RECENT DEVELOPMENTS IN ANTI-DUMPING 2 June 2005 PRESENTATION: JASPER WAUTERS Legal Affairs Officer Rules Division WTO Secretariat

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

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.

ANTI–DUMPING NUMBER OF MEASURES Total: 2 880

ANTI-DUMPING INITIATIONS BY SECTOR Total: 2 647

ANTI-DUMPING INITIATIONS BY SECTOR 1 JANUARY- 31 DECEMBER 2004 TOTAL: 210

ANTI-DUMPING NUMBER OF MEMBERS - INITIATIONS 1995 – 2004 Total Number: 41 EC = 1

ANTI–DUMPING MEASURES IMPOSED Total: 1 656

ANTI–DUMPING MEASURES BY IMPORTING COUNTRY Total: 1 656

ANTI–DUMPING MEASURES BY IMPORTING COUNTRY 1 JANUARY- 31 DECEMBER 2004 TOTAL:

ANTI–DUMPING MEASURES BY EXPORTING COUNTRY Total:

ANTI–DUMPING MEASURES BY EXPORTING COUNTRY 1 JANUARY- 31 DECEMBER 2004 TOTAL:

CVD’s MEASURES IMPORTING COUNTRY Total: 108 Members 13 (EC = 1) Brazil initiated before

CVD’s MEASURES IMPORTING COUNTRY 1 JANUARY- 31 DECEMBER 2004 TOTAL:

CVD’s MEASURES EXPORTING COUNTRY Total: 108 Members 23 (EC = 1) 6

CVD’s MEASURES EXPORTING COUNTRY 1 JANUARY- 31 DECEMBER 2004 TOTAL:

RECENT DEVELOPMENTS IN ANTI-DUMPING THE NEGOTIATIONS

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

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”

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”

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

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

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.

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

A CLOSER LOOK AT 3 SPECIFIC SETS OF PROPOSALS

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

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

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 for anti-circumvention enquiries

RECENT DEVELOPMENTS IN ANTI-DUMPING DISPUTE SETTLEMENT

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

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)

RECENT LITIGATION SUNSET REVIEWS o 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 o 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 ?