./.WORLD TRADE
ORGANIZATIONG/ADP/AHG/W/124/Rev.3
23 September 2002
(02-5085)
Committee on Anti-Dumping Practices
Working Group on Implementation
DRAFT RECOMMENDATION CONCERNING THE TIME-PERIOD TO BE
CONSIDERED IN MAKING A DETERMINATION OF NEGLIGIBLE
IMPORT VOLUMES FOR PURPOSES OF ARTICLE 5.8
OF THE AGREEMENT
Revision
The Committee notes that Article 5.8 of the Agreement on Implementation of Article VI of
GATT 1994 provides that there shall be immediat e termination in cases where the authorities
determine that the volume of dumped imports, actual or potential, is negligible.  Article 5.8 alsodefines the volume of dumped imports from a particular country that shall normally be regarded as
negligible.  However, it does not establish a period of time over which imports are to be counted in
determining whether the volume of imports is ne gligible.  The Committee considers that guidance
regarding an appropriate time-period for that determination would be useful.
A. [In light of the foregoing, the Committee recommends that, with respect to original
investigations to determine the existence of dumping and consequent injury, whether the volume of
[actual
] dumped imports from a particular country is regarded as negligible shall [normally ] be
determined with reference to the volume of [actual dumped] imports from that country during:
(a) the most recent 12 consecutive months [but not less than 6 months] prior to initiation
for which data are available; or
(b) the period of data collection for the dumping investigation [used for the purpose of
initiating the investigation]; or
(c) the most recent 12 consecutive months [but not less than 6 months] prior to the date
on which the application was filed for which data are available[; or
(d) the latest 12 consecutive months but not less than 6 months of the period of data
collection for the injury investigation used for the purpose of initiating the
investigation].
[[Generally] , Members [should/shall] use one of the aforementioned periods on a consistent
basis.]  [Members should choose, in advance, one of the afore-mentioned periods, give notice of their
choice, and use that period on a consistent basis [in a particular investigation].]  [If a different period
is used in a particular investigation, an explana tion of the reason for the selection of the particular
period should be provided in a public notice [or separate [public] report] in that investigation.]]
B. [In light of the foregoing, the Committee recommends that, with respect to original
investigations to determine the existence of dumping and consequent injury, whether the volume of
actual dumped imports from a particular country is regarded as negligible shall be determined withG/ADP/AHG/W/124/Rev.3
Page 2
reference to the volume of imports from that country during the most recent 12 consecutive months
prior to initiation for which data are available.
However, Members whose domestic legislation does not allow them to use the most recent 12
consecutive months prior to initiation for which data are available may use the most recent 12consecutive months prior to the date on which the application was filed for which data are available,
provided that the application is public.  Those Members shall notify to the Committee regarding the
limitations in their legislation.]
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