. /.   WORLD TRADE  
ORGANIZATION  TN/RL/W/233 
8 July 2008 
 (08-3298) 
Negotiating Group on Rules Original:   English 
  
 
STATEMENT ON ANTI-DUMPING NEGOTIATIONS 
 
Communication from Brazil;  Chile;  China;  Colombia ;  Costa Rica;  Hong Kong, China;  Indonesia; 
 
Israel;  Japan;  Korea, Rep. of;  Malaysia;  Mexi co;  Norway;  Pakistan;  Singapore;  Switzerland;   
the Separate Customs Territory of Taiwan, Penghu, Kinmen  
and Matsu;  Thailand;  and Viet Nam  
 
  The following communication, dated 8 July 2008,  is being circulated at the request of the 
Delegations of Brazil;  Chile;  China;  Colombia;  Co sta Rica;  Hong Kong, China;  Indonesia;  Israel;  
Japan;  Korea, Rep. of;  Malaysia;  Mexico;  No rway;  Pakistan;  Singapore;  Switzerland;  the 
Separate Customs Territory of Ta iwan, Penghu, Kinmen and Matsu;  Thailand;  and Viet Nam.   
 
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1. Delegations of Brazil;  Chile;  China;  Colombia;  Costa Rica;  Hong Kong, China;  
Indonesia;  Israel;  Japan;  Korea, Rep. of;  Ma laysia;  Mexico;  Norway;  Pakistan;  Singapore;  
Switzerland;  the Separate Customs Territory of Ta iwan, Penghu, Kinmen and Matsu;  Thailand;  and 
Viet Nam made this statement concerning the an ti-dumping negotiations in light of the working 
document issued by the Chairman of Negotia ting Group on Rules on 28 May 2008 that included 
Annex A on antidumping (TN/RL/W/232).  This is without prejudice to the views that the 
Delegations may have on other issues in the negotia tions that are not specifically mentioned below.  
We are asking other Delegations to join us as co-sponsors of this statement.   
 
2. We recall that the chairman's first draft text on anti-dumping last November (TN/RL/W/213) lacked balance and raised serious concerns.  One of  the reasons for such concerns was the legalization 
of zeroing, a method that unfairly inflates anti- dumping duties.  As stated in the document 
TN/RL/W/214/Rev.3:  "Zeroing is a biased and par tial method for calculating the margin of dumping 
and inflates anti-dumping duties.  If the use of such practice prevails in the future, it could nullify the 
results of trade liberalization efforts.  The Chair's text must serve the spirit of the Doha Development 
Agenda, which we understand to be to increase trad e flows, enhance predictability, and provide more 
transparency".   
 
3. We thank the Chairman for his efforts to m ove forward the rules negotiations.  However, his 
first draft text has not been revised yet.  We are concerned about the future process.  There is still a 
large gap between this working document (TN/RL/W/232) and a possible revised text that will 
adequately reflect the actual negotia tions and balance among Members.   
 
4. The gap should be and can be filled in a prompt manner.  Regarding the particular subject of 
zeroing, the Chairman describes, among other thin gs, that numerous delegations opposed zeroing 
while only one delegation insisted on a restoration of zeroing in all contexts.  He further refers to the 
proposal by twenty developing and developed Memb ers which proposes the prohibition of zeroing in 
all proceedings (TN/RL/W/215).  What is called for here is the mere reflection of the reality of 
negotiations into the text.   TN/RL/W/233 
Page 2  
 
  5. Furthermore, on 20 May 2008, the Dispute Se ttlement Body adopted the Appellate Body 
Report on United States – Final Anti-Dumping Measures on Stainless Steel from 
Mexico  (WT/DS344/AB/R) that confirmed again that zeroing was inconsistent with the Anti-
Dumping Agreement.   
 6. We reiterate that only a balanced revised text  can serve as the basis for future negotiations 
and will move the process forward.  We are at a critical juncture under the DDA.  The rules 
negotiation is one of the essential areas under the si ngle undertaking.  The strengthened disciplines are 
indispensable as the final outcome.  We will conti nue to devote ourselves to the negotiations and ask 
the Chairman for the early release of a revised te xt reflecting the actual negotiations and balance 
among Members.   
 7. In this regard, at the upcoming Ministerial meeting in late July, we call on WTO Members to 
urge the Chairman to issue a balanced revised text  as soon as possible that shall be the basis for the 
next stage of negotiations.  WTO Members will be  able to further direct the Negotiating Group on 
Rules to intensify and accelerate the negotiations b ased upon the revised text from early September so 
as to achieve the strengthened disciplines as the final outcome by the end of 2008.     
 
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