. /.  WORLD TRADE  
ORGANIZATION  RESTRICTED 
G/ADP/AHG/R/27 
30 April 2010 
 (10-2379) 
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 
28 APRIL 2010 
 
Note by the Secretariat 
  1. The Working Group on Implementation ("the Group") met in an informal session on 
28 April 2010 and held substantive discussions on one of the topics referred to it by the Committee on 
Anti-Dumping Practices.  The Group adopted the ag enda for the meeting, which was previously 
circulated as document WTO/AIR/3542 dated 16 April 2010.   
2. The Chairperson, Mr. Adrian Serra (Argentina) , noted that the Group would discuss the paper 
submitted by Korea on sunset reviews.   
3. The paper submitted by Korea, circulated in document G/ADP/AHG/W/184, explained the 
legal framework for sunset reviews under Korean la w and Korea's practice in such reviews, with 
regard notably to the determination of the like lihood of continuation or recurrence of dumping and 
injury.  The paper also touched upon the importance of  transparency in sunset reviews given that the 
Anti-Dumping Agreement only contained a few guide lines regarding these reviews.  In addition to 
laying out the complexities pertaining to different as pects of sunset reviews, Korea's paper identified 
two specific questions for discussion in the Group.  The first question concerned the calculation of 
dumping margins in sunset reviews.  In this rega rd, that paper invited Members to explain whether 
they calculated new margins in the context of sunset  reviews and if so whether they applied the same 
methodology in the calculation of margins in sunset re views and those in original investigations.  The 
second question related to the basis for the likelihood dete rminations in sunset reviews.  On this issue, 
the paper asked to what extent the investigating authorities relied on past data in their likelihood 
determinations in sunset reviews and whether th e use of such data was compatible with the 
prospective nature of su ch determinations.   
4. The presentation by the Korean delegate was followed by comments and questions from many 
Members.  Some Members explained the similarities and differences between their practice and Korea's with respect to the conduct of sunset review s.  Questions mainly focussed on:  whether the 
investigating authorities had to calculate new dum ping margins in sunset reviews; the methodologies 
used for the calculation of dumping margins in sun set reviews;  whether the Korean investigating 
authority made adjustments in the context of dumpi ng margin calculations in sunset reviews;  the 
consequences of there being an important diffe rence between dumping margins calculated in the 
original investigation and those cal culated in the sunset review pertaining to the same measure;  how 
frequently exporters replied to questionnaires sent in  the context of sunset reviews;  calculation of 
dumping margins on the basis of facts available in sunset reviews where the exporters fail to 
cooperate with the investigating authority;  whethe r the margins calculated in a sunset review would 
change the level of the duty that w ould continue to apply;  ways to calculate the margin of dumping in 
sunset reviews where, after the imposition of the measure, dumped imports stop or drop significantly;  G/ADP/AHG/R/27 
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  whether the exporters' prices to third country mark ets could be taken into  consideration in the 
calculation of dumping margins in sunset reviews;  factual basis of likelihood determinations;  how to 
conduct a likelihood analysis on the basis of past  data;  and time-period used for likelihood 
determinations.   
5. Korea replied to most of the questions and de ferred a few to allow its experts in capital to 
respond.  A number of Members indicated that they did not have enough time to fully analyze Korea's 
paper and that they would come back with more comments and questions at the next meeting.   
6. Taking this into consideration, the Chairman st ated that Korea's paper would appear in the 
agenda of the Group's Autumn meeting.  He also encouraged other Members to submit papers on any 
of the nine issues that were before the Group for disc ussion.  Given that five of these topics had been 
referred to the Group at the previous meeting of the Committee on Anti-Dumping Practices, he 
suggested to focus on deepening discussions on the current topics before suggesting new ones.   
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