. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/82
24 March 2000
(00-1223)
Committee on Anti-Dumping Practices
Ad Hoc Group on ImplementationOriginal:  English
PRACTICAL ISSUES AND EXPERIENCE IN CASES INVOLVING
CUMULATION UNDER ARTICLE 3.3
PRACTICAL ISSUES AND EXPERIENCE WITH RESPECT TO
QUESTIONNAIRES AND REQUESTS FOR INFORMATION
UNDER ARTICLES 6.1 AND 6.1.1
PRACTICAL ISSUES AND EXPERIENCE IN PROVIDING
OPPORTUNITIES FOR INDUSTRIAL USERS AND
CONSUMER ORGANIZATIONS TO PROVIDE
INFORMATION UNDER ARTICLE 6.12
PRACTICAL ISSUES AND EXPERIENCE IN CONDUCTING
"NEW SHIPPER" REVIEWS UNDER ARTICLE 9.5
Paper by Israel
The following communication, dated 21 March 2000, has been received from the Permanent
Mission of Israel.
_______________
PRACTICAL ISSUES AND EXPERIENCE IN CASES INVOLVING CUMULATION UNDER
ARTICLE 3.3
In response to the document submitted by Turkey G/ADP/AHG/W/68 with regard to the
factors to be considered in determining whether cumulation is appropriate in light of the conditions of
competition:
We agree with the factors set forth in paragraphs (i), (iii), (iv), (vii), (viii), (ix) as being
extremely relevant in determining conditions of co mpetition.  We notice that these are similar to the
four factors set forth in document G/ADP/AHG/W/75 (page 4) submitted by the United States.
Regarding paragraphs (ii), (v), (vi), we do not see how these factors are necessarily indicative
of competition between the various source of imports.  The fact that there are varying levels of
undercutting between the imports themselves and the domestic industry or that each source of imports
holds a different share of the market, does not contradict the fact that they may still be competitive.G/ADP/AHG/W/82
Page 2
PRACTICAL ISSUES AND EXPERIENCE WITH RESPECT TO QUESTIONNAIRES AND
REQUESTS FOR INFORMATION UNDER ARTICLES 6.1 AND 6.1.1.
In response to the Chairperson's proposal at the meeting of October 1999 to address the issue
of "upon cause shown" in considering extensions for responses to questionnaires, we would proposethe following circumstances to be considered:
• holidays which cause a delay in filing the response;
• when in the case of a small enterprise receivin g the questionnaire, additional time is needed in
order to complete the response.
PRACTICAL ISSUES AND EXPERIENCE IN PROVIDING OPPORTUNITIES FOR
INDUSTRIAL USERS AND CONSUMER ORGANIZATIONS TO PROVIDE
INFORMATION UNDER ARTICLE 6.12
The following are Israel's replies to the questions raised by Canada in document
G/ADP/AHG/W/76:
(a) The submissions by consumers and downstream users are relevant in respect to the
likely negative results of the anti-dumping duty concerning price effects and the
elimination of competition especially when the complainant is a sole producer who
enjoys monopolistic power;
(b) Competition authorities are not required but are allowed to present their views before
the anti-dumping authorities although to date they have not requested to do so.  In
fact, only the downstream users have availed themselves of the opportunity to be
heard on issues concerning competition and price effects of the duty;
(c) The lesser duty rule is practised as a ma tter of policy in determining the level of the
anti-dumping duty regardless of whether there have been submissions made by
consumer organizations or downstream users in a particular investigation.
PRACTICAL ISSUES AND EXPERIENCE IN CONDUCTING "NEW SHIPPER" REVIEWS
UNDER ARTICLE 9.5
The following is a question we would like to raise in order to learn the practices of the various
Members:
At what level is the provisional measure calculated for the period during which the review of
a "new shipper" is being carried out?  Is it always set at the "all others rate"?
__________