. /.   WORLD TRADE  
ORGANIZATION  TN/RL/W/239 
29 June 2009 
 (09-3145) 
Negotiating Group on Rules Original:   English 
  
 
QUESTIONS ON PROPOSAL BY ACP AND AFRICAN GROUP RELATING  
TO S&D TREATMENT UNDER THE ANTI-DUMPING  
AGREEMENT (TN/RL/GEN/154) 
 
Communication from ASEAN
 
 
  The following communication, dated 12 May 2009, is being circulated at the request of the Delegation of Indonesia, on behalf of ASEAN WTO Members.
1   
 
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  ASEAN thanks the ACP and African Groups  on their proposal contained in document 
TN/RL/GEN/154.  We thank the co-sponsors for hi ghlighting the importance of S&D for developing 
members in the context of anti-dumping.  We have  several questions regarding the proposal and 
would be grateful to the co-sponsors for their wr itten responses to our questions as these would help 
us better understand the proposal better.    
I. INITIATION OF INVESTIGATION 
• Regarding the chapeau, how will constructive reme dies be considered and implemented at the 
pre-initiation stage?   
 
• Regarding Article 15.1, will the co-sponsor s please elaborate the term "special 
circumstances"?   
 
• Regarding Article 15.1.1, on the first two bu llet points, how are Governments prevented from 
undertaking these functions as described in  these bullet points under the current 
AD agreement?  Is the intention to limit th e role of the Governments or provide some 
guidance to what possible roles the Governments could play?   
 
• On the third bullet point, why has an appa rent distinction been made between the 
investigating authority and the Government of the importing member?  Also, how is the 
provision contained under the third bullet point consistent with Article 5.6 of the Anti-
Dumping Agreement?   
 
• Regarding Article 15.1.2, which "customs admi nistration" would the first bullet point be 
referring to – that of the exporting Member or the importing Member?   
 
                                                     
 
1 The Association of Southeast Asian Nations cons ists of Brunei Darussalam, Cambodia, Indonesia, 
Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Th ailand, and Viet Nam.  Lao PDR is acceding to the 
WTO. TN/RL/W/239 
Page 2  
 
  • How does the proposed licensing system differ fro m the obligations set out under the existing 
WTO Agreement on Import Licensing?   
 
• How does the government ensure the confidentiality of information obtained under the 
surveillance system?   
 II. APPLICATION OF ANTI-DUMPING MEASURES 
• Regarding Article 15.2, what is the differen t between the sub-paragraphs of the second and 
third bullets?   
 
III. TECHNICAL ASSISTANCE  
• Instead of being included as legal provisions here in the AD agreement, could the ideas 
proposed be addressed in the overall Aid for Trade Framework?   
 
• As all developing members are entitled to national technical assistance provided for by 
the WTO, can such technical assistance that is  available under the current existing framework 
meet the specific requests listed in the proposal?   
  ASEAN looks forward to working with the ACP and African Groups, and all other WTO Members in strengthening the S&D provisions for developing members.   
 
  
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