Negotiating Group on Rules - Comments on the Lesser Duty Rule - Communication from Brazil

World Trade Organization TN/RL/W/189 13 October 2005 (05-4671) Negotiating Group on Rules Original: English COMMENTS ON THE LESSER DUTY RULE Communication from Brazil The following communication, dated 11 October 2005, is being circulated at the request of the Delegation of Brazil. _______________ Several proposals related to the “lesser duty rule” have been already submitted to the Negotiating Group on Rules (NGR). The most recent and detailed ones, in which the proponents suggest amending the Anti-Dumping Agreement (ADA) so as to require the mandatory application of the "lesser duty rule" (LDR) in antidumping investigations, were submitted by the Friends of Antidumping Negotiations (FANs) and India. In reaction, the United States submitted a document focusing on some perceived methodological and practical difficulties with the mandatory application of the lesser duty rule. In this paper, Brazil would like to address some aspects raised in