WORLD TRADE  
ORGANIZATION  TN/RL/GEN/83/Add.1 
24 April 2006 
 (06-1876) 
Negotiating Group on Rules Original:   English 
  
 
 
ADDITIONAL PROPOSAL ON TRANSPARENCY UNDER ARTICLE 12 OF THE ADA1 
 
Paper from Hong Kong, China  
 
Addendum  
   The following communication, dated 20 April 2006,  is being circulated at the request of the 
Delegation of Hong Kong, China. 
  The submitting delegation has requested that th is paper, which was submitted to the Rules 
Negotiating Group as an informal document (JOB(05)/2 86/Add.1), also be circulated as a formal 
document. 
 
_______________ 
 
 
 In TN/RL/GEN/83, Hong Kong, China propo ses that importing Members currently applying 
anti-dumping measures be required to establish and main tain a public register of all the definitive anti-
dumping measures currently in force in that Member , and setting out relevant details of the measures 
in question. 
     
 While the Anti-dumping Agreement contains various transparency requirements in respect of anti-dumping proceedings, there is little requirement for transparency in respect of the anti-dumping 
measures themselves.  It is therefore extremely difficult for governments and exporters of other WTO 
members, as well as members of the public genera lly, to get a comprehensive picture of the anti-
dumping measures currently in force in a Member.  The importance of transparency of existing 
measures should not be overlooked.  After all, as at 30 June 2005 , there were over 1,200 definitive 
measures in force
2.  In some Members, the number of anti-dumping measures exceeds 100, or even 
200.  Many of these measures exist beyond the 5-year te rm; in some cases, for more than 20 years.     
  The requirement to maintain a register of a ll anti-dumping measures currently in force in an 
importing Member would provide a useful overvie w of all the anti-dumping measures currently in 
force in an importing Member.  It would allow tr aders quick access to relevant information about anti-
dumping measures on products of interest to them.  Equally if not more impor tantly, it would enhance 
transparency to the general public of the use of  anti-dumping measures in the importing Member, in 
furtherance of the objectives of good governance and public accountability. 
 
                                                     
 
1 The proposal contained in this document does not represent a final position and may be subject to 
further addition and/or modification in the course of the negotiations.  Other provisions of the Anti-dumping 
Agreement that may be affected by the proposal may be examined in the later stages of the negotiations when 
Members have a more comprehensive picture of the amended Agreement. 
2 Based on Report (2005) of the Committee on Anti-dumping Practices G/L/758.  TN/RL/GEN/83/Add.1 
Page 2  
 
   Hong Kong, China appreciates the comments a nd suggestions for improvements made by 
other Members on its proposal at the plenary sessi on of the Negotiating Group on Rules in January 
2006, and in subsequent informal c onsultations.  The textual proposal in this paper has been revised to 
in view of the comments and suggestions by Members.  Major changes include:  
(1) removal of the requirement for domestic producti on figures, in view of the difficulties raised 
by members in collecting the information; 
(2) while the requirement for annual update of volume or value of import, and market share of 
imports [item (vi)], is retained, the figures ma y be based on best estimates if actual figures 
cannot be obtained despite the use of best endeavours; 
(3) providing for information to be withheld to  protect business confidentiality [item (vi)]; 
(4) new item on the total amount of anti- dumping duties collected [item (vii)]; 
(5) consequential amendment to Article 16.4, in order to provide for Members to submit an 
updated copy of their register to the WTO once a year, to be included in the relevant semi-annual report.   
 
 The Annex to this paper contains a sample register for reference.  
  Some Members have suggested including inform ation as to whether price undertakings have 
been accepted on the register.  Likewise, some me mbers have suggested keeping a list of initiated 
investigations.  Hong Kong, China welcomes further discussion on these suggestions.     
 
Textual Proposal
 
 Add a new paragraph 4 to Article 12:  
 "12.4 The authorities shall maintain a publ ic register of all definitive anti-dumping 
measures currently in force in that Member.  The register shall contain the following 
information in respect of each of the anti-dumping measures in question: 
  (i) the subject product (including its tariff classification for customs purposes);  (ii) the exporting country or countries concerned; 
 (iii) the date(s) of imposition of the an ti-dumping measure and subsequent review(s)
3; 
 (iv) in respect of each exporting country con cerned, the range (i.e. the highest and lowest) 
of individual anti-dumping duty rate currently  in force, the applicable duty for “all 
other” exporters under pa ragraph 4 of Article 9 and the lesser duty rate4; 
(v) the size5 of the domestic industry;  
 (vi) the total volume or value of import of the subject product from each exporting 
country concerned, and the share of th e domestic consumption of the like product 
(including the product under consideration) in the importing Member, for the most recent calendar or financial year
6, unless information has to be withheld to protect 
confidential business information of producers/exporters; 
                                                      
3 where the measure is subject to ongoing review, the type of review and the date of initiation; if the 
measure is terminated during the reporting period, the date of termination. 
4 (i) for Members operating a prospective normal value system, information on the range of anti-
dumping duty rate and all others rate to be provided refers to the relevant dumping margins established at the 
time of the original investigation; 
 (ii) where duty is suspended, the date and duration of suspension should be given. 
5 i.e. the actual or estimated number of producers and employees at the time of initiation, or more 
recent figures if available.  Information should be base d on identified official or other independent sources.  If 
such sources are not available, inform ation may be based on best estimates. 
6 where actual figures cannot be obtained despite best endeavours, the figures may be based on best 
estimates.  TN/RL/GEN/83/Add.1 
 Page 3 
 
 
  (vii) the total amount of anti-dumping duty collected7 on the subject product imported 
during the most recent calendar or financ ial year from each exporting country." 
  The public register may be maintained on a pub lic website of the government of the importing 
Member.  Alternatively, the register shall be made  available for inspection by members of the public, 
and its full contents shall be published in  a public notice at least once a year.   
 
Consequential amendment to Article 12.3: 
 
 “12.3 The provisions of paragraphs 1 and 2 of
 this Article shall apply mutatis mutandis to the 
initiation and completion of reviews pursuant to Article 11 and to decisions under Article 10 
to apply duties retroactively.” 
 
Consequential amendment to Article 16.4:  
“16.4 Members shall report without delay to the Committee all preliminary or final 
anti-dumping actions taken.  Such reports shall be available in the Secretariat for inspection 
by other Members.  Members shall also subm it, on a semi-annual basis, reports of any 
anti-dumping actions taken within the preceding six months.  The semi-annual reports shall 
be submitted on an agreed standard form.  Once a year, Members shall also submit to the 
Committee an updated copy the public register ma intained pursuant to paragraph 4 of Article 
12, to be included in the relevant semi-annual report .” 
 
_______________ 
                                                      
7 in the case of a retrospective duty assessment system, this includes the cash deposits paid in respect of 
entries made during the reference period.     
  TN/RL/GEN/83/Add.1 
Page 4 Annex  
 
SAMPLE REGISTER OF DEFINITIVE ANTI-DUMPING MEASURES IN FORCE DURING [ CALENDAR YEAR 2005 ]8  
 
(1) 
Product  (2) 
Country/ 
Customs Territory (3) 
Date of imposition and 
date(s) of decisions of 
subsequent review(s)9 (4) 
Range of anti-dumping 
duty rate, all others rate 
and lesser duty rate 
(most recent  
figures only) 10 (5) 
Domestic industry: 
number of producers 
and workforce size11 (6) 
Total volume or value 
of imports subject to 
the AD measure, and 
market share (as a % 
of 
domestic consumption)
during reporting 
period12 (7) 
Total amount of AD 
duty collected during 
the reporting period13 (8) 
Whether price 
undertaking has 
been accepted 
Coated  
Groundwood paper  
(HSxxxxxx) A 27.10.1995 
(30.9.2000) 
(sunset review initiated 
1.3.2005, decision 
pending) (1) 5-20% 
(2) 15% 
(3) 18% (1) 20 
(2) 1000 
[Figures from official 
industry survey as at 
31.12.2004]  (1) 30,000MT  
(2) 30% $XXX No 
Egg pasta 
(HSxxxxxx) B 9.5.1999  
(30.4.2004)  (1) 60-80% 
(2) 65% 
(3) 65% 
 [Measure suspended for 
15 mths w.e.f. 
31.12.2004] (1) 2  
(2) 150 
[Official estimates as at 
last review - 1.1.2003]  (1) 9.5M lbs 
(2) 95% $XXX Yes 
Frozen concentrated 
orange juice  
(HSxxxxxx) A 1.5.2000  
(17.5.2005) (1) 20-40% 
(2) 25% 
(3) 24% (1) 30 
(2) 1000 
[Official estimates as at 
last review - 30.6.2004] (1) 80,000,000 litres 
(4) 40% $XXX No 
Frozen concentrated 
orange juice  C 1.5.2000  (1) 5-10% 
(2) 7%  As above (1) 0 $XXX No 
                                                      
 8 The reporting period may be a full calendar year or a full fiscal year. 
 9 If there is an ongoing review, please pr ovide date of initiation of such review. 
 10 (a) For Members operating a prospective normal value system, information on the range of anti-dumping duty rate and all others  rate to be provided refers to the 
relevant dumping margins established at the time of the original investigation.   
     (b) Where AD measure is suspended pleas e provide the date and duration of suspension. 
 11 Based on data available at initiation, or more rece nt data if available. Please specify data source. 
  12 Actual data, or best estimates (please specify) if actual data not available despite best endeavours.  Where information is wi thheld to protect business confidentiality,  
please specify. 
13 in the case of a retrospective duty assessment system, this includes the cash deposits paid in respect of entries made during the reference period.    
  
   TN/RL/GEN/83/Add.1
 Page 5(1) 
Product  (2) 
Country/ 
Customs Territory (3) 
Date of imposition and 
date(s) of decisions of 
subsequent review(s)9 (4) 
Range of anti-dumping 
duty rate, all others rate 
and lesser duty rate 
(most recent  
figures only) 10 (5) 
Domestic industry: 
number of producers 
and workforce size11 (6) 
Total volume or value 
of imports subject to 
the AD measure, and 
market share (as a % 
of 
domestic consumption)
during reporting 
period12 (7) 
Total amount of AD 
duty collected during 
the reporting period13 (8) 
Whether price 
undertaking has 
been accepted 
(HSxxxxxx) (17.5.2005) (3) 20% (N/A) 
[Measure terminated 
w.e.f. 17.5.2005] (2) 0% 
Machine tufted carpeting 
(HSxxxxxx) D 1.1.2004 (1) 4-9% 
(2) 7%  
(3) 15% (N/A) (1) 100 
(2)10,000 
[Official estimates as at 
initiation – 1.1.2003] (1) 20M Sq. Metres (2) 
20% $XXX Yes 
Machine tufted carpeting 
(HSxxxxxx) E 1.1.2004 (1) 5-30% 
(2) 20% (3) 20% As above (2) 70M Sq Metres 
(2) 70% $XXX No 
 
Editorial note 
- Information in columns 1, 2 and 3 cu rrently collected in semi-annual reports 
- Information in column 8 not part of Hong Kong, China’s proposal but  has been suggested for inclus ion by some members during dis cussions at the plenary 
session of the Negotiating Group on Rules in February 2006 
 
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