. /.  WORLD TRADE  
ORGANIZATION  RESTRICTED 
G/ADP/AHG/R/25 
20 August 2009 
 (09-3966) 
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, 
8 MAY 2009 
 
Note by the Secretariat 
  1. The Working Group on Implementation ("the Group") met in informal session on 8 May 2009 
and started discussions concerning papers submitted by Egypt on one of the topics referred to it by the 
Committee on Anti-Dumping Practices ("the Committee") on May 2003
1 and another topic 
subsequently proposed by the European Communities2.  The Group adopted the agenda for the 
meeting, which was previously circulated as document WTO/AIR/3354, dated 24 April 2009. 
2. The Chairperson, Mr. Jorge Huerta Goldman (Mexico), noted that no papers had been 
submitted following the previous meeting of the Group until the circulation of the air gram convening 
this meeting.  He noted that, on 30 April, Egypt had submitted two papers e xplaining its views on two 
topics that were under discussion in the Group.  Although these submissions had not been made 
within the relevant deadline, the Chairper son invited Egypt to introduce its papers. 
3. Egypt's first paper, circulated in docum ent G/ADP/AHG/W/180, contained its views on the 
use of export prices to third countries and construc ted normal value under Article 2.2.  After Egypt 
explained its practice on this matter, several Members raised questions, mainly on:  the 
interrelationship between resorting to facts availabl e and the selection of the surrogate country;  the 
determination of the sufficiency of domestic sales;  the treatment of domestic sales below cost;  the 
similarity of the surrogate country to the exporting country subject to the investigation;  the criteria 
applied in the selection of the surrogate country;  and similarity of the products concerned.  Egypt 
provided preliminary answers to the questions.  Some Members indicated that they would come 
forward with further questions after an in-depth analysis of Egypt's paper. 
4. Egypt's second paper, circulated in doc ument G/ADP/AHG/W/181, contained Egypt's views 
on the determination of significant price undercutting under Article 3.2.  After Egypt introduced its 
paper explaining its practice in this regard, sev eral Members posed questions, mainly on:  the 
consideration of different models of the product concerned in the determination of significant price 
undercutting;  the time period on which the price unde rcutting determination is based;  whether price 
undercutting is determined on a country or company-specific basis; the representative number of transactions to be used in the calculation of price undercutting;  the determination of import prices for 
                                                      
1 The list of topics referred to the Working Group was circulated to Members in document 
G/ADP/W/433. 
2 The European Communities proposed three topics for discussion in the Group which were circulated 
in document G/ADP/AHG/W/176 dated 10 August 2007.  Subsequently, the Committee, at its regular meeting held on 22-23 October 2007, referred one of these topics, i.e. "How do Members determine whether there has 
been a significant price undercutting by the dumped impor ts?" - Article 3.2, for discussion to the Group and 
considered the other two topics to be already before the Group.  See, G/ADP/M/33, paras. 119-122. G/ADP/AHG/R/25 
Page 2  
 
  purposes of price undercutting determinations in situa tions where importers fail to cooperate with the 
investigating authorities;  whether the import price should be compared with a non-injurious price or 
actual domestic prices;  which level of trade should be used; what is meant by price sensitivity;  and 
the relevance of the extent of price depressi on or suppression to the determination of price 
undercutting.  Egypt presented prelimin ary answers to the questions posed. 
5. The Chairperson recalled that no paper ha d been submitted for discussion in the Group until 
the circulation of the air gram convening this meet ing.  He then referred to a paper submitted by 
Egypt subsequent to the circulation of the air gram in which new topics were proposed for discussion in the Group.  The Chairperson invited Egypt to introduce these new topics which had been circulated 
in document G/ADP/AHG/W/182.  Egypt proposed the following four topics:  Article 2.3 – 
constructed export price;  Article 3.5 – other known causes of injury; Article 3.7 – threat of material 
injury;  and Article 5.3 – accuracy and adequacy test.  There were no comments on the topics proposed by Egypt. 
6. The Chairperson noted that the following topics were under active discussion before the 
Group:  export prices to third countries or construc ted normal value – Article 2.2;  foreign exchange 
fluctuations – Article 2.4.1;  judicial, arbitral or administrative review – Article 13;  and determination 
of significant price undercutting by dumped imports – Article 3.2.  The Chairperson reminded Members that the Group could discuss any issue per tinent to the implementation of the Anti-Dumping 
Agreement in order to share experiences of diffe rent investigating authorities, without necessarily 
aiming at reaching a draft recommendation on every issue discussed.  He therefore urged Members to submit papers on the topics currently before the Group and/or to propose new topics for discussion.  
The Group agreed that its next meeting would take  place during the week of 2 November 2009, with 
the exact date to be communicated to Members in due course. 
 
 
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