. /.  WORLD TRADE  
ORGANIZATION  TN/RL/GEN/111 
21 April 2006 
 
 (06-1829) 
Negotiating Group on Rules Original:   English/ 
 French 
 
 
 
PROCEDURES FOR ADVERSELY AFFECTED 
DOMESTIC INTERESTED PARTIES 
 
Paper from Canada  
 
 
 The following communication, dated 20 April 2006,  is being circulated at the request of the 
Delegation of Canada.  
 The submitting delegation has requested that th is paper, which was submitted to the Rules 
Negotiating Group as an informal document (JOB(06)/92), also be circulated as a formal document.   
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 Canada has further refined its proposal having regard to the reaction of Members when its 
paper on public interest [TN/RL/GEN/85] was consid ered at the February 2006 meeting of the Group.  
  Canada’s position on the issue of new pro cedures to allow for the consideration of 
representations of other domestic interested parties whose interests might be adversely affected by the 
imposition of anti-dumping/countervailing duties has b een guided by the fundamental principle that, 
once a Member has established its right under th e AD Agreement and/or the SCM Agreement to 
apply remedial duties, it remains the exclusive and sovereign prerogative of that Member to decide 
how it will respond to other affected domestic interests.  Viewed in this light, the purpose of any new 
provision would be to ensure that the domestic la w of each Member in fact provides a mechanism to 
allow for the consideration of such representations  whenever it is determined by the competent 
authorities of the importing Member, that such consid eration is warranted.  This revised text proposal 
remains true to this principle.  
Revised Text Proposal
 
 
 Canada proposes that Article 9.1 of the AD Agreement be amended as follows (with mirroring amendments to Article 19.2 of the SCM Agreement): 
 
9.1 a)
  The decision whether or not to impose an anti-dumping duty in cases 
where all requirements for the imposition ha ve been fulfilled, and the decision 
whether the amount of the anti-dumping duty to be imposed shall be the full margin of dumping or less, are decisions to be made by the authorities of the importing Member.  It is desirable that the impositi on be permissive in the territory of all 
Members, and that the duty be less than the margin if such lesser duty would be 
adequate to remove the injury to the domestic industry.    TN/RL/GEN/111 
Page 2  
 
  b)  Each Member shall establish pro cedures in its domestic law to allow 
its authorities to take due account of representations made by domestic 
interested parties1 whose interests might be adversel y affected by the imposition 
of an anti-dumping duty. 2 
 
Footnotes  
 
1. For the purpose of this paragraph, the term "domestic interested 
parties" shall include consumers and industrial users of the 
imported product subject to investigation.  
 
2. The determination of whether or not the initiation of these 
procedures is warranted in the ci rcumstances of a particular case 
is to be made by the authorities of the importing Member .      
 
Related Amendments  
 
 Canada further proposes the following related amendments:  1. The addition of a new provision immediately before Article 12.3 of the AD Agreement on 
public notice and explanation of determinations (with a mirroring amendment to Article 22 of the 
SCM Agreement) as follows: 
 
12(New).  Public notice shall be given, in sufficient detail, of the procedures 
referred to in subparagraph 9.1(b), a nd of any determinations, including 
supporting reasons, associated with such procedures.   
 
2. The addition of a new provision immediately after current Article 16.5 of the AD Agreement 
(with a mirroring amendment to Article 25 of the SCM Agreement) as follows:  
16.6 Members shall provide the Committ ee on Anti-Dumping Practices with 
notice setting forth, in sufficient de tail, the procedures referred to in 
subparagraph 9.1(b).    
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 Canada reserves its right to make furthe r submissions on this or any other matter. 
 
 
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