Negotiating Group on Rules - Submission from Canada Respecting the Agreement on Implementation of Article VI of the GATT 1994 (the Anti-Dumping Agreement)
- WTO Secretariat
- 2006/04/24
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World Trade
Organization TN/RL/W/47
28 January 2003 (03-0575) Negotiating Group on Rules Original: English
SUBMISSION FROM CANADA RESPECTING THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GATT 1994
(THE ANTI-DUMPING AGREEMENT)
The following communication, dated 27 January 2003, has been received from the Permanent Mission of Canada.
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The Negotiating Group on Rules was instructed by Ministers at Doha to clarify and improve disciplines under the Agreement on the Implementation of Article VI of GATT 1994 (the Anti-Dumping Agreement or ADA). In proceeding with this mandate the Group is instructed to preserve the basic concepts, principles and effectiveness of the Agreement and to take into account the needs of developing and least-developed participants.
These tasks were given by Ministers “in the light of experience and of the increasing application of these instruments by Members...”. This statement of fact reflects the seriousness of the challenges before this Group. On 1 January 1995, when the ADA came into effect, there were 730 definitive anti-dumping measures in place. As of July 2002 this number had grown to over 1100. Moreover, our experience with this Agreement in terms of the work undertaken by the Committee on Anti-Dumping Practices and the increasing number of dispute settlement panels, points to the broad divergences that exist in the interpretation and application of basic provisions of the ADA.
Canada is committed to making progress in clarifying and improving anti-dumping disciplines. Unjustified use of these measures can serve to impair core objectives of the WTO such as achievements in market access liberalization. Moreover, Canada believes that significant progress can be made in improving the disciplines while preserving the basic concepts, principles and the effectiveness of the Agreement in addressing injurious dumping.
The mandate of the Group instructs participants to identify negotiating issues including “d