. /.  WORLD TRADE  
ORGANIZATION  TN/RL/GEN/83 
17 November 2005 
 (05-5420) 
Negotiating Group on Rules Original:   English 
  
 
 
ADDITIONAL PROPOSAL ON TRANSPARENCY UNDER ARTICLE 12 OF THE ADA1 
 
Paper from Hong Kong, China  
 
 
 The following communication, dated 16 November 2005, 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)/ 286), also be circulated as a formal document. 
_______________ 
 
 
 Hong Kong, China welcomes the submission by the Delegation of Norway entitled “Proposal 
on Issues Relating to Evidence, Public Notice and E xplanation of the Determinations under Articles 6 
and 12 of the ADA” (TN/RL/GEN/49), and its subse quent paper entitled “Further Proposal on Issues 
Relating to Article 6 of the ADA” (TN/RL/GEN/49/A dd.1).  Hong Kong, China shares the belief that 
transparency and due process are highly important  in ensuring proper conduct of anti-dumping 
investigations.  Hong Kong, China believes the dr aft texts in the Norwegian papers provide a good 
basis for Members to work on meaningful improvements on transparency and due process under Articles 6 and 12.       In respect of Article 12, Hong Kong, China welcomes the improvements suggested by 
Norway, and believe that the list of information to  be specified in the public notices of initiation, 
preliminary and final determinati ons can be reviewed and further developed in the course of the 
negotiations.  Apart from those improvements, H ong Kong, China believes the Group could also look 
into one important issue that is not currently  addressed in Article 12, namely, the need for 
transparency of anti-dumping measures that are cu rrently in force within the importing Member.  
Hong Kong, China believes that an all-rounded impr ovement of Article 12 should also address this 
important aspect.     In this regard, Hong Kong, China believes th at the importing Member should be required to 
maintain a public register of all the definitiv e anti-dumping measures current ly in force in that 
Member, and setting out relevant details of the measur es in question.  Such a register would provide a 
useful overview of all the anti-dumping measures cu rrently in force in an importing Member, and 
enhance transparency to the general public of the use of anti-dumping measures in the importing 
Member, in furtherance of the objectiv es 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. TN/RL/GEN/83 
Page 2  
 
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 date of imposition of the anti- dumping measure and subsequent review(s)
2; 
 (ii) the subject product (including its tariff classification for customs purposes); 
 (iii) the size3 of the domestic industry; 
 (iv) the total volume or value of the production of the like product4 by the domestic 
industry, and the share of the domestic cons umption of the like product, for the most 
recent calendar or financial year; 
 (v) the exporting country or countries concerned; 
 (vi) in respect of each exporting country con cerned, the range (i.e. the highest and lowest) 
of individual anti-dumping duty currently in force and the applicable duty for “all other” exporters under pa ragraph 4 of Article 9
5;  
 (vii) the total volume or value of import of the subject product6 from each exporting 
country concerned, and the share of the domestic consumption of the like product in 
the importing Member, for the most recent calendar or financial year." 
 
 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 pursu ant to Article 11 and to decisions under 
Article 10 to apply duties retroactively.” 
 
__________ 
 
 
                                                      
2 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. 
3 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, informa tion may be based on best estimates.  
4 or the narrowest category of product including the like product, for which statistics are kept. 
5 (i) for members operating a minimum price system, in formation to be provided refers to the relevant 
dumping margins established at the time of the original i nvestigation, or those esta blished at the most recent 
review involving an adjustment of normal value;  
(ii) where less duty applies, information to be provided  refers to the reduced rate of anti-dumping duty;   
(iii) where duty is suspended, the date and duration of suspension should be given. 
6 or the narrowest category of product including th e subject product, for which statistics are kept.