. /.   WORLD TRADE  
ORGANIZATION  TN/RL/W/229 
17 April 2008 
 (08-1807) 
Negotiating Group on Rules Original:   English 
  
 
 
DRAFTING PROPOSALS ON ISSUES RELATING TO THE PHASING-IN OF THE 
AMENDMENTS TO THE ANTI-DUMPING AGREEMENT (ARTICLE 18.3 BIS  
AS PROPOSED BY THE CHAIR IN TN/RL/W/213) 
 
Communication from Norway
 
  
 The following communication, dated 16 April 2008,  is being circulated at the request of the 
Delegation of Norway.
1 
 
_______________ 
 
 
1. Introduction 
1. The issue of the phasing-in or entry in to force of the amendments to the Anti-Dumping 
Agreement  has been among the issues identified by Me mbers that must be  addressed in the 
negotiations.  This paper analyses the Chair's text  (TN/RL/W/213) on the above-mentioned issue as a 
contribution to the further negotiations in the Negotiating Group. 
2. Together with the comments and suggestions ma de in the Negotiating Group, they form the 
basis for the textual proposal set out below.  We su ggest that these amendments to the Chair's text be 
made so as to provide Members with a better basi s for further negotiations regarding these issues.  
3. This submission is without prejudice to the view s we may have on other parts of the Chair's 
text. 
2. The phasing in of the amendments 
4. Members have engaged in the negotiations under the DDA to address a number of short-
comings in the existing Anti-Dumping Agreement.   These short-comings have become apparent in 
respect of measures that have been in place or that are still in place. 
5. Members need clarity on when the new amendmen ts will enter into force, and how they will 
affect existing anti-dumping measures. 
6. After the Uruguay Round, a major flaw in the r esult was that certain Members could refuse to 
do sunset-reviews before the year 2000.  This led to the perpetuation of old anti-dumping measures,  
firstly  for 5 additional years.  Secondly, as certain Members just "rolled over" anti-dumping measures 
without doing a proper review, it had as a conseq uence that anti-dumping measures pre-dating the 
Uruguay Round still remain in place today. 
                                                      
1 This paper was submitted to the Negotiating Group as a room document in March 2008. TN/RL/W/229 
Page 2  
 
  7. The result of the DDA must bring ch anges to this situation, and en sure that an effective sunset 
provision immediately applies to pre-existing measures.  The mistake of the Uruguay Round must not be continued. 
8. It is, therefore extremely disappointing to see the proposal by the Chair, which reads: 
18.3 bis Subject to subparagraph 3.1 bis, the results of the DDA shall apply to 
investigations, and reviews of existing measures,  initiated pursuant to applications which have 
been made on or after the date of entry into for ce of those results or, where an investigation or 
review is initiated by the authorities without t hose authorities having received an application, 
the investigation or review was initiated on or after the date of entry into force of those 
results.  
 
 18.3.1 bis For the purpose of Article 11.3.5, anti- dumping measures in existence as of the 
date of entry into force of the results of the DDA shall be deemed to be imposed 
on that date.  
 
9. Although Article 18.3 bis makes the result of these negotiatio ns applicable to reviews of 
existing measures, Article 18.3.1 bis makes the new sunset provisions applicable only [5][8][10] years 
after the entry into force of the amended agreement. 
10. The consequence will be that certain anti-dumpi ng measures will have been in place for 20, 
30 or 40 years, or more, before the new provision kicks in.  This is not acceptable.  Any anti-dumping 
measure that has been in effect longer than the maximum period prescribed in Article 11.3 must be 
immediately terminated upon the entry into force of the DDA agreements.  Furthermore, for all other 
anti-dumping measures, the maximum period set forth in Article 11.3 shall take effect when the 
measure reaches that maximum, computed from the entry into force of the measure itself.  We 
therefore suggest the following modifications in the Chair's text: 
Amend Article 18.3. bis  of the Chair's text as follows:  
18.3 bis Subject to subparagraph 3.1 bis, Tthe results of the DDA shall apply to 
investigations, and reviews of existing measures,  initiated pursuant to applications which have 
been made on or after the date of entry into for ce of those results or, wh ere an investigation or 
review is initiated by the authorities without t hose authorities having received an application, 
the investigation or review was initiated on or after the date of entry into force of those results.  Any anti-dumping measure in existence as of the date of entry into force of the DDA, 
and that has been in effect longer than the ma ximum period prescribed in Article 11.3, shall 
be terminated immediately upon the entry into force of the results of the DDA.  For other 
existing anti-dumping measures, the maximum peri od in Article 11.3 shall be calculated from 
the entry into force of the measure itself.    
 
 18.3.1 bis For the purpose of Article  11.3.5, anti -dumping measures in existence as of the 
date of entry into force of the results of the DDA shall be deemed to be imposed 
on that date.  
 
__________