. /.  WORLD TRADE  
ORGANIZATION  RESTRICTED 
G/ADP/AHG/R/30 
14 November 2011 
 (11-5843) 
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 
24 OCTOBER 2011 
 
Note by the Secretariat 
  1. The Working Group on Implementation ("the Group") met in an informal session on 
24 October 2011 and held s ubstantive discussions on four of the topics referred to it by the Committee 
on Anti-Dumping Practices, namely "constructed e xport price", "other known causes of injury", 
"accuracy and adequacy test" and "sunset reviews" .  The Group adopted the agenda for the meeting, 
which had been circulated as document WTO/AIR/3824 dated 14 October 2011.   
2. The Chairperson, Mr. Subhas Gujadhur (Maur itius), stated that the Group would discuss 
six papers:  One on "Article 2.3- constructed e xport price" submitted by South Africa;  one on 
"Article 3.5-other known causes of injury" submitted by  Colombia;  two on "Article 5.3- accuracy and 
adequacy test" submitted by South Africa and Colomb ia;  and two on "Article 11.3-sunset reviews" 
submitted by Pakistan and Colombia.  He noted that Colombia's papers on "other known causes of 
injury" and "sunset reviews" had only been circul ated in the three WTO working languages on the day 
of the meeting.  For this reason, the Chairman stated that the Group would only have preliminary 
discussions on these two papers at this meeting and w ould revert to them at its Spring 2012 meeting. 
3. The first paper in the agenda was South Africa's  paper on constructed export price, circulated 
in document G/ADP/AHG/W/190.  This paper identi fied the legal framework in South Africa with 
respect to the construction of export price and explai ned the South African authorities' practice in this 
regard.  The presentation by the delegate of Sout h Africa was followed by comments and a significant 
number of questions from other Members.  Questions  primarily focussed on:  construction of export 
price in sunset reviews where exports have ceased  following the imposition of the duty; determination 
of reasonable profits;  determinati on of the reliability of the export price;  and the determination of 
"related party".  The delegate of Sout h Africa provided replies to these questions. 
4. The second agenda item was Colombia's paper on other known causes of injury, circulated in 
document G/ADP/AHG/W/194, which explained Colombia 's legislation and practice with respect to 
the treatment of other known causes of injury in  the context of causation determinations.  The 
presentation by the delegate of Colombia was fo llowed by questions, mainly on:  collection of 
information pertaining to technolog y and productivity;  impact of th e financial crisis on causality 
determinations;  national interest test; and price el asticity.  The delegate of Colombia provided replies 
to these questions. 
5. The third paper had been submitted by South A frica in relation to the accuracy and adequacy 
test.  Circulated in document G/ADP/AHG/W/189,  the paper identified the legal framework and 
explained the practice in South Africa with respect to  the investigating author ities' determinations on 
the accuracy and adequacy of the information provide d in a complaint.  Following the presentation by G/ADP/AHG/R/30 
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  the delegate of South Africa, Members asked questio ns, focussing mainly on:  amount of time that the 
accuracy and adequacy test took;  whether this test was applied with respect to all petitioners;  how 
the accuracy and adequacy of the nor mal value information was checked;  verification of industry data 
prior to initiation;  time-frame for the conduct of the accuracy and adequacy test;  and checking the 
accuracy and adequacy of information on standing.  The delegate of South Africa provided replies to 
these questions. 
6. The fourth paper, submitted by Colombia and circulated in document G/ADP/AHG/W/192, 
also concerned the accuracy and adequacy test and e xplained Colombia's practice in this regard.  The 
presentation by the delegate of Colombia was followed by questions from Members, mainly 
concentrating on:  the relation between the accuracy and adequacy test and the obligation set forth in 
Article 5.5 of the Anti-Dumping Agreement;  veri fication of total production in investigations 
involving fragmented industries;  whether the i nvestigating authorities worked with potential 
applicants prior to initiation;  types of informati on provided in the applicati on with respect to export 
price;  whether the authorities could order the pr oduction of evidence from interested parties;  and 
difficulties faced by small domestic producers in obtaini ng normal value information.  The delegate of 
Colombia provided replies to these questions. 
7. The fifth paper, submitted by Pakistan a nd circulated in document G/ADP/AHG/W/191, 
explained Pakistan's legislation and practice with respect to sunset reviews.  The presentation by the delegate of Pakistan was followed by questions from Members, focussing primarily on:  standing;  
margin calculations in sunset reviews;  duration of measures;  revision of duty rates;  calculation of 
margins where exports stopped after imposition of the duty;  period of review for likelihood 
determinations;  and whether domestic producers ha d to quantify injury data.  The delegate of 
Pakistan provided replies to these questions. 
8. The sixth and last paper discussed was the one  submitted by Colombia on sunset reviews 
which had been circulated in document G/ADP /AHG/W/193 and which explained Colombia's law 
and practice with respect to sunset reviews.  The delegate of Colombia presented their paper.  No 
Member took the floor to make comments or ask questions about this paper. 
9. The Chairman encouraged other Members to subm it papers on any of the nine issues that 
were before the Group for discussion.  Those nine i ssues were:  (1) Article 2.2 - export prices to third 
countries or constructed normal value;  (2) Artic le 2.4.1 - foreign exchange fluctuations;  
(3) Article 13 - judicial, arbitral or administrativ e review;  (4) "How do Members determine whether 
there has been a significant price undercutting by the dumped imports?  – Article 3.2";  
(5) Article 2.3 – constructed export price;  (6 ) Article 3.5 – other known causes of injury;  
(7) Article 3.7 – threat of material injury;  (8 ) Article 5.3 – accuracy and adequacy test;  and 
(9) Article 11.3 – sunset reviews. 
 
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