussed
  in the presentation
• Subsidies and Countervailing Measures
• Fisheries Subsidies
• Regional Trade Agreements (RTAs)
• (Safeguards not included in the mandate)

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Mandate Paragraph 28 of the Doha Declaration

• In the light of experience and of the increasing
  application of these instruments by Members
• Objective negotiations aimed at clarifying and
  improving disciplines

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Mandate(contd)

• while preserving the basic concepts, principles
  and effectiveness of these agreements and their
  instruments and objectives,
• and taking into account the needs of developing
  and least developed countries

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Process

• Negotiating Group on Rules
• Chairman
• Ambassador Guillermo Valles Galmés (Uruguay)
• Key dates - January 2002 (start)
• - September 2003
  (checkpoint)
• - deadline?

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Anti-dumping

• Negotiations Some Players
• Friends of AD Negotiations Brazil Chile
  Colombia Costa Rica Hong Kong, China Israel
  Japan Korea, Rep. of Mexico Norway Chinese
  Taipei Singapore, Switzerland Thailand Turkey
• United States India EU Canada Australia
  Egypt Morocco China
• Process open to all WTO Members

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Anti-dumping

• Some 50 issues presented to the Group
• Mostly technical issues
• Article 2 (Dumping) e.g. on model matching,
  quantity of sales in domestic market, prohibition
  of zeroing, related parties.
• Article 3 (Injury)
• Articles 5, 6, and 9 relating to the
  investigation and reviews e.g. on de minimis
  margins, the use of facts available, and lesser
  duty rule.

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Anti-dumping

• Also general issues
• Transparency and procedural fairness prompt
  access to non-confidential information,
  preliminary determinations, verifications
• Technical assistance
• Reducing cost of investigation

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• A CLOSER LOOK AT 3 SPECIFIC SETS OF PROPOSALS

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1. PRICE UNDERTAKINGS

• Number of Members want to clarify essential
  concepts of Article 8 Price Undertakings
• Friends proposal define concepts and minimize
  level of discretion for rejecting price
  undertakings offered
• Reaction by other Members - mixed

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• 2. REVIEWS
• General drive to clarify and improve disciplines
  concerning reviews
• Procedural obligations
• Substantive requirements
• Specific recent proposals on duty assessment, new
  shipper and changed circumstances reviews
• Friends
• US
• Sunset reviews proposal for automatic sunset

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• 3. CIRCUMVENTION
• Unfinished business from Uruguay Round
• Ministerial Decision on Anti-Circumvention
• Need to preserve effectiveness of AD instrument
  prevent circumvention
• Specific recent US proposal
• Explicit recognition of 2 forms of circumvention
• Adoption of uniform and transparent procedures
  foranti-circumvention enquiries

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RECENT DEVELOPMENTS IN ANTI-DUMPING DISPUTE
SETTLEMENT
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SOME FIGURES

• Total number of cases initiated 329
• Anti-dumping related cases initiated 60
• Total number of panel / AB reports adopted 88
• Number of reports adopted in AD cases 20
• Number of trade remedies related reports 31
• Number of rules related reports 42

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• MAJOR ISSUES RAISED IN ANTI-DUMPING RELATED
  DISPUTES
• Dumping Article 2 (e.g. related parties, fair
  comparison adjustments zeroing)
• Injury and Causation - Article 3 (e.g. Article
  3.4 non-attribution)
• Procedural issues
• Initiation requirements (Article 5)
• Evidence (Article 6)
• Transparency of the proceedings
• Confidential information
• Facts available (Article 6.8 and Annex II)

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• RECENT LITIGATION SUNSET REVIEWS
• Applicability of procedural obligations
  concerning investigations to sunset reviews ?
• Initiation of sunset reviews
• De minimis rule
• Cumulation
• applicability of Articles 6.1 and 6.2
• Substantive obligations in sunset reviews
• Likelihood determination company specific or
  order wide?
• Basis for specific likelihood determination
• Dumping margins from the original investigation ?
• Applicability of Article 3 - injury ?