Negotiating Group on Rules - New Shipper Reviews (ADA Article 9.5) - Communication from the United States

TN/RL/W/156World Trade Organization TN/RL/W/156 4 June 2004 (04-2362) Negotiating Group on Rules Original: English NEW SHIPPER REVIEWS (ADA ARTICLE 9.5) Communication from the United States The following communication, dated 24 May 2004, is being circulated at the request of the Delegation of the United States. _______________ The United States and other Members have previously suggested that the Rules Negotiating Group discuss clarifications and improvements to Article 9.5 of the Anti-Dumping Agreement (ADA) to prevent abuse of the "new shipper" procedure in anti-dumping proceedings. In our view, Article 9.5 was designed to strike a balance between the needs of legitimate new shippers and the needs of injured domestic industries seeking to ensure that anti-dumping orders remain effective, also taking into account the need for effective administration of this procedure. However, it has been our experience, and apparently that of other Members as