. /.   WORLD TRADE  
ORGANIZATION  TN/RL/GEN/133 
24 April 2006 
 
 (06-1919) 
Negotiating Group on Rules Original:   English 
  
 
DISCLOSURE OF CALCULATIONS 
IN PRELIMINARY AND FINAL DETERMINATIONS 
 
Communication from the United States
 
 
 
 The following communication, dated 20 April 2006,  is being circulated at the request of the 
Delegation of the United States.   The submitting delegation has requested that th is paper, which was submitted to the Rules 
Negotiating Group as an informal document (JOB(06)/ 116), also be circulated as a formal document. 
 
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  The United States submits this paper to co mplement its previous paper on mandatory 
preliminary determinations.
1  In its previous paper, the United States highlighted the fact that 
transparency and full participation by parties ar e promoted by requiring the authority to inform 
parties, not only of the facts before the authority, but also of the authority’s interpretation of those 
facts, and how both the facts and the interpretation of them relate to the pertinent principles of law to 
be applied.  To further this goal, the US propo sed that Members be required to issue preliminary 
determinations disclosing essential legal and factua l considerations; Brazil made a similar proposal 
based on similar concerns.2  Other Members have also noted the importance of disclosure to the 
interested parties of the authority’s analysis of the facts before it.3  
  In this paper, we are proposing that all aut horities be required to disclose certain types of 
information following preliminary and final determina tions of the rates of dumping or countervailable 
subsidy and the level of duty to be applied.  Regardless of the methodology or mechanism for 
determining the applied duty rate in an anti-dumpi ng or countervailing duty pr oceeding, the authority 
must perform certain calculations using the informat ion that has been provided or gathered during the 
course of the investigation.  The United States believes that the authority should provide to each 
interested party for whom a level of duty has been  determined the calculations that were used to 
determine the rate of dumping or countervailable subs idy and the level of duty to be applied to that 
interested party, accompanied by explanations su fficient to permit that party to reproduce those 
calculations.  Such disclosure should be provided promptly, normally within one week of giving 
public notice of a determination, as required u nder Article 12.2 of the Anti-Dumping Agreement 
(ADA) and Article 22.3 of the Agreement on Subsidies and Countervailing Measures (ASCM).  
                                                     
 
1 See, Proposal on the  Disclosure of Essential Preliminary Legal and Factual Considerations 
(Mandatory Preliminary Determinations) , Paper from the United States, TN/RL/GEN/108 (6 March 2006). 
2   See, Proposal on Preliminary Determinations , Paper from Brazil, TN/RL/GEN/102 (3 March 2006). 
 3 Proposal on the Disclosu re of Essential Facts , Communication by Turkey, TN/RL/GEN/63 
(16 September 2005), and Further Proposal on Issues Relating to Article 6.9 of the ADA , Paper from Norway, 
TN/RL/GEN/87 (17 November 2005). TN/RL/GEN/133 
Page 2  
 
  Subsequent to the issuance of a preliminary or fi nal determination, a disclosure should include, at a 
minimum, the following:    
1. the calculations used to determine the rate of  dumping or countervailable subsidy and, if 
different, the calculations of the applied dut y rate for collection or assessment purposes,  
whether in electronic format or hard copy (computer programs, spreadsheets, or any other 
medium demonstrating the calculations); 
 2. a detailed explanation of what information w as used, and where the authority obtained the 
information; 
 
3. a detailed explanation of any adjustments made  to reported information when used in the 
calculations. 
 
The goal of this disclosure should be to ensure that each firm has all of the information and 
explanation it needs to reproduce the calculation of  the rate of dumping or countervailable subsidy, 
and any other rate of duty to be applied.    
The United States recognizes that some of the in formation involved may be confidential, but 
believes that interested parties have a fundament al interest in knowing that any measures to be 
imposed are not the result of erroneous or arbitr ary calculations.  In light of the concern about 
confidentiality, the United States is not proposing that  the calculations be disclosed to any party other 
than the party for whom the rate of dumping or subsidization and the level of duty have been 
calculated (normally the exporter).  Proposed Text
 
 
ADA Article 6.10 bis [ASCM Article 12.8 bis] 
  The authorities shall, normally within seven da ys after giving public notice of a preliminary 
or final determination under Article  12.2 [Article 22.3], disclose to each interested party for whom an 
individual rate of duty has been determined, the cal culations used to determine the rate of dumping 
[countervailable subsidy] and, if different, the rate of duty to be applied to that interested party.  The 
authorities shall provide to the interested party the calculations, whether in electronic format (such as 
a computer programme or spreadsheet) or in any other medium, a detailed explanation of the information used, the sources of that information and any adjustments made to the information when 
used in the calculations.  The disclosure and expl anation shall be in sufficient detail to permit the 
interested party to reproduce the calculations without undue difficulty. 
 
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