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RECENT DEVELOPMENTS IN ANTI-DUMPING

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

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RECENT DEVELOPMENTS IN ANTI-DUMPING

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  1. RECENT DEVELOPMENTS IN ANTI-DUMPING 2 June 2005PRESENTATION: JASPER WAUTERSLegal Affairs Officer Rules Division WTO Secretariat jasper.wauters@wto.org

  2. RECENT DEVELOPMENTS IN ANTI-DUMPING AN UPDATE ON THE STATE OF PLAY

  3. 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. ANTI–DUMPINGNUMBER 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

  7. ANTI-DUMPING NUMBER OF MEMBERS - INITIATIONS1995 – 2004 Total Number: 41 EC = 1

  8. ANTI–DUMPINGMEASURES IMPOSED1995 - 2004 Total: 1 656

  9. ANTI–DUMPINGMEASURES BY IMPORTING COUNTRY1995 - 2004 302 Total: 1 656 219 193 139 113 80 77 69 62 54 52 43

  10. ANTI–DUMPINGMEASURES BY IMPORTING COUNTRY1 JANUARY- 31 DECEMBER 2004 29 TOTAL: 148 14 14 10 10 8 7 5 4 4 1

  11. ANTI–DUMPINGMEASURES BY EXPORTING COUNTRY1995 - 2004 297 Total: 1 656 118 89 83 82 76 63 60 57

  12. ANTI–DUMPINGMEASURES BY EXPORTING COUNTRY1 JANUARY- 31 DECEMBER 2004 42 TOTAL: 148 12 10 10 10 6 6 5 2

  13. CVD’sMEASURESIMPORTING COUNTRY1995 - 2004 45 Total: 108 Members 13 (EC = 1) Brazil initiated before 1995 22 8 7 6 4

  14. CVD’sMEASURESIMPORTING COUNTRY1 JANUARY- 31 DECEMBER 2004 2 2 TOTAL: 8 1 1 1 1

  15. CVD’sMEASURESEXPORTING COUNTRY1995 - 2004 29 Total: 108 Members 23 (EC = 1) 25 8 6 6 4

  16. CVD’sMEASURESEXPORTING COUNTRY1 JANUARY- 31 DECEMBER 2004 6 TOTAL: 8 1 1

  17. RECENT DEVELOPMENTS IN ANTI-DUMPING THE NEGOTIATIONS

  18. 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)

  19. MandateParagraph 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”

  20. Mandate(cont’d) • “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”

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

  22. 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

  23. 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.

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

  25. A CLOSER LOOK AT 3 SPECIFIC SETS OF PROPOSALS

  26. 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

  27. 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

  28. 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

  29. RECENT DEVELOPMENTS IN ANTI-DUMPING DISPUTE SETTLEMENT

  30. 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

  31. 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)

  32. 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 ?

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