1. „The WTO-Anti-Dumping Agreement“
- Procedural issues -
Achim Seiler, Trade Consultant and Capacity Building Specialist, Kathmandu
EU-Project: Trade and Private Sector Development (TPSD)
TPSD is implemented by
in cooperation with
and

2. Overview of the Anti-Dumping Procedure
Written application by or on behalf of the domestic industry
Initiation of investigation
Provisional Measures (if necessary)
Measures (final)
Duration and Review

3. Sales in the Ordinary Course of Trade
Export Product
Dumping (?)
Country A
Country B

4. `Like´ Products Export Product in question `Like´ product
Product with closely resembling characteristics
Product without closely resembling characteristics
Product without closely resembling characteristics

5. By or on behalf of domestic industry
Spectrum of products produced in the importing country
As the products manufactured and sold by the domestic industry in the importing country are neither identical nor closely resembling those of the product under consideration (exported from Country B), there is no „domestic industry“ and hence no anti-dumping investigation can be started.
Country A

6. By or on behalf of domestic industry (II)
Like products produced in the importing country
The injury determination can only be carried out if the investigating authority determines whether the domestic industry in the importing country produces a product alike to the product under consideration (i.e. export product from country B)
Country A

7. By or on behalf of domestic industry (III)
The Agreement defines the term “domestic industry” to mean “domestic producers as a whole of the like products or those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products. Importers that do not produce themselves, cannot therefore be considered “domestic producers.

8. By or on behalf of domestic industry(IV)
Spectrum of products produced in the importing country
Imports
Imports No

9. By or on behalf of domestic industry(V)
Imports

10. By or on behalf of domestic industry(VI)
Domestic Producers as a whole
Major proportion

11. Excludable from the range of domestic producers
The Agreement recognizes that in certain circumstances, it may not be appropriate to include all producers of the like product in the domestic industry. Thus, Members are permitted to exclude from the definition of „domestic industry“:
- Producers related to the exporters or importers under
investigation, or
- Producers who are themselves importers of the allegedly
dumped product

12. Stages of an Investigation
Information Gathering
Preliminary Determination
Duration:
12 months, but no more than 18
Further investigation
Verification of Information
Final Determination

13. Preliminary evidence
Normally, an investigation will be initiated at the request of the domestic industry. This will file an application which should contain information ,in the sense of evidence, of dumping, injury and a causal link between the dumped imports and the alleged injury suffered by the domestic industry

14. Determination of Sufficiency of Evidence
An investigating authority must examine the accuracy and adequacy of the evidence submitted in the application in order to determine whether there is sufficient evidence to justify the initiation of an investigation. Should that investigating authority conclude that there is insufficient information on either dumping, injury or causal relationship, then the application must be rejected.

15. Checking `Standing´
The Agreement imposes an additional requirement relating to the support to the application. This is known as standing. It consists of a double, cumulative test: - Supporting producers account for more than 50% of the production by those expressing opinion (either support for or opposition to the application) - Supporting producers account for more than 25% of the total production

16. Checking `Standing´ (II)
Supporting producers
Domestic Producers as a whole
Expressing Opinion

17. Checking `Standing´ (III)
More than 25%
Expressing Opinion

18. Checking `Standing´ (IV)
Categories of Domestic Producers
Production A
Producers sumitting complaint
30.000 B
Producers supporting complaint but not filing it
20.000 C
Producers opposing the complaint D
Producers not expressing an opinion
Total
A + B = Support complaint
A + B + C = Producers express opinion
A + B + C + D = Total domestic industry
1.) A + B / A + B + C = / = 50 / 70 = 71%
2.) A + B / A + B + C + D = / = 50 / 100 = 50%

19. Initiating an Investigation `Ex Officio´
As an exception to the rule, an investigation can be initiated ex officio by the authorities of the importing country. This is limited to cases where special circumstances justify so doing

20. Summary of the Pre-Investigation Stage
Written application by or on behalf of the domestic industry:
Provision of evidence of
A) dumping
B) injury
C) a causal link
Decision to initiate the official investigation