. /. RESTRICTED  WORLD TRADE  
ORGANIZATION  G/ADP/AHG/R/23 
29 July 2008 
 (08-3620) 
Committee on Anti-Dumping Practices 
Working Group on Implementation  
 
 
 
SUMMARY REPORT OF THE MEETING OF THE 
WORKING GROUP ON IMPLEMENTATION OF THE 
COMMITTEE ON ANTI-DUMPING PRACTICES, 
26 APRIL 2008 
 
Note by the Secretariat  
  
1. The Working Group on Implementation ("the Group") met in formal session on 26 April 2008 
and held substantive discussions concerning the topics referred to it by  the Committee on Anti-
Dumping Practices ("the Committee") on May 2003.
1  The Group adopted the agenda for the meeting, 
which was previously circulated as document WTO/AIR/3178, dated 18 April 2008. 
2. The Chairperson, Mr. Gareth Meyer (Australia ), noted that the Group would take up the three 
topics for discussion in the order set forth in th e agenda, as adopted.  These were:  (a) the draft 
recommendation on Article 6.7 of the Anti-Dumping Agreement – Conduct of Verification; 
(b) foreign exchange fluctuations - Article 2.4. 1;  and (c) export prices to third countries or 
constructed normal value - Article 2.2. 
3. Turning to the first item on the agenda, the Chairperson recalled that the original discussion 
on this issue started in the October 2003 meeting and that the discussions to date had been based on 
papers2 submitted by Australia;  the United States;  Ca nada;  the European Communities;  Argentina;  
New Zealand;  Turkey;  Egypt;  Pakistan;  South A frica and Brazil, in that order.  On the basis of 
these papers and the discussions at various meetings , the Secretariat, at the request of the Group, 
developed a draft recommendation on conduct of verifications, and multiple revisions thereof, 
circulated as documents G/ADP/A HG/W/175, G/ADP/AHG/W/175/Rev.1, 
G/ADP/AHG/W/175/Rev.2, and G/ADP/AHG/W/175/Rev.3.   The Chairperson noted that since the 
last meeting of the Group in 2007, the Chairperson of the Rules Negotiating Group ("RNG") had 
circulated on 30 November 2007 a draft consolidated text of the Anti-Dumping and Subsidies and 
Countervailing Measures Agreements, document TN/RL/ W/213.  Because this draft text contained 
certain proposed amendments to Article 6.7, the Gr oup decided not to proceed with its discussions on 
this issue, but left open the opportunity to revisit the issue in the future, depending on the outcome of the RNG process. 
 
4. The Group then moved to the second item on th e agenda, foreign exchange fluctuations - 
Article 2.4.1.  The Chairperson recalled that this topic was referred to the Group for discussion and, if 
possible, for the development of a recommendation to be adopted by the Anti-Dumping Committee, 
by document G/ADP/W/433, dated 4 June 2003.  The Chairperson noted that one paper was 
previously submitted by the United States circulated as document G/ADP/AHG/W/151.  Most 
                                                     
 
1 The list of topics referred to the Working Group was circulated to Members in document 
G/ADP/W/433. 
2 Circulated as documents G/ADP/AHG/W/148, 152, 154, 156, 157, 159, 164, 170, 171, 173 and 174, 
respectively.    G/ADP/AHG/R/23 
Page  2 
  
 
  recently, a paper was submitted by New Zealand, circulated as document G/ADP/AHG/W/177.  
New Zealand introduced its paper, detailing its inv estigating authority's practices with regard to 
foreign exchange fluctuations and responded to questions.  A very limited number of Members shared 
their own practices with regard to treatment of exchange rates in anti-dumping investigations and 
encouraged other Members to also subm it papers detailing their own practices. 
5. The Group next moved to the final item on th e agenda, export prices to third countries or 
constructed normal value - Article 2.2.  Discu ssion began on this topic during the October 2003 
meeting on the basis of a paper submitted by Australia, document G/ADP/AHG/W/149.  
Subsequently, New Zealand, Venezuela, the United States, and Pakistan submitted papers, documents 
G/ADP/AHG/W/161, 162, 166, and 172, respectivel y.  In advance of this meeting, the 
European Communities submitted a paper, ci rculated as document G/ADP/AHG/W/178.  The 
European Communities circulated a revised document, G/ADP/AHG/W/178/Rev.1, during the meeting.  Various members asked questions about th e following topics in the paper:  definition of 
particular market situation, preference of c onstructed normal value ove r third country prices, 
profitability test, and non-commercial processing arrangement.  The European Communities gave a 
brief response and said it would respond to all of the questions at the next meeting.   
6. The Chairperson noted that the following t opics are under active discussion before the Group:  
export prices to third countries - Article 2.2;  forei gn exchange fluctuations - Article 2.4.1;  judicial 
review - Article 13;  and the question of how Members determine significant price undercutting by 
dumped imports - Article 3.2.  The Chairperson en couraged Members that have not submitted papers 
on these topics to do so for the next meeting in the Autumn.  The Group agreed that its next meeting 
would take place during the week of 27 October 2008. 
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