RESTRICTED  
  
G/ADP/AHG/R/37  
 
25 January 2016  
(16-0499)  Page: 1/2  
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 
28 OCTOBER 2015 
NOTE BY THE SECRETARIAT 
1. The Working Group on Implementation ("th e Group") met in informal session on 
28 October 2015. The Group adopted the agenda for the meeting, which had been circulated as document WTO/AIR/ADP/5 dated 16 October 2015.  
2. At its April meeting, the Committee had decided that the Group would discuss 
administrative, arbitral and judicial review under  Article 13 of the AD Agreement, and had asked 
M r  J u s t i n  B r o w n  o f  C a n a d a  t o  s e r v e  a s  t h e  d i s c u s s a n t  a t  t h i s  m e e t i n g .  A n  o u t l i n e  o f  i s s u e s  prepared by the discussant and provided in advance of this meeting identified a range of questions 
to assist the discussion, including: whether Members had an internal review mechanism within 
their investigating authorities; what type of issues  could be subject for internal review; the nature 
of the rulings of internal mechanism; whether recourse to the mechanism was required before 
continuing in judicial review; whether the review mechanism provided participatory rights to the 
interested parties; whether the mechanism was paper-based or any oral and/or public hearings were conducted; possible outcomes of internal reviews; whether Members maintained a judicial, 
administrative or arbitral or other review mechanisms to review the actions of the investigating 
authorities; whether their review mechanism was a court of general jurisdiction or a specialized body; layers of the judicial review mechanism; whether the WTO or other treaty laws had any effect on courts' decisions; types of actions to be reviewed by the review mechanisms; types of 
decisions that are non-reviewable; the parties that have standing to request a review; access to 
confidential information submitted to the investigating authorities; standard of review applied by the courts; status of the action/measure subject to review during the course of the judicial review 
proceeding; duration of the judicial review process; implementation of court decisions; factual and 
statistical information on the use of the judicial  review mechanism; whether Members had second-
level of judicial review and, if they had, the characteristics of that mechanism. 
3. The Group heard presentations from Brazil, Canada, Egypt, the European Union, Mexico, 
New Zealand, Turkey and the United States describing their practices; Egypt, the European Union and New Zealand also provided informal room do cuments. Numerous delegations posed questions 
or made comments. In the discussions, additional issues were raised, beyond those identified in 
the outline of issues, regarding, for example,  whether there was a clear distinction between 
procedural aspects and the merits of actions su bject to review in Members' judicial review 
mechanisms; what role WTO jurisprudence played a role in Members' courts' decisions; whether in 
Members with public interest provisions civil society organizations, consumers' associations in 
particular, could challenge public interest determinations before the courts; how Members conveyed relevant information to the courts, and what were Members' experiences on the 
submission of the confidential inform ation to judicial review bodies.  
4. The Chair, Mr Hamed El Etreby (Egypt), recalled that the new working methods for the 
Group followed at this meeting had been adopted on a trial basis. He indicated that he would convene informal consultations to explore Member s' views on whether the Group should continue 
these new working methods, and whether any ch anges could be made to improve them. If G/ADP/AHG/R/37 
 
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  Members wanted to continue with the new approach, he would also seek to identify further topics 
for discussion and discussants for the next meeting.  
5. The Group agreed to hold its next meeting in the week of 25 April 2016, with the exact date 
to be confirmed later. 
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