RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/80
24 March 2000
(00-1215)
Committee on Anti-Dumping Practices
Ad Hoc Group on ImplementationOriginal:  English
PRACTICAL ISSUES AND EXPERIENCE IN APPLYING
ARTICLE 2.4.2
TERMINATION OF INVESTIGATIONS UNDER ARTICLE 5.8
IN CASES OF DE MINIMIS  IMPORT VOLUME
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 Egypt
The following communication, dated 22 March 2000, has been received from the Permanent
Mission of Egypt.
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PRACTICAL ISSUES AND EXPERIE NCE IN APPLYING ARTICLE 2.4.2
Egypt determines the method of calculation of dumping margins on the basis of a case-by-
case analysis.  The method used depends largely upon the kind and the nature of goods under
investigation and the information suppli ed by the Foreign Exporters/Producers.
The preferred method is to use transaction-by-transaction basis, covering all the goods under
investigation over the period set for the comparison of values and prices.
This method provides the information, which identifies the dumping, and the volume of
dumped goods.  It also reflects any variations in export price and normal value over the investigation
period.
The alternative which establishes normal values on a weighted average basis as set out in
Article 2.4.2 can lead to remedies being applied where no dumping in reality exists, the volume ofG/ADP/AHG/W/80
Page 2
dumped imports may not be known by using this approach, the extent of the dumping may well be
incorrect or alternatively give a result showing no dumping when dumping is occurring.
TERMINATION OF INVESTIGATIONS UNDER ARTICLE 5.8 IN CASES OF DE MINIMIS
IMPORT VOLUME
Where it is found that the volume of imports is negligible or the margin of dumping is de
minimis , the Egyptian Regulation requires that the investigation must be terminated promptly.  This is
done country by country.
It is not always possible to terminate an investigation for a particular Member under this
provision at the time of initiation, because the volume of imports may not be known to be negligibleat that point.  Further refinement of the import volume figures during the investigation will clarify the
position and at that stage, the Egyptian Investigatin g Authority, promptly determines the investigation
in respect to those imports.
In case of de minimis  margin of dumping being found, the Egyptian Investigating Authority
promptly terminates the investigation.
PRACTICAL ISSUES AND EXPERIENCE IN CASES INVOLVING CUMULATION UNDER
ARTICLE 3.3
It is Egypt's practice to cumulate where the goods are from different sources but found to be
dumped.  The injury effects on the domestic industry are examined in respect to the dumped goods,
which means all the dumped goods have to be included.  It has been found that information requested
from importers and overseas producers and exporters is important in the evaluation of the effects of
dumped goods.  All these parties need to cooperate wi th the investigating authorities in order that the
information can be used to evaluate the effects of the dumped goods.
If the information is available, Egypt evaluates the price effects individually.  Volume effects
are normally evaluated on a total volume basis for dumped goods.
PRACTICAL ISSUES AND EXPERIENCE WITH RESPECT TO QUESTIONNAIRES AND
REQUESTS FOR INFORMATION UNDER ARTICLES 6.1 AND 6.1.1.
Egypt prepares questionnaires based on a standard format changed to suit circumstances of
each case as known at the time after initiation.  These are sent to foreign exporters/producers,
domestic industry and importers after initiation.
Egypt has been responsive to requests for extensions of time from parties but has found that
despite extensions (sometimes several) some parties have not responded or the response was
inadequate.  It could be that the period for response of 30 days is not sufficient.
The Egyptian questionnaire is designed to be user-friendly and bears in mind the needs of
Article 6.13.  Responses on computer discs have been found to be helpful in the analysis of sales in
both the local market and export.G/ADP/AHG/W/80
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PRACTICAL ISSUES AND EXPERIENCE IN PROVIDING OPPORTUNITIES FOR
INDUSTRIAL USERS AND CONSUMER ORGANIZATIONS TO PROVIDE
INFORMATION UNDER ARTICLE 6.12
At the initiation of an investigation, public notice of the initiation is given.  This provides the
opportunity for industrial users and consumers to make submissions.  All such submissions where
they have positive information are subject to verification as to their accuracy.
If industrial users of the goods are known, then  their attention will be drawn to the case in
order to have the opportunity to make submissions.
Other government ministries may also be asked to make submissions where this is
appropriate.
Egypt does not have a consumer organization to refer such matters to at present, though this
may change.  No deadlines on the submissions from these parties are imposed, and any submission
would be received and evaluated at any time, provided it does not delay the investigation.
PRACTICAL ISSUES AND EXPERIENCE IN CONDUCTING "NEW SHIPPER" REVIEWS
UNDER ARTICLE 9.5
When a "new shipper" requests a review and the application is to order, Egypt carries out an
accelerated review.  The shipper has to show that it is a new shipper, give details of any relationship it
may have with another shipper or manufacturer w ho may be subject to the anti-dumping duties in
place and provide positive evidence so a dumping margin (if any) can be established.
After initiation, a questionnaire is sent.  If information on an export price is not available then
this creates a difficulty.  Without positive evidence being provided, the calculation of dumping
margins cannot be undertaken and the investigati on will be terminated.  Following initiation the
imposition of anti-dumping remedies would cease but the importer would remain liable for any extra
duty depending upon the outcome of the review.
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