State of Play in Rules Negotiations

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State of Play in Rules Negotiations

• WTO and the Doha Round Way Forward
• Seminar organized by ICRIER
• April 6, New Delhi
• By
• Sudhakar Dalela, Deputy Secretary (TPD), DOC

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Doha mandate.

• Clarification and improvement of disciplines
  under the AD and SCM Agreements
• While preserving the basic concepts, principles
  and effectiveness of these Agreements and their
  instruments and objectives
• Initial phase
• Shall also aim to clarify and improve WTO
  disciplines on fisheries subsides taking into
  account the importance of this sector to
  developing countries

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From Doha to Hong Kong

• Substantial results in all areas
• Development dimension must be addressed as an
  integral part of any outcome
• To take into account, inter-alia,
• Need to avoid the unwarranted use..
• the desirability of limiting costs and complexity
  of proceedings..
• Strengthen due process, transparency..

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From Doha to Hong Kong..

• consider that negotiations on anti-dumping
  should, as appropriate, clarify and improve the
  rules regarding, inter alia,
• determinations of dumping, injury and causation,
  and the application of measures
• procedures governing the initiation, conduct and
  completion of antidumping investigations,
  including with a view to strengthening due
  process and enhancing transparency and
• the level, scope and duration of measures,
  including duty assessment, interim and new
  shipper reviews, sunset, and anti-circumvention
  proceedings

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From Doha to Hong Kong

• Desirability of applying to both anti-dumping and
  countervailing measures any clarifications and
  improvements..
• mandate the Chairman to prepare consolidated
  texts of the AD and SCM Agreements that shall be
  the basis for the final stage of the
  negotiations.

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Hong Kong Outcome Fisheries subsidies

• Broad agreement that the Group should strengthen
  disciplines on subsidies in the fisheries sector,
  including through the prohibition of certain
  forms of fisheries subsidies that contribute to
  over capacity and over-fishing
• Appropriate and effective SDT .taking into
  account the importance of this sector to
  development priorities, poverty reduction and
  livelihood and food security concerns.

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Some Key IssuesAnti-dumping negotiations

• Dumping determinations
• normal value determination
• affiliation,
• profitability test,
• cost allocation,
• fair comparison
• prohibition of zeroing
• Exchange rate

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Some Key IssuesAnti-dumping negotiations

• Injury and causation
• Material injury
• Injury and causation bench marks
• Non-attribution analysis
• Material retardation
• Standing requirements
• Definition of Domestic Industry

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Some Key IssuesAnti-dumping negotiations

• Initiation
• Identification of parties
• Pre-initiation consultations
• Pro-active authorities
• Negligible imports
• De-minimis for dumping margin
• Back to back initiation
• Product under consideration

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Some Key IssuesAnti-dumping negotiations

• Transparency and due process
• Proactive approach by authorities in ascertaining
  adequacy and accuracy ..
• Evidence and disclosure norms
• Disclosure of essential facts and consideration
  before preliminary determination
• Non-confidential information
• Public facility for access to documents..

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Some Key IssuesAnti-dumping negotiations

• Facts available
• Price Undertakings
• Lesser duty Rule
• New Shipper Reviews

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Some Key IssuesAnti-dumping negotiations

• 11 2 Reviews
• (Changed Circumstances Reviews)
• 113 Reviews
• Sunset Reviews

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Some Key IssuesAnti-dumping negotiations

• Public or Economic Interest Test
• Circumvention
• Dispute Settlement

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Some Key IssuesSubsidies negotiations

• Expanding prohibited category list
• Allocation of benefit methodologies
• Serious prejudice
• Specificity
• Benefit pass through

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Some Key IssuesSubsidies negotiations

• Export credit and guarantees
• Withdrawal of subsidy
• In fact export contingency
• Developing countries issues
• Desirability of applying to both anti-dumping and
  countervailing measures any clarifications and
  improvements

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Some Key IssuesFisheries subsidies negotiations

• Over-capacity and over-fishing
• Extent Links with trade distortion
• Trade distortion and/or production distortion
• Top down vs bottom up approach
• Scope and coverage
• Link with sustainability aspects
• Access payments
• Sustainable use of resources
• Competence issues.

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Fisheries subsidies negotiations Developing
countries

• Special and differential treatment
• Policy space for developing countries
• Case for small scale, artisanal fisheries
• Food security, employment and development
  priorities
• Sustainable use of resources

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Negotiating Posture

• Friends of Anti-Dumping Negotiations (FANs)
• US
• EC
• Canada, Australia
• Developing Countries..
• India

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Negotiating Process

• Plenary
• Plurilaterals
• (lo look at technical and legal issues)
• Textual Proposals by Members
• Timelines (April and July 2006)
• Consolidated texts by the Chairman
• Chairs text to be basis for further negotiations

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• Thank you.