. /.  WORLD TRADE  
ORGANIZATION  RESTRICTED 
G/ADP/AHG/R/29 
27 May 2011 
 (11-2675) 
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 
3 MAY 2011 
 
Note by the Secretariat 
  1. The Working Group on Implementation ("the Group") met in an informal session on 
3 May 2011 and held substantive discussions on two of the topics referred to it by the Committee on 
Anti-Dumping Practices, namely constructed export price and the adequacy and accuracy test.  The Group adopted the agenda for the meeting, which was previously circulated as document WTO/AIR/3735 dated 21 April 2011.   
2. The Chairperson, Mr. Adrian Serra (Argen tina), stated that the Group would discuss 
three papers:  two submitted by Egypt, one on cons tructed export price and one on the accuracy and 
adequacy test under Article 5.3 of the Anti-Dumpi ng Agreement, and one s ubmitted by Turkey also 
on the adequacy and accuracy test.  He noted that, at its previous meeting, the Group had started discussing Egypt's papers and that some Members had stated that th ey needed more time to study 
these papers and to come back with more comment s and questions.  Hence these papers were included 
on the agenda for this meeting. 
3. Egypt's paper on constructed export price,  circulated in document G/ADP/AHG/W/186, 
identified the legal framework in Egypt with respec t to the construction of export price and explained 
the Egyptian authorities' practice in this regard.  There were no comments or questions on this paper. 
4. Egypt's next paper, circulated in document G/ADP/AHG/W/187, explained the practice of the 
Egyptian investigating authorities with respect to th e adequacy and accuracy test under Article 5.3 of 
the Anti-Dumping Agreement.  One delegation asked a question on the precise roles of the 
Application Committee and the Investigating Team  in the context of the verification of the 
information submitted in an application.  The delegate of Egypt rep lied to this question. 
5. Next, the Group discussed the paper submitted by Turkey on the adequacy and accuracy test 
which was circulated in document G/ADP/AHG/W/188.  This paper first offered an analysis of how 
Article 5.3 should be interpreted in conjunction with the other provisions of the Anti-Dumping 
Agreement.  It then identified the relevant provisi ons of the Turkish legislation on the adequacy and 
accuracy test.  Further, it explained the practice of the Turkish investigating authorities on this matter.  
Among others, the paper underlined the fact that th e amount and quality of information needed at the 
application phase was not as high as the amount and qua lity of the information needed in order to 
impose provisional or definitive measures.  The presentation by the delegation of Turkey was 
followed by comments and a significant number of questions from other Members.  Questions 
primarily focussed on: in investigations where the normal value and export price were based on 
domestic prices, whether the applicants had to submit original invoices or whether copies thereof 
would suffice; whether internet prices could be accepted as evidence of normal value; whether it was G/ADP/AHG/R/29 
Page 2  
 
  necessary to verify injury  information prior to initiation; how the information on causal link submitted 
in the application was checked prior to initiation;  what the standing requirement was under Turkish 
law; whether Turkey applied a quantitative test to  judge the adequacy of the information in the 
application; what the Turkish authorities did in terms of reaching out to all domestic producers in 
cases where the domestic industry was fragmented;  how Turkey interpreted the phrase "as is 
reasonable available" under Article 5.2 of the Ag reement in connection with the requirement to 
submit original invoices; and whether the Turkish au thorities engaged in inform al consultations with 
the petitioners prior to initiation.  The dele gation of Turkey replied to these questions. 
6. 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 undercuttin g 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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