WT/DS482/1/Add.1  
G/L/1073/Add.1  
G/ADP/D105/1/Add.1  
 
12 November 2014  
(14-6613)  Page: 1/2  
  Original: English  
 
 
 CANADA – ANTI-DUMPING MEASURES ON  IMPORTS OF CERTAIN CARBON STEEL 
WELDED PIPE FROM THE SEPARATE CUSTOMS TERRITORY OF  
TAIWAN, PENGHU, KINMEN AND MATSU 
REQUEST FOR CONSULTATIONS BY THE SEPARATE CUSTOMS TERRITORY  
OF TAIWAN, PENGHU, KINMEN AND MATSU 
Addendum 
The following communication, dated 7 November 2014, from the delegation of  the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu to the delegation of Canada and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the 
DSU. 
 
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 On 25 June 2014, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu requested consultations with Canada concerning the provisional and definitive anti-dumping 
measures imposed by Canada on imports of Certain Carbon Steel Welded Pipe (CSWP) originating 
in, among others, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and the investigations underlying these measures (WT/DS482/1, G/L/1073, G/ADP/D105/1). 
 
On 24 July 2014, the Separate Customs Territory  of Taiwan, Penghu, Kinmen and Matsu and 
Canada held consultations concerning these measures. 
 
Further to this round of consultations, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu has identified additional claims with respect to the anti-dumping measures imposed by Canada on imports of CWSP originating in, inter alia , the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu. It also has become apparent that certain aspects of the contested 
anti-dumping measures and the underlying investigation are based on legislative provisions that appear to be inconsistent, as such, with the General Agreement on Tariffs and Trade 1994  
("GATT 1994") and various provisions of the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994  ("Anti-Dumping Agreement"). 
 
Therefore, my authorities have instructed me to request further consultations with Canada 
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), Article XXII of the GATT 1994 and Article 17 of the Anti-Dumping 
Agreement. The present request does not replace bu t supplements and must be read together with 
the original request for consultations presented on 25 June 2014. 
 The provisional and definitive anti-dumping meas ures imposed by Canada on imports of CSWP 
originating in, among others, the Separate Customs Territory of Taiwan, Penghu, Kinmen and 
Matsu, as well as the underlying investigations, appear to be inconsistent, in addition to the obligations listed in the original request for consultations, with the following provisions of the 
Anti-Dumping Agreement: 
 
1. Article 7.1(ii) of the Anti-Dumping Ag reement because Canada applied provisional 
anti-dumping measures in the absence of a preliminary affirmative determination of WT/DS482/1/Add.1 • G/L/1073/Add.1 • G/ADP/D105/1/Add.1 
 
- 2 - 
 
 
  
 dumping when it applied such measures to imports of CSWP of exporters with a de 
minimis dumping margin. 
2. Article 7.5 and Article 9.2 of the Anti -Dumping Agreement be cause provisional and 
definitive anti-dumping duties were imposed and collected on imports from exporters 
with a de minimis  margin of dumping. 
3. Article 6.8 and Annex II of the Anti-Dumping Agreement because Canada resorted to 
facts available for the dumping margin determination of "all other exporters" without 
complying with the conditions laid down in those provisions. 
4. Article 6.8 and Annex II of the Anti-Dumping Agreement because Canada resorted to 
facts available for the calculation of the anti-dumping duties with respect to imports of new product types exported by cooperating producers. 
5. Article 2.2 of the Anti-Dumping Agreement because Canada calculated normal value 
for new product types of cooperating exporter s on the basis of a methodology which is 
not foreseen in Article 2.2. 
6. Article 9.3 of the Anti-Dumping Agreemen t because the amount of the anti-dumping 
duties imposed on imports of new produc t types of cooperating exporters exceeds 
their margin of dumping as established under Article 2 of the Anti-Dumping 
Agreement. 
In addition, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu considers that 
the following provisions of the Special Import Measures Act ("SIMA") and the Special Import Measures Regulation ("SIMR") appear to be inconsistent "as such" with several provisions of the 
Anti-Dumping Agreement: 
 Specifically, Sections 2(1), 30.1, 35(1) and 35(2), 38(1) and 41(1) of the Special Import Measures 
Act ("SIMA"), and any amendments , implementing measures, or related measures, appear to be 
inconsistent, as such, with:  
1. Article 5.8 of the Anti-Dumping Agreemen t, because they provide for the termination 
of the investigation only when the margin of the goods of the exporting country as a 
whole is insignificant and not for individual exporters having margins of dumping that are de minimis  within the meaning of Article 5.8 of the Anti-Dumping Agreement. 
2. Article 7.1(ii) of the Anti-Dumping Agr eement because they mandate that provisional 
anti-dumping measures be applied on imports of exporters with a de minimis  dumping 
margin. 
3. Articles 7.5 and 9.2 of the Anti-Dumpi ng Agreement because they require that 
provisional and definitive anti-dumping duti es be imposed and collected on imports of 
exporters with a de minimis  margin of dumping. 
Moreover, the above-mentioned provisions together  with Sections 42(1), 42(6) and 43(1) of SIMA 
and Section 37(1) of SIMR and any implementing measures, or related measures, appear to be inconsistent, as such, with Articles 3.1, 3.2, 3.4, 3.5 and 3.7 of the Anti-Dumping Agreement 
because they automatically include imports of exporters with a de minimis  dumping margin in the 
injury determination.  
 The above-mentioned measures also appear to be inconsistent with Articles 1 and 18 of the Anti-
Dumping Agreement and Article VI of the GATT 1994 as a consequence of these violations. 
 The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu reserves the right to 
address additional measures and claims regard ing the above matters, including any amendment, 
replacement, extension, implementing measures or other related measures, in the course of the consultations.  
The Separate Customs Territory of Taiwan, Penghu,  Kinmen and Matsu looks forward to Canada’s 
response to this request and to fixing a mutually convenient date and venue for the consultations.  
 
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