. /.   WORLD TRADE  
ORGANIZATION  TN/RL/W/225 
14 March 2008 
 (08-1163) 
Negotiating Group on Rules Original:   English 
  
 
REVISED RULES TEXT BEFORE HORIZONTAL  
PROCESS BEGINS 
 
Communication from ASEAN
 
 
 
 The following communication, dated 10 March 2008, is being circulated at the request of the Delegation of Indonesia, on behalf of ASEAN WTO Members.
1   
 
_______________ 
 
 1. We seek a revised rules text – one that c ould be a good basis for negotiations.  The revised 
rules text should be within Members' negotiating range, reflects the reality of the negotiations, and 
adheres closely to the DDA mandate.    
2. In the Hong Kong Ministerial Declaration, th e Chairman of the Negotiating Group on Rules is 
mandated "to prepare, early enough to assure a time ly outcome within the context of the 2006 end 
date for the Doha Development Agenda and taking account of progress in other areas of the 
negotiations, consolidated texts of the AD a nd SCM Agreements that shall be the basis
 for the final 
stage of the negotiations".2   
 
3. The Chairman issued the draft text on 30 November 2007 (TN/RL/W/213) and we are appreciative of the early release.  Plurilateral a nd open-ended consultations are currently underway 
and the co-sponsors of this communication are committed to engaging c onstructively in these 
consultations.  The Negotiating Group has heard reactions of members and know what the most 
controversial issues are in the various areas of the Rules negotiations, namely anti-dumping, 
horizontal subsidies, and fisheries subsidies.  In  the case of anti-dumping and fisheries subsidies, the 
Chairman and the Membership have also received some textual amendments and specific substantive 
comments, some of which have received wi de support from the Negotiating Group.   
 
4. In the particular case of anti-dumping, a bout 20 developed and developing Members
3 have so 
far expressed that the draft text lacks balance , due primarily to the inclusion of text legalising the 
practice of "zeroing".  These same members a nd others further proposed alternative text4 to the Chair's 
                                                      
1 The Association of Southeast Asian Nations cons ists of Brunei Darussalam, Cambodia, Indonesia, 
Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Th ailand, and Viet Nam.  Lao PDR is acceding to the 
WTO.    
2 Paragraph 11 of Annex D of Hong Kong Ministerial Declaration (WT/MIN(05)/DEC).   
3 Statement on "Zeroing" in the Anti-dumping Negotiations (TN/RL/W/214/Rev.3, 7 December 2007), 
Statement of Brazil;  Chile;  China;  Colombia;  Costa Rica;  Hong Kong, China;  India;  Indonesia;  Israel;  Japan;  Korea, Rep. of;  Mexico;  Norway;  Pakistan;  Singapore;  South Africa;  Switzerland;  the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu;  Thailand;  and Viet Nam.   
4 Prohibition of Zeroing (TN/RL/W/215, 31 January 2008), Statement of Brazil;  Chile;  China;  
Colombia;  Costa Rica;  Hong Kong, China;  India;  Indonesia; Israel;  Japan;  Korea, Rep. of;  Mexico;  TN/RL/W/225 
Page 2  
 
  proposed language on the issue of "zeroing".  On the issue of lesser duty rule, we remain perplexed 
over the removal of the "desirability" language on the lesser duty rule in the existing AD Agreement 
and seek for the reinstatement of all re moved language rela ting to this.   
 5. The TNC Chair has highlighted at the informal TNC meeting on 31 January 2008
5 that we are 
in the "the last lap and it is now time to start th e sprint towards establishing modalities" and "it would 
be important, at the same time, to give all necessar y comfort to the membership that other areas which 
are being negotiated are also moving forward, in line  with the Single Undertaking".  We support the 
assessment of the TNC Chairman.    
6. In view of the mandate given to the Chairman of the Negotiating Group on Rules, we require 
a revised draft text that reflects the reality of th e negotiations in the Negotiating Group and that 
is in line with the mandate of paragraph 28 of th e DDA.  To give all necessary comfort to the 
membership, the revised text should be issued before the horizontal process begins .   
 
7. To this end, we would also request the Ch air, in consultation with the TNC Chairman, to 
provide a clear work schedule to intensify and co mplete the consultations on all Rules issues and 
allow for time for the revised text to be prepar ed and issued before the commencement of the 
horizontal process.  This work schedule should al so include guidelines on the submission of proposed 
textual amendments to the draft text by the Me mbers to facilitate better consideration.  Close 
adherence to such a work schedul e would prevent any possible dela y on the issuance of a balanced 
revised text that could serve as the basis for final negotiations.   
 
__________ 
 
                                                                                                                                                                    
 
Norway;  Pakistan;  Singapore;  Sout h Africa;  Switzerland;  Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu;  Thaila nd;  and Viet Nam.   
5 JOB(08)/2, 31 January 2008.