./.WORLD TRADE
ORGANIZATIONG/ADP/AHG/W/138
20 September 2002
(02-5067)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
PROPOSAL FOR OPERATIONALIZATION OF ARTICLE 15
Paper by the United States
The following communication, dated 19 September 2002, has been received from the
Permanent Mission of the United States.
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Paragraph 7.2 of the Decision on Implementation – Related Issues and Concerns
(WT/MIN(01)/W/10) states with respect to Artic le 15 of the Anti-Dumping Agreement that “the
modalities for its application would benefit from clarification”.  Further, the Committee onAnti-Dumping Practices has been instructed to “examine this issue and to draw up appropriate
recommendations within twelve months on how to operationalize this provision”.
Article 15 the Anti-Dumping Agreement provides:
It is recognized that special regard must be given by developed country Members to
the special situation of developing country Members when considering theapplication of anti-dumping measures under this Agreement.  Possibilities of
constructive remedies provided for by this Agreement shall be explored before
applying anti-dumping duties where they would affect the essential interests of
developing country Members.
In the view of the United States, one constructive remedy which must be considered in
relation to Article 15 is that of price undertakings.  While recognizing that price undertakings must be
mutually agreeable, Members would greatly benefit from clarification of the modalities for
consideration of such a constructive remedy.  Moreover, identification of normative principles for
consideration of such a constructive remedy would go a long way towards operationalizing Article 15
for the benefit of developing and developed countries alike.
In light of this need to clarify the special regard to be given by developed country Members to
developing country Members in exploring the possibility of such a constructive remedy in situations
in which Article 15 applies, the United States proposes the following principles to be observed:
1. Members shall publish or otherwise make known to all developing country exporters subject
to anti-dumping investigations the procedures to  be followed in requesting consideration of a
price undertaking, including the deadline for concluding any such undertaking;G/ADP/AHG/W/138
Page 2
2. In Article 15 situations, developed country Members shall provide at least two weeks after
issuance of a preliminary determination for developing country exporters to submit a
proposed price undertaking;
3.  In Article 15 situations, developed country Members shall provide an opportunity, upon
request and to the extent practicable, for developing country exporters to meet with the
investigating authority and to explain to it the provisions of, and need for, any proposed price
undertaking, including explaining the essential interests of the developing country which
would be affected by application of anti-dumping duties absent such an undertaking;
4.  In Article 15 situations, the investigating authority of the developed country Member shall
notify and provide a copy of any preliminarily accepted price undertaking to all parties to aninvestigation;
5. In Article 15 situations, the investigating authority of the developed country Member shall
provide all interested parties an opportunity to submit written argument and factual
information concerning any proposed price undertaking, and all such submissions shall besubject to the terms of Article 6;
6. In Article 15 situations, developed country Members shall not impose a price undertaking
unless the terms of that undertaking are accepted by substantially all exporters or producers of
the merchandise subject to investigation.
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