WORLD TRADE  
ORGANIZATION  TN/RL/GEN/154 
25 February 2008 
 (08-0837) 
Negotiating Group on Rules Original:   English 
  
SPECIAL AND DIFFERENTIAL TREATMENT AND  
TECHNICAL ASSISTANCE IN TRADE REMEDIES
 
 
Submission by the ACP and African Groups  
  
 The following communication, dated 22 February 2008, is being circulated at the request of 
the ACP and African Groups.  
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1. Introduction  
The ACP and African Groups submit the following proposal regarding Special and 
Differential Treatment and Technical Assistance for inclusion in the Chairman's revised text on the 
Anti-dumping Agreement.  
This submission builds on the proposal tabled by the Delegation of Kenya on 27 June 2006 
contained in TN/RL/GEN/143.  The Proposal incl udes suggested texts for the modification of 
Article 15 of the Anti-dumping Agreement with the aim of ensuring that developing countries are able 
to take full advantage of the provision, particular ly, as it relates to initiation and investigation of 
dumping under the Agreement and the application of anti-dumping measures against developing 
country Members.  
2. Revised Legal Text of Article 15 suggested for inclusion in the ADP Agreement  
Article 15:  Special and Differential Treatment to Developing Country Members  
"It is recognised that special regard must be  given by developed country members to the 
special situations of developing country members when considering the application of anti-dumping 
measures under this Agreement.  Possibilities of  Constructive remedies provided for in t his 
Agreement  shall be explored before  applying anti-dumping duties  measures where they would affect 
the essential interests of developing country Members .  In this regard, developed country Members 
shall invite consultations, within a reasonable period  of time, before the initiation of an investigation 
against goods originating in or e xported from a developing country Memb er.  Such consultations shall 
explore constructive remedies, with a view to a rriving at a mutually agreed upon solution short of 
investigation or imposition of measures by the de veloped country against the developing country 
Member. "  
Initiation of Investigation  
15.1  Members further recognise that "special ci rcumstances" referred to in Article 5.6, which 
permit authorities to initiate investigations wit hout having received a written application by or on 
behalf of the domestic industry for the initiation of such investigation, exist in developing countries.  
  TN/RL/GEN/154 
Page 2  
 
  15.1.1  Due to these "special circumstances" preva iling in developing countries, the Governments of 
these countries may play an active role in : 
• Assisting the domestic industry which is allegi ng that increased dumped imports are causing 
injury, in collecting information, inter alia,  on volume of imports and on prices, both export 
prices and prices prevailing on the domestic market of the exporter for the like product ; 
• Assisting such industries in collecting evid ence required by Article 5.4 on the degree of 
support or opposition to the application expressed  by domestic producers in order to establish 
that the application has been made by or on behalf of the industry ; 
• Requesting the investigating authorities to initia te investigations where there are reasonable 
grounds to believe, on the basis of the informa tion collected, that there is sufficient evidence 
to suggest that increased imports are causing injury to the domestic industry and the industry 
has no technical capacity to apply for investigations . 
15.1.2 In the collection of evidence referred to in 15.1.1 above, the governments could exercise 
surveillance of trends in imports and the prices of products that are alleged to be injured by dumped 
products.   Such surveillance could be exercised by : 
• Requiring the customs administration to provide on transaction-by transaction basis, data on 
volume of imports and the prices of  products put under surveillance ; 
• Adopting systems of automatic licensing of imports of such products . 
15.1.3 Where a licensing system is adopted for the su rveillance of the imports, the importers shall be 
required to submit in their application for licen ces, information on quantities to be imported, the 
import price and the price at which the like product is being sold in the domestic market of the 
exporting country .   
15.1.4 Such licences shall be issued automatically a nd shall not be used for restrictive purposes.  The 
provisions of the WTO Agreement on licensing pro cedures, which require that automatic licences 
should be issued within a period of 10 days, shall apply to such licensing systems . 
15.1.5 The information collected under the surveilla nce mechanism shall be published and could be 
used as evidence in support of applications to  the investigating authorities for initiation of 
investigations : 
• By the affected domestic industry; or  
• By governments, where application for initia tion of investigations is made by them . 
15.1.6  The governments of countries which use th e services of Preshipment Inspection Companies 
may use the services of these companies to obtain in formation on prices, of the products put under 
surveillance in the domestic market of the exporting country . 
Application of Anti-dumping Measures  
15.2  Constructive remedies shall be explored.  Su ch constructive remedies shall take the form of, 
inter alia,:  
• Application of lesser anti-dumping duty than the margin of dumping, if such lesser duty 
would be adequate to remove the injury to the domestic industry;   TN/RL/GEN/154 
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  • Non-application, including suspension or te rmination, of provisional measures/or anti-
dumping duties where any exporter from a devel oping country Member undertakes to review 
its prices or to cease exports to the area in question at dumped prices;  
• Acceptance of price undertakings from any exporter from a developing country Member 
provided that the undertaking is sufficien t to eliminate the margin of injury;  
• Longer timeframes for receiving answers to qu estionnaires from exporters and producers of 
developing country Members . 
Technical Assistance  
15.3  Technical Assistance to developing count ry Members shall be provided on request by 
Members, and by the WTO Secretariat within its  competence to enhan ce the capacities of these 
Member countries in the application of anti-dumpi ng measures in accordance with the rules of the 
Agreement.  The areas in which such assistan ce would be needed include among others ; 
• Establishment and strengthening of national legal and institutional frameworks for the 
application of anti-dumping measures to countries which have not been able to establish such 
framework and for training of personnel in undertaking investigations according to the 
procedures prescribed by the Agreement ; 
• Establishment and strengthening of regional inv estigating authority for investigations of 
complaints on dumping in countries belonging to a regional economic grouping ; 
• Building and enhancing the technical capacities of  the officials of the investigating authorities 
for undertaking investigations ;  
• Establishment of mechanisms for surveillance of  imports of products that are alleged to be 
causing injury to domestic industry with a view to assisting them in collecting relevant 
information on trends in imports and their prices ; 
• Training of lawyers, accountants and other professionals in the application of anti-dumping 
measures . 
 
Review of the Operation of Article 15  
 
15.4  The provisions of Article 15 shall be re viewed by the Committee on Anti-dumping Practices 
after three years with a view to examining whet her any modifications a nd improvements would be 
necessary to make it responsive to the needs of developing countries . 
 
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