G/ADP/Q2/MEX/4  
 
28 March 2017  
(17-1690) Page: 1/2 
Committee on Anti -Dumping Practices  Original: English  
 
ARTICLE 16.4 OF THE AGREEMENT  
ON IMPLEMENTATION OF  ARTICLE VI OF THE GA TT 1994  
QUESTIONS FROM UKRAINE TO MEXICO RE GARDING ANTI -DUMPING INVESTIGATIO N 
CONCERNING IMPORTS O F SEAMLESS STEEL TUBES ORIGINATING  
IN AND/OR EXPORTED F ROM INTER ALIA  UKRAINE  
The foll owing communication, dated 22 March 2017 , is being circulated at the request of the 
Delegation of  Mexico . 
 
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On 15 December 2016, Mexico initiated an anti -dumping investigation concerning imports of 
seamless steel tubes originating in and/o r exported from inter alia Ukraine.  Ukraine hereby would 
like to ask Mexico to clarify the following.  
 
Question 1  
 
Article 3.1 of the Anti -Dumping Agreement  requires that the injury determination "shall be based 
on positive evidence" . 
 
The data concerning dumping, injury and the causal link should include, to the extent possible, the 
most recent information, taking into account the inevitable delay caused by the need for an 
investigation, as well as any practical problems of data collection in any particula r case.  
 
The Panel in Mexico – Anti-Dumping Measures on Rice concluded that given the time lag between 
the end of the period of investigation and the date of imposition of measures, the information 
based on which the determination was made lacked credibili ty and reliability, thereby failed to 
meet the criterion of "positive evidence" pursuant to Article 3.1 of the Anti -Dumping Agreement.  
 
In the investigation against seamless steel tubes, the investigating authority established the injury 
investigation peri od on seamless steel tubes from 1 April 2013 to 31 March 2016 and dumping 
period from 1 April 2015 to 31 March 2016. Despite the fact that at the time of initiation of the 
investigation (i.e. December 2016), there was available statistical data for the mos t of 2016, the 
investigating authority decided to end the period of investigation on 31 March 2016. As a result of 
this decision, the investigation will not include "the most recent information" . 
 
Would Mexico clarify how the analysis of the data for the p eriod from 1 April 2013 to 
31 March  2016 within investigation on seamless steel tubes that was initiated on 
15 December  2016 complies with Article  3.1 of the Anti -Dumping Agreement  in particular the 
requirement that the injury determination should be "base d on positive evidence"?  
 
Would Mexico please clarify if there are any particular provisions in the Mexican Anti-Dumping 
legislation stipulating the principle of "positive evidence" during injury determination within the 
meaning of its interpretation by WT O. 
 G/ADP/Q2/MEX/4  
 
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  Question 2  
 
According to Article 3.5 of the Anti -Dumping Agreement any known factors other than the dumped 
imports shall be examined by the authority conducting an investigation.  
 
Based on the information available in the notice of initiation as well a s in submissions of the 
Mexican producers, there is evidence that 'other factors ' within the meaning of Article 3.5 of the 
Anti-Dumping Agreement appear to be affecting the domestic industry. This includes the decrease 
in domestic consumption of the produc t considered as well as the decreasing volumes of exports of 
the product concerned manufactured by the domestic industry.  
 
Would Mexico please explain what methodology would use the investigating authority in order to 
separate and distinguish the effect of  these 'other factors ' on the domestic industry ? 
 
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