WORLD TRADE
ORGANIZATIONG/ADP/AHG/R/13
2 September 2003
(03-4578)
Committee on Anti-Dumping Practices
Working Group on Implementation
SUMMARY REPORT OF THE MEETING OF THE WORKING
GROUP ON IMPLEMENTATION OF THE COMMITTEE
ON ANTI-DUMPING PRACTICES,
29 APRIL AND 1 MAY 2003
Note by the Secretariat
1. The Working Group on Implementation ("the Group") met in formal session and held
substantive discussions concerning the topics referred to it by the Committee on Anti-Dumping
Practices ("the Committee") on 29 April and 1 May 2003.1  The Group adopted the proposed agenda
for the meeting, which had been circulated in WTO/AIR/2075, dated 17 April 2003.
2. The Chairperson, (Ms. Caroline Trautweiler, Sw itzerland) noted that the Group would take up
the topics for discussion in the order set forth in the agenda.  There were two topics on the agenda –
the draft recommendation concerning conditions of competition that may be relevant to a decision
whether a cumulative assessment of the effects of imports is appropriate (documentG/ADP/AHG/121/Rev.2), and proposed new topics for discussion in the Working Group (document
G/ADP/W/431).
3. Turning first to the draft recommendation on cumulation, the Chairperson reminded Members
of  the applicable procedures.  If the Group came to a consensus on the draft recommendation, it would
be sent forward to the Committee for its consideration.  Given that the membership of the Committee andthe membership of the Group are coextensive, and all Members would have had an opportunity to
consider the draft recommendation, and discuss it in this Group, there should be little need for discussion
in the Committee before deciding whether to adopt a recommendation of the Group as a Committee
Decision.  Therefore, if a draft recommendation was agreed to by the Group, and sent forward to the
Committee at the end of the meeting, she would put it before the Committee at its meeting later in theweek, and propose that a decision be made at that meeting.
4. The Group then turned to the consideration of the draft recommendation concerning
conditions of competition that may be relevant to a decision whether a cumulative assessment of the
effects of imports is appropriate, which had been circulated as document G/ADP/AHG/W/121/Rev.2.
The Chairperson noted that no new papers on this topics were received.  A number of Memberscommented on the draft recommendation.  Some Members had specific proposals concerning
                                                     
1 The list of topics referred to the Working Group was circulated to Members in document
G/ADP/W/410.This document has been prepared under the Secretariat's own
responsibility and without prejudice to the positions of Members
and to their rights and obligations under the WTOG/ADP/AHG/R/13
Page 2
drafting, and additional suggestions clarifying the relationship between the draft recommendation and
the differing national practices in which it might be applied.
5. The Secretariat was asked to prepare a revised version of the draft recommendation,
incorporating suggestions made at the meeting and reflecting tentative agreements and areas of
disagreement, and circulate it to Member as a working document as a basis for continued discussion atthe Group's next meeting.
2
6. Turning to the second item on the agenda, proposed new topics for discussion in the Group,
the Chairperson recalled that as no new papers on any of the topics currently before the Group,
reflected in documents G/ADP/W/401 and G/ADP/W/410, were submitted for consideration at the
previous two meetings of the Group, that is, both the meetings in 2002, the Working Group agreed
during its last meeting in October 2002 that proposals for new topics for discussion should be
submitted to the Secretariat no later than 31 March 2003, to allow Members to begin the process ofchoosing new topics for discussion.  The Chairperson informed the Group that two proposals for new
topics had been received, from the European Communities and from the United States.  These
proposals were circulated as documents G/ADP/AHG/W/146 and G/ADP/AHG/W/147, respectively.
7. Before the Chairperson moved to a discussion of the proposed new topics, she recalled the
history of discussions in the Group.  She noted that the Committee on Anti-Dumping Practices hadoriginally referred a group of ten topics to the Group, then called the Ad Hoc Group on
Implementation, in October 1996 for discussion and consideration of possible recommendations to the
Committee.  The Group had useful discussions of these topics over the course of the succeeding two
years.  At the meeting of the Group in April 1999, Members concluded that certain of the topics could
be set aside from active discussion, having been taken as far as possible.  It was understood that thesetopics had not been eliminated from the Group's consideration.  If any Member would wish to initiate
further discussions of any of these topics, they might do so by submitting, by the applicable deadline,
a paper on the topic for consideration at the next  meeting of the Group.  The Committee then referred
six new topics to the Group in April 1999, which have been the subject of discussions since then.
8. The Chairperson commented that it seemed to her that Members might wish to, as in the past,
set aside the topics currently before the Group, and decide on a set of new topics of discussion.  As
before, no topic would be formally withdrawn from  consideration, but such topics would only be
discussed if a Member submitted a paper concerning that topic.  This method left Members flexibility
in managing the work of the Group by ensuring that the topics on the agenda for any meeting were
only those regarding which Members had made submissions, suggesting that there was something
substantive to be discussed.
9. In light of the history of the discussion in the Group, the Group then considered that certain of
the topics that had been referred to it by the Committee, as set out in document G/ADP//410, could be
set aside from active consideration, on the same basis on which a similar decision was taken in
April 1999, with the understanding that these topics  would remain before the Group in an inactive
mode, to be resuscitated when deemed necessary by Members.  The topics so set aside are reflected in
paragraph 1 of document G/ADP/W/433.
10. The Group then discussed the six new topics proposed by the European Communities and
circulated in document G/ADP/AHG/W/146, as well as the four new topics proposed by the
United States and circulated in document G/ADP/AHG/W/147.  A compilation of all the proposed
new topics has also been circulated in document G/ADP/W/431.
                                                     
2 Subsequently issued as document G/ADP/AHG/W/121/Rev.3.G/ADP/AHG/R/13
Page 3
11. In light of the discussions, the Group decided to submit a list of four new topics to the
Committee for a decision formally referring them to the Group for discussion and consideration of
possible recommendations to the Committee.  The four topics are: export prices to third countries or
constructed normal value - Article 2.2; foreign exchange fluctuations - Article 2.4.1; conduct of
verification - Article 6.7; and judicial, arbitral or administrative review - Article 13.3
12. The Group agreed that its next meeting would be scheduled in conjunction with the next
regular meeting of the Committee, commencing Tuesday, 21 October 2003 and that papers and other
submissions for the Group's next meeting should be transmitted to the Secretariat no later than
9 September 2003.
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3 Members subsequently agreed to refer the four new topics to the Group for discussion, and the list of
new topics was subsequently circulated as document G/ADP/W/433.