rEPORT (2015) OF THE COMMITTEE ON
ANTI-DUMPING PRACTICES
(adopted 28 october 2015)
1 ORGANIZATION OF THE WORK OF THE COMMITTEE on anti-dumping practices
1. The Agreement on Implementation of Article VI of GATT 1994
("the Agreement") entered into force on 1 January 1995. All Members
of the WTO are ipso facto members of the
Committee on Anti-Dumping Practices ("the Committee") established
under the Agreement.
2. Observer governments in the General Council of the WTO have Observer
status in the Committee. The International Monetary Fund, World Bank and UNCTAD
have regular Observer status in the Committee. Pursuant to a decision of the
Committee in October 1998, the ACP Group and the OECD are invited to attend
meetings on an ad hoc basis. Requests for
Observer status from the Common Market for Eastern and Southern Africa and the
Gulf Organization for Industrial Consulting are under consideration by Members.
3. This report covers the period 29 October 2014–28 October 2015
("the review period"). During the review period, the Committee held
two regular meetings, on 29 April and 28 October 2015 (G/ADP/M/48 and
G/ADP/M/49, respectively).
4. As of the beginning of the review period, Mr Andrew Staines (United
Kingdom) was Chair and Mr Hamed El-Etreby (Egypt) was Vice-Chair of the
Committee. At its April meeting, the Committee elected Mr Hamed El-Etreby
(Egypt) as Chair and Mr Peira Shannon (Australia) as Vice-Chair. Messrs El-Etreby
and Shannon took office at the end of that meeting.
2 NOTIFICATION AND EXAMINATION OF ANTI-DUMPING LAWS AND/OR REGULATIONS
OF MEMBERS
5. Pursuant to Article 18.5 of the Agreement and a decision of the Committee
in February 1995, all Members having new or existing legislation and/or
regulations which apply in whole or in part to anti-dumping duty investigations
or reviews covered by the Agreement are requested to notify the full and
integrated text of such legislation and/or regulations to the Committee.
Changes in a Member's legislation and/or regulations are also to be notified.
If a Member has no such legislation or regulations, the Member is to inform the
Committee of this fact. The Committee also decided that Observer governments
should comply with these notification obligations.
6. As of 28 October 2015, 78 Members had notified their anti-dumping
legislation[1],
while 35 Members had notified that they had no such legislation. These
notifications can be found in document series G/ADP/N/1/... . Twenty Members
had not, as of the end of the review period, made any notification of anti-dumping
legislation. Annex A sets out the status of notifications under Article 18.5,
and the reference symbol(s) of the document(s) containing each Member's current
notification.
7. During the review period, the Committee reviewed new notifications
of legislation submitted by the following Members: Armenia; Australia; Bahrain,
Kingdom of; Brazil; Qatar; Saudi Arabia, Kingdom of and the United States. It
also continued its review of the notifications of Brazil and Qatar. Pending
written questions posed to the legislative notification of Cameroon remained on
the agenda(s) of the April and October meetings. Written questions and answers
regarding legislative notifications can be found in documents of the
G/ADP/Q1/... series.
3 SEMI-ANNUAL REPORTS ON ANTI-DUMPING ACTIONS PURSUANT TO ARTICLE 16.4
8. With respect to the semi-annual
reports for the period 1 July-31 December 2014, as of 28 October 2015, 34 Members[2]
had notified the Committee of anti-dumping actions taken during this period. Twenty-one
Members had notified the Committee that
they had not taken any anti-dumping actions during this period. Nineteen Members that notified competent authorities
and 14 Members that did not
notify competent authorities had not submitted a notification in this regard.
These semi-annual reports were circulated in document series G/ADP/N/265/....
The status of semi-annual reports for this period is set out in Annex B. Questions
raised concerning these reports can be found in the minutes of the meeting and
in document series G/ADP/Q2/….
9. With respect to the semi-annual
reports for the period 1 January-30 June 2015, as of 28 October 2015, 33 Members had notified the Committee of anti-dumping
actions taken during this period.[3]
Fifteen Members had
notified the Committee that they had not taken any anti-dumping actions during
this period. Twenty-six Members
that notified competent authorities and 15 Members that did not notify competent authorities had not submitted
notifications in this regard. These semi-annual reports were circulated in
document series G/ADP/N/272/... . The status of semi-annual reports for this
period is set out in Annex B. Questions raised concerning these reports
can be found in the minutes of the meeting.
10. As of 28 October 2015,
44 Members had submitted a one-time notification pursuant to
Articles 16.4 and 16.5.[4]
11. At the Committee's meetings in April and October 2015, the Chairs
strongly urged Members that had not submitted reports of actions taken, nil
returns or one-time notifications, to submit these notifications.
12. A table summarizing new anti-dumping actions taken by Members as
reported in their semi-annual reports for the period 1 July 2014-30 June 2015
is reproduced in Annex C to this report.
4 REPORTS ON ALL PRELIMINARY OR FINAL ANTI-DUMPING ACTIONS
13. Pursuant to Article 16.4 of the Agreement, reports of preliminary
and final anti-dumping actions during the review period were received from Argentina;
Australia; Brazil; Canada; China; Egypt; the European Union; Guatemala; India;
Japan; Korea, Rep. of; Mexico; Morocco; New Zealand; Pakistan; Peru;
Philippines; the Russian Federation; South Africa; Chinese Taipei;
Trinidad and Tobago; Turkey; Ukraine; the United States and Viet Nam as
indicated in documents G/ADP/N/264, G/ADP/N/266, G/ADP/N/267, G/ADP/N/268,
G/ADP/N/269, G/ADP/N/270, G/ADP/N/271, G/ADP/N/273, G/ADP/N/274, G/ADP/N/275,
G/ADP/N/276 and G/ADP/N/277.
14. The Committee reviewed the notifications of preliminary and final
actions at its meetings in April and October 2015. Questions raised concerning these reports can be found in the minutes of
the meetings. At these meetings, the
Chairs drew attention to the apparent lack of full compliance in this
area, as some Members that submitted semi-annual reports indicating preliminary
and/or final actions had not submitted ad hoc notifications of preliminary or
final actions taken. The Chairs highlighted the importance of this notification
to the Committee's role in monitoring and discussing actions taken by Members,
and recalled that the revised minimum information format that had been adopted
by the Committee in October 2006[5]
and revised in October 2009[6]
clarified the kinds of actions to be notified and the information to be
submitted. A summary of the notifications submitted by Members pursuant to
Article 16.4 is contained in Annex D of this report.
15. The Chairs also reiterated the importance of submitting these
notifications, as in the case of all other notifications, to the WTO Centre for
Registration and Notification with a copy to the Secretary of the Committee.
Members were also requested not to resubmit previously submitted notifications
and to verify the electronic web-links included in such notifications.
5 Working Group on Implementation
16. The Working Group on Implementation held two meetings during the
review period, back-to-back with the Committee's regular meetings in April and
October 2015.
17. At its meeting in April 2015, the Group agreed to test - on a trial
basis at the October 2015 meeting - a new approach for work based on a topic
centred discussion, a discussant assisting the Chair to facilitate the
dialogue, deformalized submissions and a general non-attributable summary
report circulated by the Secretariat following the meeting as per current
practice. The Group also agreed on the topic and the discussant for the October
meeting (details of the new approach are contained in document G/ADP/M/48,
paragraph 88).
18. At its meeting in October 2015, the Group discussed the topic of
administrative, arbitral and judicial review under Article 13 of the Agreement.
Mr Justin Brown of Canada served as the discussant, and circulated a detailed
outline of possible issues to Members in July. It was also agreed that shortly
after the meeting, the Chair would hold consultations on whether the new
approach was helpful, how it could be improved, whether Members wanted to apply
it in the spring 2016 meeting and if so, what the topic and who the
discussant could be.
6 Informal Group on Anti-Circumvention
19. The Informal Group on Anti-Circumvention held one meeting during the
review period, back-to-back with the Committee meeting in April 2015 at which
the Group discussed a new paper submitted by the United States entitled
"Anti-Dumping Duty Evasion Services". The Group has also agreed on a
new approach for scheduling its future meetings (details of the new approach
are contained in document G/ADP/M/48, paragraph 86). Pursuant to that approach,
no meeting was held in October 2015.
7 Other Business
7.1 At the April 2015 meeting
20. The European Union made a
statement pertaining to the anti-dumping investigation initiated by Turkey on
hot-rolled coils from France, Romania and Slovakia. The Russian Federation made
a statement regarding the same anti-dumping investigation. Turkey took note of
the concerns raised to convey to capital.
21. Japan made a statement
concerning China's anti-dumping investigation on unbleached sack paper. China
provided its comments in this respect.
7.2 At the October 2015 meeting
22. China made a statement regarding the expiry of section 15(d) of its
Protocol of Accession. No comments by any Member were made in this respect.
23. The United States, supported by Australia, Canada, the European
Union, New Zealand and Chinese Taipei, made a statement regarding the inclusion
in the meetings' minutes of responses to Members questions submitted well after
the meetings.
24. Japan made a statement regarding China's investigations on
Grain-Oriented Steel and Acrylic from Japan, as well as Indonesia's
investigation on cold-rolled steel sheets from Japan. Both China and Indonesia
provided their comments in these respects.
25. Turkey made a statement regarding China's investigation on Acrylic
Fibre from Turkey. China provided its comments in this regard.
26. The Chair made a statement informing Members of the demonstration
that would be conducted by the Secretariat on new case management software for
anti-dumping investigations as well as a brief preview of a new computer-based
anti-dumping training tool in its final stages of development.
27. At the April and October 2015 meetings, the Chairs encouraged
Members that had issues to raise with other Members under other business to
provide sufficient notice to the Member concerned prior to the meeting in order
to ensure that an answer could be provided at the meeting.
[1] The European Union is counted as one Member.
[2] The European Union is counted as one Member.
[3] The European Union is counted as one Member.
[4] Notifications submitted pursuant to the format contained in
document G/ADP/19 adopted by the Committee on 21 October 2009. Members'
notifications in this regard could be found in document G/ADP/N/193 series.
[7] Seychelles became a WTO Member on 26 April 2015.
[8] Costa Rica notified definitive measures in force in document
G/ADP/N/265/CRI.
[9] Costa Rica notified definitive measures in force in document
G/ADP/N/272/CRI.
[10] The Dominican Republic notified definitive measures in force in
document G/ADP/N/272/DOM.
[11] Israel notified definitive measures in force in document
G/ADP/N/265/ISR.
[12] Seychelles became a WTO Member on 26 April 2015.
[13] Uruguay notified definitive measures in force in document
G/ADP/N/265/URY.
[14] Viet Nam notified definitive measures in force in document
G/ADP/N/272/VNM.
[15] Initiations of original investigations.
[16] New provisional measures in original investigations.
[17] New definitive measures in original investigations.
[18] Includes measures notified as having been fully or partially
revoked, and as having lapsed.
[19] Certain of the measures in force were notified as having been fully
or partially suspended.
[20] "Countries" refers in all cases to countries or customs
territories. A list of the abbreviations used in this table can be found
following the table.
[21] Based on information submitted in G/ADP/N/265/TTO.
[22] The data
shown in this column reflect the total numbers of all notified actions (of all
types) that pertain to the reporting period, as reported in documents G/ADP/N/261,
G/ADP/N/262, G/ADP/N/263, G/ADP/N/264, G/ADP/N/266, G/ADP/N/267, G/ADP/N/268,
G/ADP/N/269, G/ADP/N/270, G/ADP/N/271, G/ADP/N/273, G/ADP/N/274, G/ADP/N/275,
G/ADP/N/276 and G/ADP/N/277.
[23] Pursuant to the recommendation in G/ADP/9, adopted by the Committee
on 27 November 2002.