. /.   WORLD TRADE  
ORGANIZATION  TN/RL/GEN/116 
21 April 2006 
 
 (06-1844) 
Negotiating Group on Rules Original:   Spanish 
  
 
ANTI-DUMPING ACTION ON BEHALF OF A THIRD COUNTRY  
 
Communication from Mexico
 
  
 The following communication, dated 20 April 2006,  is being circulated at the request of the 
delegation of Mexico.   The submitting delegation has requested that  this paper, which was submitted to the 
Negotiating Group on Rules as an informal document (JOB(06)/97), also be circulated as a formal 
document. 
 
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  The proposal contained in this document does not represent a final position and may be 
subject to further additions and/or ame ndments in the course of the negotiations. 
 
Objective 
 
 To afford Members a real opportunity to carry out procedures whereby anti-dumping action 
on behalf of a third country can actually be impos ed.  This, in our view, will require substantive 
modification of Article 14 of the Anti-Dumping Agreement.  
Problem with the current text of the Anti-Dumping Agreement 
 
 The requirement in Article 14.4 of the An ti-Dumping Agreement whereby the importing 
country initiates the approach to the Council for Trad e in Goods seeking its approval in order to take 
anti-dumping action on behalf of a third country, mak es the provisions of this Article inoperative.  
The reason being that, under Article IX of the Ma rrakesh Agreement, decision-making in the Council 
for Trade in Goods is by consensus;  conseque ntly, the exporting country need only express 
disagreement for the Council to disallow anti-dumping action by the importing Member. 
 
Proposed amendment 
 
 Delete the sentence in Article 14.4 of the Anti-Dumping Agreement concerning approval by 
the Council for Trade in Goods and move the sentence "The decision whether or not to proceed with a 
case shall rest with the importing country." from Article 14.4 to the end of Article 14.3 of the Anti-
Dumping Agreement.     
 
 TN/RL/GEN/116 
Page 2  
 
  Proposed Amendment of the Anti-Dumping Agreement 
 
(The new text is underlined and the deleted text is in strike out type) 
 
Article 14 
 
Anti-Dumping Action on Behalf of a Third Country  
 
14.1 An application for anti-dumping action on beha lf of a third country shall be made by the 
authorities of the third country requesting action. 
 
14.2 Such an application shall be supported by pri ce information to show that the imports are being 
dumped and by detailed informati on to show that the alleged dumping is causing injury to the 
domestic industry concerned in the third country.  Th e government of the third country shall afford all 
assistance to the authorities of the importing country to obtain any further information which the latter 
may require. 
 14.3 In considering such an application, the aut horities of the importing country shall consider the 
effects of the alleged dumping on the industry concerne d as a whole in the third country;  that is to 
say, the injury shall not be assessed in relation only to the effect of the alleged dumping on the industry's exports to the importing country or even on the industry's total exports.  The decision 
whether or not to proceed with a case shall rest with the importing country.   
 14.4
 The decision whether or not to proceed with a case shall rest with the importing country.  If 
the importing country decides that it is prepared to take action, the init iation of the approach to the 
Council for Trade in Goods seeking its approval for su ch action shall rest with the importing country.  
 
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