./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/125
29 January 2002
(02-0404)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
IMPLEMENTATION-RELATED ISSUES REFERRED TO THE
COMMITTEE ON ANTI-DUMPING PRACTICES AND ITS
WORKING GROUP ON IMPLEMENTATION
Paper Submitted by Canada
The Doha Ministerial Conference directed the Committee on Anti-Dumping Practices and its
Working Group on Implementation to address certain issues and report within 12 months
(paragraphs 7.2 and 7.3 of document WT/MIN/(01)/17 refers).
Paragraph 7.3 --  Negligibility - The Appropriate Time Frame Used in Determining the Volume
of Dumped Goods
[The Ministerial Conference ] takes note that Article 5.8 of the Agreement on the
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 does not
specify the time frame to be used in determ ining the volume of dumped imports, and that this
lack of specificity creates uncertainties in the implementation of the provision. The Committee
on Anti-Dumping Practices is instructed, th rough its Working Group on Implementation, to
study this issue and draw up recommendations within 12 months, with a view to ensuring the
maximum possible predictability and objectivity in the application of time frames.
CANADIAN PRACTICE
Under Canada’s anti-dumping legislation, th e Canada Customs and Revenue Agency (CCRA)
is the investigating authority responsible for the determination of the margin of dumping and the
Canadian International Trade Tribunal (Tribunal) is the investigating authority responsible for injuryinvestigations.
The legislation requires that the CCRA examine the question of whether the actual or
potential volume of dumped goods from each country is negligible at the preliminary determination of
dumping stage.  The legislation also directs the Tribunal to subsequently determine whether thevolume of dumped goods from each country is negligible at the final determination of injury stage of
the investigation.  In examining the question of ne gligibility, both authorities consider the volume of
dumped and non-dumped imports from all sources during the CCRA’s period of investigation for
dumping, which is usually one year.  If either the CCRA, at the preliminary determination of dumping
stage, or the Tribunal, at the final determination of injury stage, finds that the volume of dumpedimports from a country is negligible, the investigation with respect to those goods is terminated
immediately.
The practices of the Canadian investigating authorities are based on the fact that the period of
investigation for dumping is the period for which both the CCRA and the Tribunal have actual data
concerning the volume of dumped as well as non-dumped goods from the countries being
investigated.G/ADP/AHG/W/125
Page 2
CANADIAN PROPOSAL
1. 
Bearing in mind the Committee’s recommendation concerning the periods of data collection
for anti-dumping investigations (G/ADP/6, May 16, 2000), Canada proposes the following:
The time frame to be used in determining the volume of imports in connection with
an investigating authority’s assessment of wh ether the volume of dumped imports is
negligible for the purposes of Article 5.8 of the Agreement on the Implementation ofArticle VI of the General Agreement on Tariffs and Trade 1994, should be the same
as the time period of data collecti on for the dumping investigation.  That
investigation period should normally be tw elve months, and in any case no less than
six months, ending as close to the date of the initiation of the investigation as ispracticable.
By adopting this proposal, transparency and predictability are provided to all parties involved
in an investigation with respect to the time period to  be used by the investigating authorities for the
assessment of whether the volume of dumped goods is negligible.
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