WORLD TRADE  
ORGANIZATION   
G/ADP/AHG/W/191 
21 September 2011 
 (11-4556) 
Committee on Anti-Dumping Practices 
Working Group on Implementation Original:   English 
 
 
 
ARTICLE 11.3 – SUNSET REVIEWS  
 
Paper by Pakistan 
 
 
 The following communication, dated 19 September 2011, is being circulated at the request of the Delegation of Pakistan.  
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 1. This paper is based on the experience of th e National Tariff Commission (the "Commission"), 
Pakistan's anti-dumping investigating authority. 
 
2. In continuation of the meeting of the Working Group in May 2011 to share their practice/experience in "constructed export price" an d "accuracy and adequacy test", Pakistan would 
also like to share its experience and practice on sunset reviews of anti-dumping duties under 
Article 11.3 of the Agreement on Implementation of  Article VI of GATT 1994 (the "Agreement").  
 
1. Applicable Legislation 
 
3. Articles 11.3 and 11.4 of the Agreement provide:  
"11.3 Notwithstanding the provisions  of paragraphs 1 and 2, any definitive 
anti-dumping duty shall be terminated on a date not later than five years from its 
imposition (or from the date of the most  recent review under paragraph 2 if that 
review has covered both dumping and injury, or under this paragraph),  unless the 
authorities determine, in a review initiated before that date on their own initiative or 
upon a duly substantiated request made by  or on behalf of the domestic industry 
within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence  of dumping and injury.
1  The duty may 
remain in force pending the outcome of such a review." 
"11.4 The provisions of Article 6 regar ding evidence and procedure shall apply to 
any review carried out under this Article.  Any such review shall be carried out 
expeditiously and shall normally be concl uded within 12 months of the date of 
initiation of the review." 
                                                      
1 When the amount of the anti-dumping duty is assessed on a retrospective basis, a finding in the most 
recent assessment proceeding under subpar agraph 3.1 of Article 9 that no duty is  to be levied shall not by itself 
require the authorities to terminate the definitive duty. G/ADP/AHG/W/191 
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  4. The Government of Pakistan has given effect to these provisions in Pakistan in its domestic 
legislation, namely the Anti-Dumping Duties Or dinance 2000 (the "Ordinance") and Anti-Dumping 
Duties Rules 2001.  Sections 58 and 62 of the Ordinance provide as follows:  
"58.  Review of anti-dumping duty. – (1) Any definitive anti-dumping duty imposed 
under this Ordinance shall be terminated on a date not later than five  years from the 
date of its imposition or from the date of the most recent review under section 59, if 
such review has covered both dumping and injury.   (2)  The Commission shall, not later than ninety days preceding the date of expiry of a definitive anti-dumping duty, publish a notice of impending expiry of such anti-
dumping duty in the official Gazette and in at least one issue each of a daily 
newspaper in the English language and a daily newspaper in the Urdu language having wide circulation in Pakistan.  (3)  A definitive anti-dumping duty shall not expire if the Commission determines, 
in a review initiated before the date of exp iry on its own initia tive or upon a duly 
substantiated request made by or on behalf of domestic industry within forty-five days 
from public notice of impending termination of the definitive anti-dumping duty concerned, that the expiry of such anti-dum ping duty would be likely to lead to 
continuation or recurrence of dumping and injury and such anti-dumping duty shall 
remain in force pending the outcome of such a review." 
 
"62.  Evidence and procedure. – (1) The provisions of sections 27, 31, 32, 33, 35, 39, 
and 46 shall apply, mutatis mutandis, to any review carried out under Part XV of this Ordinance.  
"(2)  Any review conducted under sections 58 and 59 shall be carried out 
expeditiously and shall normally be conclude d within twelve months of the date of 
initiation of the review."  
2. Commission's Practice With Respect to Sunset Reviews  
5. The Commission publishes a notice of impending expiry in the Official Gazette and national 
press at least ninety days before expiry of a de finitive anti-dumping duty.  In the notice of impending 
expiry, all interested parties are informed that th e anti-dumping duty will terminate, on expiry of five 
years from the date of imposition of the duty, unless a review under Section 58 (3) of the Ordinance is initiated before the date of the te rmination of the duty.  Domestic  industry producing the like product 
may file a sunset review application with the Commission on the prescribed form within forty-five 
days of the publication of notice of impending expiry, if it so wishes.  6. The application must contain information and evidence of likely continuation or recurrence of 
dumping of the investigated product (the product concer ned) and injury to the domestic industry.  On 
receipt of a properly documented application, the Co mmission reviews it.  Deficiencies, if any, are 
communicated to the applicant. 
 7. On receipt of the application, the Commi ssion examines the accuracy and adequacy of the 
evidence provided in the application to determine whether it is compliant with the requirements of 
section 58(3) of the Ordinance and assesses whether the application is made by or on behalf of the 
domestic industry in accordance with provisions of S ection 24 of the Ordinance (Article 5.4 of the 
Agreement).  If the application is compliant with the requirements of the Ordinance, the Commission 
initiates a sunset review.   G/ADP/AHG/W/191 
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  8. Notice of initiation of the review is published in  the Official Gazette and in widely circulated 
newspapers.  Copy of the notice of initiation is sent to the Government of the exporting country and 
all known interested parties including exporters, fore ign producers, importers, domestic producers and 
relevant associations.   
9. On initiation of a sunset review, a public file is established a nd maintained at the 
Commission’s office.  This file contains the non-conf idential versions of the application, responses to 
the questionnaires, submissions, notices, on-the-s pot investigation reports, record of hearings, 
comments of interested parties, statement of essen tial facts, correspondence, and other documents for 
disclosure to the interested parties.  The public fi le remains available to th e interested parties for 
review and copying from Monday to Thursday thro ughout the review investigation (except public 
holidays).   10. After initiation of a sunset review, a copy of  the full text of the written application (non-
confidential version) is sent to the Government of the exporting country and concerned exporters. 
 
11. To collect information necessary for the pur poses of a sunset review, questionnaires are sent 
to known exporters, foreign producers, importers and domestic producers.  At least 37 days are 
granted to respond to the questionnaires; however, the Commission usually accedes to requests for extension in time to respond to the questionnaire.  
12. Period of Review ("POR"):   For the determination of likely continuation or recurrence of 
dumping, POR is one year and for determination of likely continuation or recurrence of injury POR is 
three years.  13. During the sunset review, on-the-spot inves tigations are conducted at the premises of the 
applicant, other domestic producers and exporters/f oreign producers to verify information provided by 
them.  After the on-the-spot investigation, a report is prepared on verification and such report is sent 
to the company concerned in full, and a non-confiden tial version of that report is placed on the public 
file. 
 14. On request from any interested party, the Commission conducts hearings to allow interested 
parties having adverse interests to present their arguments and rebuttals.  All registered interested 
parties are invited to attend the hearing.  The Commission prepares a record of the hearing and makes 
it available to interested parties by placing it on the public file.  15. At least thirty days before the conclusion of  the review, essential facts are disclosed to all 
interested parties in writing, which fo rm basis of the decision of review. 
 
3. Determination of Likely Continuation or Recurrence of Dumping 
 
16. To determine likely continuation or recu rrence of dumping, the Commission considers a 
number of factors, including, but not limited to the following: 
 
 (i) Calculation of dumping margin;  
(ii) Whether the exporter stopped or conti nued exporting the product concerned after the 
imposition of the anti-dumping duty; 
 
 (iii) Whether the exporter has developed ot her export markets after the imposition of the 
anti-dumping duty; G/ADP/AHG/W/191 
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   (iv) The exporter's production capacity, production and inventories with respect to the 
product concerned;  
 (v) Prices applied by the exporter in  its exports to third countries; and 
 (vi) Imposition of anti-dumping, counterv ailing or safeguard measures against the 
exporter by other countries. 
4. Determination of Likely Continuation or Recurrence of Injury 
 
17. To determine likely continuation or recurrence of injury to the domestic industry, the 
Commission first analyses the impact of the imposition of the anti-dumping duty on the overall 
performance of the industry.  Later, the Commission assesses the likelihood of continuation or 
recurrence of injury and cons iders the following factors:  
  (i) Likely change in the volume of imports if the anti-dumping duty is removed;   (ii) Impact of dumped imports on prices of  the domestic like product with and without 
the anti-dumping duty; and 
  (iii) Consequent likely impact of change in dumped imports on domestic producers of the 
like product, which include likely and potential decline in sales, profits , output, 
market share, productivity, return on inv estments, utilization of capacity and likely 
negative effects on cash flows, inventories,  employment, wages, growth, ability to 
raise capital or investments. 
 
5. Revision of the Dumping Margin and the Anti-dumping Duty 
 
18. Earlier, in cases where the Commission had de termined likely continuation or recurrence of 
dumping and injury, it continued the same level of anti-dumping duty as imposed in original 
investigation.  However, from the year 2011, the Commission has reviewed its practice and has 
decided to re-calculate dumping margin(s) in s unset reviews and to revise anti-dumping duties 
according to the new dumping margin(s).   
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