TN/RL/W/265  
 
22 October 2015  
(15-5577)  Page: 1/12  
Negotiating Group on Rules  Original: English  
 
 ANTI-DUMPING 
FOLLOW UP PAPER ON THE ISSUES OF TRANSPARENCY AND DUE PROCESS 
Communication from Japan 
The following communication, dated 22 October 2015, is being circulated at the request of the 
Delegation of Japan.  
_______________ 
  1  INTRODUCTION 
The anti-dumping (AD) negotiations, as mandated by the Ministerial Declaration of the Doha 
Ministerial Conference, are aimed at clarifying and improving disciplines under the Anti-Dumping 
Agreement. As we believe that AD is an indispensable part of DDA, we have engaged in works on 
recalibration since we and co-sponsors presented our communication TN/RL/W/256. We have 
received considerable interest in, and a number of constructive responses to, the views expressed in that communication and in the two subsequent AD documents mentioned below. At the same 
time, there has been a certain amount of divergence in Members' views in the AD area.  
 In recalibrating and focusing on what is "doable", we considered that a number of the unbracketed elements of the 2011 Chair's AD Text (TN/RL/W/254) (the "2011 AD Text") focusing on 
transparency and due process would provide a good basis for discussion, as we witnessed 
relatively wide convergence among Members on these issues in 2011. From this point of view, we submitted our proposal TN/RL/W/257, which further elaborated transparency and due process 
issues based on the unbracketed elements of the 2011 AD Text.  
 Our communication TN/RL/W/257 highlighted the issues of transparency and due process not 
simply because these issues meet the "doability" cr iterion, but also because these issues are also 
substantively important: they are fundamental el ements of AD disciplines. As such, improving 
transparency and due process is crucial for improving the disciplines. Parties need information and adequate procedures in order to participate effectively in an investigation and to defend their 
interests. Transparency and due process also bene fit the investigating authority. They enable the 
authority to make fair, impartial and even-handed determinations that can withstand eventual challenges. Where transparency and due process are properly observed, that would leave fewer 
issues that could be raised in disputes against the authority's determinations.  
 This follow-up paper elaborates on the ideas re garding transparency and due process that we 
presented in TN/RL/W/257. In this paper, as the consideration of "doability" has become even 
more essential, we have calibrated the number of elements to discuss to a substantial extent and delivered specific explanation on why we need to clarify disciplines in each element. In addition, 
while we believe that the unbracketed textual am endments of the 2011 AD Text still provide us 
with a good basis for our discussions, we have modified some specific texts of the 2011 AD Text in 
this paper in consideration of acceptability to various Members. With this paper based on the unbracketed amendments in the 2011 AD Text an d calibrated further both in the meaning of 
number of issues and the expressions of specific te xts, we wish to accelerate the discussion among 
Members, and to find common ground for achievin g concrete outcomes in AD area in MC10. We 
encourage other Members to engage constructively in the discussion.  
 TN/RL/W/265 
 
- 2 - 
 
  This communication focuses on the issues of transparency and due process only. This 
communication is also without prejudice to the indi vidual positions of co-sponsors of TN/RL/W/257.  
 2  WTO TRANSPARENCY (TRANSPARENCY AMONG WTO MEMBERS ON AD PRACTICES 
AND POLICY) 
2.1  Semi-annual Reports 
 Article 16.4: Semi-annual Reports: Repo rt to Include Lists of Definitive 
Measures in Force 
 
To enhance transparency among WTO Members on AD practices and policy, proposed Article 16.4 
would require Members to list their definitive measures in their semi-annual report to the 
Committee on Anti-Dumping Practices based on the current practice, as observed in recent semi-
annual reports that Members have submitted.  This would enable WTO Members and their 
exporters to be fully aware, without time-consumi ng research, of each Member's definitive AD 
measures that are in force.  2.2  AD Policy Review Mechanism 
 Article 18.6 and Annex III: Procedures fo r the Review of Members' AD Policy 
and Practices 
 
It is important, as a matter of transparency, that all participants in international trade be informed 
of the anti-dumping policies and practices of in dividual Members. As the recent communication 
from the EU (TN/RL/W/260) suggests, "Increased transparency is certainly beneficial to all as 
such, but by fostering a better understanding of each other's practice, it might also contribute to a 
reduction of disputes which, as we all know, are also on an exponential increase." The AD Agreement may provide such opportunities as po licy and practice reviews at the Committee on 
Anti-Dumping Practices, in particular after the Technical Group of the Negotiation Group on Rules 
terminates its function. One idea can be seen in the recent EU proposal, which is founded on the unbracketed provisions of Article 18.6 and Annex III of the 2011 AD Text. 
 
3  TRANSPARENCY IN AD PROCEEDINGS 
3.1  Disclosure 
 Article 6.9: Disclosure  of Essential Facts 
 
Proposed Article 6.9 (including fn 26) clarifies that the disclosure of essential facts must be made in writing. Authorities must ensure that interested parties have sufficient time, i.e. 20 days, to 
analyse and to comment on these essential facts; and must also take into account the comments 
of interested parties in their final determinations.
1 These improvements will ensure greater 
transparency and serve the due process rights of interested parties without unduly burdening 
authorities. 
 3.2  Public Notice and Explanation of Determination 
 Article 12.1: Notices of Initiation 
 
As set forth in the 2011 AD Text, Article 12.1 should be clarified to ensure that all interested 
parties known to the authority are given the notice of initiation. Article 12.1.1 should further clarify 
the information (in addition to the basis for the dumping allegation and a summary of the factors on which injury is alleged) that must be included in the initiation notice or report: a description of the product under consideration, the names of kn own exporters, and information on the domestic 
like product, the domestic industry, the procedural background, any procedures under Article 6.10, 
and next steps in the process.  
                                               
1 While the 2011 AD Text provides that the investig ation authorities shall "address" the responses from 
interested parties in the final determinations, in this paper, we modified "address" to "take into account". TN/RL/W/265 
 
- 3 - 
 
  These requirements are beneficial for traders, who can find out whether their supplier(s) may be 
involved in the investigation and, if so, what actions they should take. Moreover, they would ensure that the interested parties would understand the facts, law and reasons that have led to the imposition of [AD] duties and would be able to  pursue judicial review of a final determination, 
if necessary. They also ensure that the authorities will make impartial and even-handed 
assessments of the evidence, and make findings based on such assessments. These requirements 
thus promote transparency and procedural fairness. 
 
 Article 12.2, Article 4.1 (i): fn 14 and Article 6.10.3: Notices of 
Preliminary/Final Determinations 
 
Proposed Articles 12.2.1 and 12.2.2 clarify information that must be included in preliminary and final determination notices (or in separate reports), and accordingly the authority's obligation to 
explain in sufficient detail its findings and conclusions.
2 
 As described in the previous paragraph with regard to Article 12.1, these requirements would ensure that the authorities make impartial an d even-handed assessments of the evidence and 
make their findings based on such assessments. These requirements thus would promote 
transparency and procedural fairness and would not unduly burden authorities.  
Furthermore, the following information should also be disclosed in the public notices or separate 
reports under Article 12 to improve transparency and procedural fairness:  
 Article 4.1 (i): fn 14: Exclusion of Related Producers from the Domestic 
Industry 
The 2011 AD Text proposes that an authority which excludes a domestic producer 
from the domestic industry must explain, in the relevant public notice or a separate 
report, its reasons for doing so. 
 
The scope of the domestic industry is a fundamental factual and legal issue that 
underlies findings on the standing of the applicants, on injury, and on causation. It is 
therefore beneficial to clarify that auth orities must explain their reasons when 
excluding producers from the domestic industry. 
 
 Article 6.10.3: Explanation of Reasons of Limited Examination 
Article 6.10.3 of the 2011 AD Text clarifies that authorities shall provide an 
explanation of the basis for decisions to limit the examination, and the reasons for 
which particular producers/exporters were ch osen for examination. This would clarify 
authorities' obligations under Article 12 to provide reasoned and adequate explanations with respect to the factual and legal issues underlying the selection of 
examined exporters and producers.  
 3.3  Accountability (Notification/Explanation) 
 Article 2.4.1: Publication of Source of Exchange Rates for Determination of 
Dumping 
 
While there are numerous sources of recognized authority from which information about exchange 
rates may be gathered and numerous reasonable ways to implement Article 2.4.1, requiring that Members make clear how they will implement that provision can guard against the arbitrary application of Article 2.4.1 and ensure procedural transparency.  
 
                                               
2 The Appellate Body has already clarified that (i) the authorities are required to disclose "the facts, law 
and reasons that have led to the imposition of [AD] duties", and that (ii) "[b]y requiring the disclosure of 'all relevant information' regarding these categories of in formation, Articles 12.2.2 an d 22.5 seek to guarantee 
that interested parties are able to pursue judicial review of a final determination as provided in Article 13 of the 
Anti-Dumping Agreement  and Article 23 of the SCM Agreement ". Appellate Body Report, China – GOES  
(WT/DS414/AB/R), para. 258. TN/RL/W/265 
 
- 4 - 
 
  For this purpose, an unbracketed change to Arti cle 2.4.1 in the 2011 AD Text, along with proposed 
Articles 2.4.1.1 and 2.4.1.2, require that: (a) a source of recognized authority (such as central 
banks or widely distributed financial journals) be used for exchange rates; (b) the source normally used be set forth in laws, regulations or publicly available administrative procedures; (c) the 
source's application be transparent and explaine d; and (d) the authority provide an explanation 
when it does not use the source of recognized authority.   
The proposed changes would also help enable ex porters to comply with the basic principle of 
the GATT Article VI, which condemns the introducti on of the products of one country into the 
commerce of another at less than the products' normal value (if this causes or threatens material injury to an established industry in the territory of a Member  or materially retards the 
establishment of a domestic industry). 
 3.4  Publication of Legal Instruments 
 Article 9.3: Refund Procedures 
 
It is essential to ensure that parties be given the procedural right to request the reassessment of 
excessive AD duties. Without published rules th erefor, however, refund proceedings could be 
ineffective or even practically unavailable to ex porters and importers. Proposed Article 9.3 of 
the 2011 AD Text addresses this concern by requiring authorities to publish their refund procedures.
3 
 
3.5  Access to Non-Confidential Information 
 Articles 6.4 and 6.5.1: Non-Confidential  File and Non-Confidential Summaries 
 
Parties must have timely access to all non-confidential record information in order to defend their interests effectively.
4 To ensure the transparency of th e information on the record and the 
protection of confidential information at the same time, proposed changes to Articles 6.4 
and 6.5.1 , together clarify authorities' obligations regarding access to non-confidential information. 
 
Article 6.4 
 The current language of Article 6.4 (such as the terms "whenever practicable") could be misunderstood, and could be used to shield authorities from their obligation to allow interested 
parties access to non-confidential information. Therefore, the proposed changes to Article 6.4 
clarify the principle that all non-confidential information shall be disclosed to the interested parties promptly as practicable.
5 6 
 
Article 6.5.1  
To ensure that non-confidential information is accessible to the interested parties, proposed 
Article 6.5.1 clarifies that non-confidential summa ries of submissions must be furnished to the 
authorities promptly as practicable.
7 
                                               
3 In this paper, we do not include the footnote 31 in the 2011 AD Text. 
4 The Panel in Thailand － H-Beams  clarified that the due process ri ghts of interested parties are 
"predicated on having timely access to  relevant information." Panel Report, Thailand － H-Beams  
(WT/DS122/R), para. 7.150. 
5 While Article 6.4 of the 2011 AD Text provides that the investigation authorities shall provide 
opportunities for all interested parties to see non conf idential information "promptly", in this paper, we 
modified "promptly" to "promptly as practicable". 
6 This principle is consistent wi th the findings of the panels and the Appellate Body regarding the 
authorities' obligation un der current Article 6.4. Fo r example, the panel of EC – Salmon  case found that 
Article 6.4 requires disclosure of "the  information relevant to a particular issue that is before the investigating 
authority at the time it makes its determination." Panel Report, EC – Salmon (Norway)  (WT/DS337/R), 
para. 7.769. In addition, the Appellate Body in EC – Fasteners (China) case found that, citing Appellate Body 
Report, EC – Tube or Pipe Fittings , para. 147., Article 6.4 requires disclosure  of "information [that] is related to 
'a required step in the anti-dumping investigation'." Appellate Body Report, EC – Fasteners (China)  
(WT/DS397/AB/R), para. 479. 
7 The 2011 AD Text provides that the non-confidential version shall be submitted "within three working 
days of submitting the original document" in Article 6.5.1.  In this paper, we modified  this suggestion of specific 
period to "promptly as practicable". TN/RL/W/265 
 
- 5 - 
 
   
Furthermore, guidance regarding the form of non-co nfidential summaries would help to ensure full 
access to non-confidential information and to pr event even inadvertent failure to disclose such 
information.8 Therefore, the format in which interested parties must provide their non-confidential 
summaries, as set forth in the proposed Article 6.5.1, would help the parties provide adequate 
summaries. 
 4  DUE PROCESS 
4.1  Application 
 Article 5.2(iii) Fn16: Sources of App licants' Price Information and Margin 
Calculation Method in the Application 
 
To help authorities examine the accuracy and adequacy of the evidence of dumping in the 
application under Article 5.3 and to increase transparency and enable interested parties to examine whether dumping allegations in the application are supported by adequate evidence, 
proposed footnote 16 clarifies that the application must include certain evidence relating to 
dumping: the sources of the information provided and, where relevant, the method used to derive prices from that information.
9 
 
 Article 5.4: Standing Denominator 
 
An investigation may be initiated only if the application has sufficient support from the domestic 
producers. The "domestic industry" in Article 4.1, on  the other hand, is defined to be either "all" of 
the domestic producers or those producers accounting for "a major proportion" of the total 
domestic production. This definition blurs how the sufficiency of domestic support should be 
determined under Article 5.4. Article 5.4 thus should be clarified to state that the basis to determine domestic support should be "all" of the domestic producers, not a "major proportion" of 
them. Accordingly, the proposed sentence to be added to Article 5.4 of the 2011 AD Text states 
that the term "domestic industry" refers to domestic producers as a whole of the like product, 
subject to Articles 4.1 (i) and 4.1 (ii). 
                                               
8 The panel in Guatemala – Cement II  found that "a violation could arise if an investigating authority 
failed to correct its [inadvertent] omission after having b een informed of that omission  by an interested party".  
Panel Report, Guatemala – Cement II (WT/DS156/R), para. 8.157. It should be noted that this panel also 
stated "we do not consider that an argument of harmless erro r represents a defence in  itself to an alleged 
infringement of a provision of the WTO Agreement." Ibid, para. 8.22. Accordingly, the valid scope of defence of 
inadvertent omission would be narrow. 
9 This clarification is in line with previous panels' confirmations. For example, the panel in US – 
Softwood Lumber V case found that "in order to determine whether there is sufficient evidence of dumping, an 
investigating authority cannot entirely disregard the elements that configure the existence of that practice as outlined in Article 2." Panel Report, US – Softwood Lumber V  (WT/DS264/R), para. 7.80. See also Panel 
Report, Guatemala – Cement II (WT/DS156/R), para. 8.35.  
In addition, the panel in Guatemala – Cement II case found that where "the evidence on normal value 
and export prices presents obvious di fferences with regards to the quantiti es for the involved transactions and 
the level of trade of the sales", such evidence is not sufficient to satisfy the requirement under Article 5.3. 
Panel Report, Guatemala – Cement II (WT/DS156/R), paras. 8.37-8.40, 8.58. TN/RL/W/265 
 
- 6 - 
 
  ANTI-DUMPING:  
FOLLOW UP PAPER ON THE ISSUES OF TRANSPARENCY AND DUE PROCESS 
Communication from Japan 
ANNEX 
Article 2 
 2.4.1 When the comparison under paragraph 4 requires a conversion of currencies, such 
conversion should be made using the rate of exchange on the date of sale
8 taken from a source of 
recognized authority9, provided that when a sale of foreign currency on forward markets is directly 
linked to the export sale involved, the rate of  exchange in the forward sale shall be used. 
Fluctuations in exchange rates shall be ignored and in an investigation the authorities shall allow 
exporters at least 60 days to have adjusted their export prices to reflect sustained movements in 
exchange rates during the period of investigation.  
2.4.1.1 The source of recognized authorit y normally used, and the specific method 
normally followed by the authorities in applying subparagraph 4.1, shall be set forth in the 
laws, regulations or publicly available administ rative procedures of the Member concerned, 
and their application to each particular case shall be transparent and adequately explained. 
 
2.4.1.2 If, in a particular case, a Member  does not use the source of recognized 
authority or specific method set forth in its laws, regulations or publicly available 
administrative procedures, it shall explain, in the relevant public notices or separate report 
under Article 12, why it did not use such source or method. 
 
______________ 
8 Normally, the date of sale would be the date of contract, purchase order, order confirmation, 
or invoice, whichever establishes the material terms of sale. 
 
9 Sources of recognized authority may include central banks, multilateral financial institutions, 
widely distributed financial journals, or other sources not created primarily for the purpose 
of conducting anti-dumping proceedings. 
 
Article 4 
 
4.1 For the purposes of this Agreement, and except to the extent otherwise provided in 
Article 5.4, the term "domestic industry" shall be interpreted as referring to the domestic 
producers as a whole of the like products or to  those of them whose collective output of the 
products constitutes a major proportion of the total domestic production of those products, except 
that:  
(i) when producers are related
13 to the exporters or importers or are themselves 
importers of the allegedly dumped product, the term "domestic industry" may be 
interpreted as referring to the rest of the producers14; 
 
______________ 
13 For the purpose of this paragraph, producers sh all be deemed to be related to exporters or 
importers only if (a) one of them directly or indirectly controls the other; or (b) both of them 
are directly or indirectly controlled by a third person; or (c) together they directly or 
indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be 
deemed to control another when the former is legally or operationally in a position to 
exercise restraint or direction over the latter. 
 TN/RL/W/265 
 
- 7 - 
 
  14 The reasons underlying any decision by the authorities to exclude from the domestic 
industry producers that are related to the exporters or importers or are themselves 
importers of the allegedly dumped product shall be explained in the relevant public notices 
or separate reports required by Article 12. 
 
Article 5 
 
5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within the 
meaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link between 
the dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The 
application shall contain such information as is reasonably available to the applicant on the 
following:  
(iii) information on prices at which the product in question is sold when destined for 
consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the 
country or countries of origin or export to a third country or countries, or on the 
constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member
16; 
 ______________ 
16 Including the sources of the information provid ed and, where relevant, the method used to 
derive prices from that information. 
 
5.4 An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have 
determined, on the basis of an examination of th e degree of support for, or opposition to, the 
application expressed18 by domestic producers of the like product, that the application has been 
made by or on behalf of the domestic industry.19 The application shall be considered to have been 
made "by or on behalf of the domestic industry" if it is supported by those domestic producers 
whose collective output constitutes more than 50 per cent of the total production of the like 
product produced by that portion of the domest ic industry expressing either support for or 
opposition to the application. However, no investigation shall be initiated when domestic producers 
expressly supporting the application account for less than 25 per cent of total production of the 
like product produced by the domestic industry. For the purpose of this paragraph, the term 
"domestic industry" shall be interpreted as referring to the domestic producers as a whole of the 
like product, subject to the application of Article 4.1(i) and 4.1(ii). 
 ______________ 
18 In the case of fragmented industries involving an exceptionally large number of producers, 
authorities may determine support and opposition by using statistically valid sampling 
techniques. 
 
19 Members are aware that in the territory of certain Members employees of domestic 
producers of the like product or representatives of those employees may make or support an application for an investigation under paragraph 1. 
 
Article 6 
 6.4 The authorities shall whenever practicable pr ovide timely opportunities for all interested 
parties to see promptly as practicable all informatio n that is relevant to the presentation of their 
cases, that is non t confidential information as defined in paragraph 5, and that is used by 
submitted to or obtained by the authorities in an anti-dumping investigation, and to prepare 
presentations on the basis of this information. 
…  
* Note: We modified "promptly" in the proposed Article 6.4 of the 2011 AD Text to "promptly as 
practicable" in our proposal.  
 
6.5.1 The authorities shall require interested parties providing confidential information to 
furnish non-confidential versions of the document containing the confidential TN/RL/W/265 
 
- 8 - 
 
  information promptly as practicable. summaries thereof. The non-confidential version 
shall be identical to the version containing the confidential information, except that 
the confidential information shall be removed and replaced by a summary of that 
information These summaries shall be in sufficient detail to permit a reasonable 
understanding of the substance of the information submitted in confidence. In 
exceptional circumstances, such parties providing confidential information may 
indicate that such information is not susceptible of summary. In such exceptional 
circumstances, a statement of the reasons why summarization is not possible must be 
provided. 
 
* Note: The 2011 AD Text suggested that the non-confidential version be submitted "within three 
working days of submitting the original document" in Article 6.5.1. We modified this suggestion of 
specific period to "promptly as practicable" in our proposal.  
 
6.9 The authorities shall, before a final determination is made, inform provide all interested 
parties with a written report of the essential facts under consideration which they intend will form 
the basis for the decision whether to apply definitive measures. Interested parties shall have 20 
days to respond to this report and the authorities shall take into account such responses in their 
final determination.26 Such disclosure should take place in sufficient time for the parties to defend 
their interests. 
 ______________ 
26 Where no preliminary determination has been made, this disclosure shall be made within 
sufficient time to allow an exporter to offer an underta king in response. 
 
* Note: The 2011 AD Text suggested that the auth orities "address" the responses from interested 
parties in their final determination in Article 6.9. We modified this suggestion to "take into 
account" in our proposal.  
 
6.10.3 Where the authorities limit their examinat ion pursuant to this paragraph, they shall 
explain, in their public notices or separate reports pursuant to Article 12, the basis for 
their conclusion that it was impracticable to determine an individual margin of 
dumping for each known exporter or producer, the reasons for the specific selection 
made and the reasons why an individual margin was not determined for any exporter 
or producer not initially selected who submitted the necessary information in time for 
that information to be considered during the course of the investigation. 
 
Article 9 
 9.3 The amount of the anti-dumping duty shall no t exceed the margin of dumping as established 
under Article 2. In this regards, each Member shall establish procedures
30 t o  e n s u r e  a  p r o m p t  
refund, upon request, where the amount collected exceeds the actual margin of dumping In this 
respect, the following subparagraphs shall apply. 
 
______________ 
30 These procedures shall be set forth in the Member's laws, regulations or published 
administrative procedures and shall be notified to the Committee pursuant to Article 18.5. 
 
* Note: We do not include footnote 31 in the 2011 AD Text in our proposal.  
 
Article 12 
 
12.1 When the authorities are satisfied that there is  sufficient evidence to justify the initiation of 
an anti-dumping investigation pursuant to Article 5, the Member or Members the products of which 
are subject to such investigation and other interested parties known to the investigation 
authorities to have an interest therein shall be notified and a public notice shall be given. 
 
12.1.1 A public notice of the initiation of an investigation shall contain, or otherwise 
make available through a separate report38, due regard being paid to the 
requirement for the protection of confiden tial information, adequate information 
on the following: TN/RL/W/265 
 
- 9 - 
 
   
(i) a description of the product under consideration, including its tariff classification 
for customs purposes, the name of the exporting country or countries, and, to the 
extent already known to the authorities, the names of the exporters and foreign 
producers of the product product involved; 
(ii) the domestic like product and the domestic industry, including whether any 
domestic producers were excluded from the domestic industry, and the names of the 
applicant and of the domestic producers of the like product (or, if relevant, 
associations of producers) supporting the application and of other domestic 
producers of the like product insofar as they are known to the investigating 
authorities; 
(iii) the procedural background of the investigation, including the date on which the 
application was received and the date of initiation of the investigation; 
(ivii) the basis on which dumping is alleged in the application; 
(iv) a summary of the factors on which the allegation of injury is based; 
(vi) whether the authorities may consider limiting their examination in accordance 
with paragraph 10 of Article 6 and any procedures in that respect; and 
(vii) next steps in the process, including the time limits allowed to interested parties 
for making their views known, other indicative time frames, periods of data 
collection and a contact to whom the address to which representations by interested 
parties should be directed; 
 
(vi) the time-limits allowed to interested parties for making their views known. 
 
______________ 
38 Where authorities provide information and explanations under the provisions of this Article 
in a separate report, they shall ensure that such report is readily available to the public. 
 
12.2.1 A public notice of the imposition of provisional measures shall set forth, or otherwise make available through a separate report, sufficiently detailed explanations of the 
analysis underlying for the preliminary determinations on dumping and injury and shall refer 
to the matters of fact and law which have led to arguments being accepted or rejected. Such a notice or report shall, due regard being paid to the requirement for the protection of confidential information, contain in particular: 
 
(i) the names of the suppliers, or when this is impracticable, the supplying 
countries involved; 
(ii) a description of the product under consideration, including its tariff 
classification which is sufficient for customs purposes, the name of the 
exporting country or countries, and the names of the known exporters 
and foreign producers of the product under consideration; 
(ii) information concerning the domestic like product and the domestic 
industry, including the names of all known domestic producers of the like 
product; 
(iii) the periods of data collection for both the preliminary dumping and 
preliminary injury analysis; 
(ivii) the margins of dumping established and information concerning the 
calculation of the margins of dumping, including an a full explanation of 
the basis upon which normal values were established (sales in the home 
market, sales to a third market or constructed normal value), the basis 
upon which export prices were established (including, if appropriate, the 
adjustments related to the construction of export prices), and reasons for 
the methodology used in the establishment and comparison of normal 
values and the export prices (including any adjustments made to reflect 
differences affecting price comparability)and the normal value under 
Article 2; TN/RL/W/265 
 
- 10 - 
 
  (iv) considerations information relevant to the injury determination as set out 
in Article 3, including information concerning the domestic market for the 
subject imports and the like product, the volume and the price effects of 
the subject imports, the consequent im pact of the subject imports on the 
domestic industry and, if relevant, the factors leading to a conclusion of 
threat of material injury or material retardation of the establishment of a 
domestic industry; 
(vi) information concerning any use of full or partial facts available, including, 
where applicable, the reasons why information submitted by a party was 
rejected; 
(vii) information concerning the on-the-spot verification of information used by 
the authorities, if undertaken; 
(viii) information on any provisional measures being imposed, including the 
form, level, and duration of such measures; and  
(ix) information concerning next steps in the process, and related time 
frames, and information concerning a contact to whom representations by 
interested parties should be directed(v) the main reasons leading to the 
determination. 
 
12.2.2 A public notice of conclusion or suspen sion of an investigation in the case of an 
affirmative determination providing for the imposition of a definitive duty or the acceptance 
of a price undertaking shall contain, or otherwise make available through a separate report, 
all relevant information on the matters of fact and law and reasons which have led to the imposition of final measures or the acceptance  of a price undertaking, due regard being paid 
to the requirement for the protection of confidential information. In particular, the notice or 
report shall contain the information described in  subparagraph 2.1, to the extent applicable, 
as well as the reasons for the acceptance or rejection of relevant arguments or claims made 
by the exporters, foreign producers and importers, and the basis for any decision made 
under subparagraph 10.2 of Article 6. 
 
Article 16 
 
16.4 Members shall report without delay to the Committee all preliminary or final anti-dumping 
actions taken. Such reports shall be available in the Secretariat for inspection by other Members. 
Members shall also submit, on a semi-annual basi s, reports of any anti-dumping actions taken 
within the preceding six months, and a list of definitive measures in force as of the end of that 
period. The semi-annual reports shall be submitted on an agreed standard form. 
 
Article 18 
 18.6 The Committee shall review annually the implementation and operation of this Agreement 
taking into account the objectives thereof. Th e Committee shall inform annually the Council for 
Trade in Goods of developments during the peri od covered by such reviews. In addition, the 
Committee shall review the anti-dumping policy and practices of individual Members according to 
the schedule and procedures set forth in Annex III. 
… 
ANNEX III 
PROCEDURES FOR THE REVIEW OF MEMBERS' 
ANTI-DUMPING POLICY AND PRACTICES PURSUANT TO ARTICLE 18.5 
1. The anti-dumping policy and practices of Member s shall be subject to periodic review by the 
Committee. 
 
A. Objectives 
 
2. The purpose of the review is to contribu te to the transparency and understanding of 
Members' policies and practices in respect of anti-d umping. The review is not intended to serve as 
the basis for enforcement of specific obligations  under this Agreement or for dispute settlement 
procedures, or to impose new policy commitments on Members. 
 TN/RL/W/265 
 
- 11 - 
 
  B. Procedures for Review 
 
3. The review shall be conducted on the basis of the following documentation: 
 (a) a factual report, to be drawn up by the Secretariat on its own responsibility; and  
 (b) if the Member under review so wishes, a report supplied by that Member. 
 4. The factual report by the Secretariat shall be based on the information available to it and 
that provided by the Member under review. The Se cretariat should seek clarification from such 
Member regarding its anti-dumping policies and practices making use of the indicative checklist 
identified in paragraph 8 of this Annex. The Me mber under review shall provide the information 
requested for the preparation of the report, and sh all be provided with an opportunity to comment 
on the draft report prior to its circulation. 
 
5. The first cycle of reviews shall begin three ye ars after the date of entry into force of the 
results of the Doha Development Agenda.  During the ensuing five years, the Committee shall 
review the anti-dumping policies and practices of  the 20 Members with the most anti-dumping 
measures in force as of the date of entry into force.44 
 
6. The list of the Members to be reviewed during  each subsequent five-year review period shall 
be established on the basis of the number of original investigations initiated during the most 
recent five-year period for which information is available. The list shall include the 20 Members 
that initiated the most investigations pursuant to Article 5 during that period, as well as any 
additional Members that have initiated five or more original investigations during that period; 
provided that the Committee may adjust the list of  Members to be reviewed and/or the cycle for 
review in light of subsequent developments and experience.  
 
7. The Committee shall agree on the order of, an d schedule for, the conduct of these reviews, 
taking into account the resource constraints of the Secretariat and of developing country 
Members.45 
 
8. The factual report of the Secretariat shall describe in detail the anti-dumping policy and 
practices of the Member under review including, wh ere relevant and applicable, with respect to the 
following matters: 
 
institutional organization of the investigating authorities 
● statistics on proceedings carried-out 
● pre-initiation procedures and practices 
● determination of export price and no rmal value (and adjustments thereto) 
● details of comparison methods 
● calculation of dumping margin 
● details and methodology of analysis and determination of injury and causal link 
● application of a lesser duty 
● application of public interest considerations 
● level of co-operation obtained 
● use of facts available  
● procedural requirements 
● treatment of confidential information 
● practice with regard to on-the-spot verifications 
● duty collection and assessment system 
● acceptance of undertakings 
● review investigations (under Articles 9 and 11) 
● anti-circumvention procedures 
● judicial/administrative review 
 
9. The report by the Secretariat and any report  by the Member subject to review shall be 
circulated to the Members on an unrestricted basis, and shall be considered at a special meeting of 
the Committee convened for that purpose. 
 
10. Members recognize the need to minimize the burden for governments that might arise from 
unnecessary duplication of work pursuant to this procedure and the Trade Policy Review 
Mechanism. 
 TN/RL/W/265 
 
- 12 - 
 
  C. Developing Country Members 
 
11. The Secretariat shall make technical assistance  available, on request of a developing country 
Member, to facilitate that Member's effective participation in the review. The Secretariat shall also 
consult with the developing country Member subj ect to review and shall, where appropriate, 
include in its report to the Committee an assessment of that Member's broader technical 
assistance and resource needs with respect to anti-dumping. 
 
D. Appraisal of the Mechanism  
 
12. The Committee shall undertake an appraisal of the operation of these procedures upon 
completion of the first cycle of reviews. The Co mmittee should seek to identify any changes which 
would enhance the operation of these procedures, and may, if appropriate, recommend that the 
Council for Trade in Goods submit to the Minist erial Conference any proposals for the amendment 
of these procedures necessary to effectuate such changes. 
 
______________ 
44 Least-developed country Members shall be subject to review pursuant to this Annex on a 
voluntary basis only. 
 
45 In the event that the Committee fails to agree, the Director-General shall decide on the 
order of, and schedule for, the reviews. 
__________