RESTRICTED  
  
G/ADP/AHG/R/36  
 
23 January 2015  
(15-0481)  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 
 29 OCTOBER 2014 
NOTE BY THE SECRETARIAT 
1. The Working Group on Implementation ("th e Group") met in informal session on 
29 October 2014. The Group adopted the agenda for the meeting, which had been circulated as document WTO/AIR/4372 dated 17 October 2014. 
2. The Group had before it one paper for discussion, submitted by Brazil. The paper, circulated 
in document G/ADP/AHG/W/201, concerned the selection of exporters or producers to determine individual dumping margins and the calculation of "the all others rate" under Articles 6.10 and 9.4 of the Anti-Dumping Agreement. It described the relevant Brazilian legal framework and explained 
the relevant practice of Brazil's Depa rtment of Trade Remedies (DECOM).  
3. Following the presentation by Brazil, Members asked questions primarily focussing on: what 
kind of information DECOM would use to sample respondents; whether DECOM would use sampling 
for product types; how such information would be collected; what DECOM's approach would be if 
an unselected exporter requested to be allowed to cooperate with the investigation; what DECOM would do if an exporter included in the sample did not cooperate; whether DECOM would add new 
respondents to the sample to satisfy the largest percentage of volume requirement and, if so, 
whether it would need to extend the investigation; whether DECOM would treat an unknown exporting producer that cooperated differently from one that was included in the sample but did not cooperate; how often unselected respondents vo luntarily requested an individual margin; how 
many such requests would be considered so many that would trigger the provision of Brazilian law 
that would allow DECOM to refuse calculating individual margins for voluntary respondents; whether DECOM considered it appropriate for unknown exporters (e.g. companies not yet 
producing, new shippers) to receive the same duty as those who failed to cooperate; whether 
DECOM had ever used the first sampling methodology, i.e. of a statistically valid sample; whether DECOM included companies that were found to have a zero (0) or de minimis  dumping margin in 
the calculation of the weighted average dumping margin of the sampled companies; when and 
how DECOM would determine the outcome of the sampling exercise and how respondents and all interested parties would be informed about this outcome; and whether DECOM had a target for the minimum percentage of total volume of exports to be examined when applying sampling. The 
delegate of Brazil replied to the questions.  
4. Many Members also took the opportunity to ex plain their practices on similar issues. There 
was an active and useful exchange of information and views, which was significantly more lively 
than in previous meetings. 
5. The representative of Brazil also proposed that Members reflect on how the work of this 
Group could be reinvigorated and suggested furthe r that Members could consider the inclusion of 
new topics in the list of topics which were before the Group for discussion. Some Members also 
expressed their willingness to reflect on these suggestions.  
6. The Chairperson, Mr Andrew Staines (United Kingdom) proposed to Members to hold 
informal consultations with them to explore ideas in this regard and report back to the Committee. G/ADP/AHG/R/36 
 
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  7. The Chairperson also encouraged other Members to submit papers on any of the nine topics 
that were before the Group for discussion: (1) Article 2.2 - export prices to third countries or constructed normal value; (2) Article 2.4.1 - foreign exchange fluctuations; (3) Article 13 - judicial, arbitral or administrative review; (4) "How do Members determine whether there has been 
a significant price undercutting by the dumped  imports? – Article 3.2"; (5) Article 2.3 – 
constructed export price; (6) Article 3.5 – other known causes of injury; (7) Article 3.7 – threat of material injury; (8) Article 5.3 – accuracy and adequacy test; and (9) Article 11.3 – sunset 
reviews. 
8. The Group agreed to schedule its next meeting for the week of 27 Apri l 2015, with the exact 
date to be confirmed later. 
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