WORLD TRADE
ORGANIZATIONG/ADP/AHG/R/12
8 April 2003
(03-1922)
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,
21 OCTOBER 2002
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 21 October 2002.1  The Group adopted the proposed agenda for the
meeting, which had been circulated in WTO/AIR/1932, dated 11 October 2002.
2. The Chairman, (Mr. Cristian Espinosa, Ecuador) noted that the Group would take up the
topics for discussion in the order set forth in the agenda.  There were three topics on the agenda – the
draft recommendation concerning cumulation issues, the status of adopted recommendations, and the
future work of the Group.  He noted that immediat ely following the regular meeting, the Group would
meet in informal session to discuss the implementation issues referred to the it by Ministers.
3. Turning first to the draft recommendation on cumulation, the Chairman 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 and
the membership of the Group are coextensive, and all Members would have had an opportunity toconsider 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, he would put it before the Committee at its meeting later in the
week, 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.1.
A number of Members commented on the draft recommendation.  Some Members had specific
proposals concerning drafting, and additional suggestions clarifying the relationship between the draftrecommendation and the differing national practices in which it might be applied.  One basic question
                                                     
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/12
Page 2
that was also discussed concerned the degree of detailed elements that the recommendation should
contain.  In some Members' views, a recommendation containing fewer elements or less-detailed
guidance would not have much value, while other Members noted that the discussions themselves
provided a great deal of information and consequently could provide guidance, regardless of the
contents of any recommendation actually adopted.
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 at
the Group's next meeting.2
6. Turning to the next item on the agenda, the question of the status of adopted
recommendations, the Chairman observed that he had put the matter on the agenda in order to
encourage a discussion of the status of adopted recommendations in the context of the work onimplementation issues in both the Working Group and the Committee, and the mandate of Ministers
in the Decision on Implementation-Related Issues and Concerns to draw up recommendations on the
matters referred to the Committee.  He noted th at any recommendations agreed to by the Working
Group would, as had become practice, be sent to the Committee in formal session for adoption, and
that he would be reporting on the Committee's, and the Working Group's, work on implementationissues to the General Council in December.
7. Several Members commented that the concern with the status of adopted recommendations
pre-dated the Ministers' decision to refer implementation issues to the Committee and the Working
Group.  Some noted that the lack of agreement on the draft decision concerning the status of adopted
recommendations need not affect the work of the Group either in the implementation process, or moregenerally, with regard to its future work.  Severa l Members stated the view that the content of the
discussions was as important as any recommendation that might emerge from the discussions.  There
was no specific discussion of the draft text, copies of which were made available to Members.
8. Turning to the last item on the agenda, the Chairman reminded Members that the issue of the
future work of the Group had been raised at the previous meeting, and the Chairperson had suggestedat that time that Members consider whether the Group should continue to schedule regular meetings
of several days in conjunction with the regular meetings of the Committee, as well as what matters
should be on the agenda of such meetings.  He noted that, as in the spring, no new papers on any of
the topics currently before us in this Group had been submitted for consideration at the meeting.
9. The Chairman proposed that Members undertake the process of proposing new topics for
discussion in this Group.  He reminded Members that, in the past, in deciding on topics of discussion
in the Working Group, Members had been asked to make proposals for topics of discussion, which theSecretariat has compiled and circulated to Members several weeks in advance of the Group's meeting.
After a thorough discussion in the Group, Members agre ed on a list of topics they considered would
merit discussion, and the Committee had subsequently formally referred them to the Group for
discussion.  He proposed that the Group follow this  procedure, and that proposals for new topics of
discussion be submitted to the Secretariat no later than Monday, 31 March.
10. One Member suggested that it might be useful to divide proposed topics into those that
Members envisioned as leading to a recommendation, and those opened for discussion without the
intention of going forward to a draft recommendation.  Other Members commented that the possibility
of recommendations had, in the past, emerged from the discussions themselves, and that therefore it
might not be useful to limit the possibility at the outset.  Members generally considered that itremained appropriate to schedule two days for the meetings of the Group.
                                                     
2 Subsequently issued as document G/ADP/AHG/W/121/Rev.2.G/ADP/AHG/R/12
Page 3
11. Members agreed to begin the process of choosing new topics for discussion.  They agreed that
while Members need not limit themselves, they might, if they considered it appropriate, note that one
or another topic was being proposed for discussion.  It was agreed that proposals for new topics for
discussion would be submitted to the Secretariat no later than 31 March 2003.  The Secretariat would
compile suggestions received by that date and circulate them to Members, for consideration at thenext meeting of the Working Group.
12. The Group agreed that its next meeting would be scheduled in conjunction with the next
regular meeting of the Committee, commencing Tuesday, 29 April 2003.
13. The Group agreed that papers and other subm issions for the Group's next meeting should be
transmitted to the Secretariat no later than 18 March 2003, and as previously decided, proposals for
new topics of discussion would be submitted no later than 31 March 2003.
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