. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/IG/W/26
22 September 2000
(00-3809)
Committee on Anti-Dumping Practices
Informal Group on Anti-CircumventionOriginal:  English
TOPIC 2 – WHAT IS BEING DONE BY MEMBERS CONFRONTED
BY WHAT THEY CONSIDER TO BE CIRCUMVENTION?
Paper by Egypt
The following communication, dated 20 September 2000, has been received from the
Permanent Mission of Egypt.
_______________
Reflections upon the United States' submission in G/ADP/IG/W/22 dated 19 September 2000
In earlier meetings, some Members discussed the problem of circumvention, and presented
several hypothetical examples of circumve ntion.  Although a common understanding on what
constitutes circumvention has not yet been reached, Members have agreed that it is appropriate to
move on to Topic 2, which is "what is being done by Members confronted with what they consider to
be circumvention".
It should be noted that in the Egyptian prac tice, the anti-circumvention investigation has
never been put into practice, but it considers that it would be appropriate that Members with
experience in conducting anti-circumvention investigations should provide the Group with a summaryof the particular techniques applied in carrying out such investigations.
In this regard, we would like to extend our thanks to the delegation of the United States for
introducing its paper dated 19 April 2000 (G/ADP/IG/ W/22), which describes its procedures.  Egypt
considers that it would be helpful if the delegation of the United States would provide furtherexplanation concerning the following questions in order to give a clear idea about how its anti-
circumvention procedures are consistent with current WTO/ADA.
Questions in relation to the WTO/ADA:
1. How has the United States been able to justify its procedures within the provisions of
Articles 1 and 18.1 of ADA.
2. Article 18.4 of the ADA provides that:  "each Member shall take all necessary steps of a
general or particular character, to ensure, not later than the date of entry into force of theWTO Agreement for it, the conformity of its laws, regulations and administrative procedures
with the provisions of this Agreement as they may apply for the Member in question".
Would the United States explain how its anti-circumvention procedures are consistent with
the above-mentioned Article.G/ADP/IG/W/26
Page 2
3. Footnote (2) of the aforementioned US paper states that "the United States law provides that
an anti-circumvention determination, to the maxi mum extent practicable, be made within 300
days after initiation of an inquiry".
Would the United States explain in more detail the rationale for this timeframe?
4. According to United States procedures, an anti-circumvention inquiry normally is initiated as
the result of an application submitted by the appropriate US industry.  How are the provisions
of Article 5.4 of the WTO/ADA applied, or to be more precise, how does the Department of
Commerce examine the standing of an applicant and how does it determine the eligibility of
the applicant and his/her application?
5. Would the United States explain what is the form of measures finally applied (i.e. additional
duties, new duties or other).
6. In cases of assembling industries, Egypt re quests answers to the following questions:
First:  are the parts or components entering into a final product - the latter which has been
subject to anti-dumping duties during an initial investigation - liable to new anti-
circumvention duties?
Second:  how could it be claimed that anti-dumping duties that are already imposed on one
specific product be imposed on another?
Third:  in the case of parts of components, are there circumstances where an anti-
circumvention inquiry can be conducted and measures applied by the authority on a specific
product without an application being received from the concerned domestic industry?
Finally, Egypt invites other Members to provide the Group with their experiences in
conducting anti-circumvention investigations, in orde r to examine the need for special rules on anti-
circumvention and to clearly set out what Members' rights and obligations are under the measures.
Egypt also believes that the Group should examine whether any additional rules are required in order
to allow Members to deal effectively with the practical problems of circumvention.
__________