./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/50
3 August 1998
(98-3053)
Committee on Anti-Dumping Practices
Ad Hoc Group on Implementation
LIST OF "ESSENTIAL FACTS" IDENTIFIED BY MEMBERS IN CONJUNCTION
WITH THE DISCLOSURE REQUIREMENT UNDER ARTICLE 6.9
Note by the Secretariat
At its meeting on 27-28 April 1998, the Ad Hoc Group on Implementation (the "Group")
asked the Secretariat to circulate a list of "essential facts" identified by Members in their submissions
under topic 7, referring to the required disclosure of essential facts under Article 6.9 of the Agreement
on Implementation of Article VI of GATT 1994.
The Secretariat has grouped facts identified by Members as "essential" under the headings
"dumping", "injury and causal link" and "other", and has attempted to consolidate facts identified in
more than one Members' submission to avoid repetition.
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DUMPING
1. Facts relating to like product, i.e. relating to  the choice of types/models selected for the
establishment of normal value, in particular where the interested party has contested such
selection;
2. facts relating to the sampling method, i.e. the just ification for doing so as well as for the choice of
firms selected;
3. facts relating to the calculation of normal value, including the reasons for using or not using
domestic prices, e.g. the results of "sufficient quantity" tests, the results of any "ordinary course of
trade tests", including methodology for calculating the per unit cost, the precise methodology for
calculating constructed normal values or prices to third countries;
4. the methodology and information used in calculating export prices, in particular if they have been
constructed, in which case disclosure should include information on resale prices in the country of
import and the deductions made to establish reliable export prices;
5. facts relating to fair comparison, including reasons for rejecting claims for adjustments, the
reasons for any deviation from the average-to-average rule and reasons for the choice of exchangerates;
6. facts concerning the source of the data for the normal value and export price;G/ADP/AHG/W/50
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7. facts relating to the selection of the period under investigation to determine the normal value and
the export price.
INJURY AND CAUSAL LINK
1. Facts relating to price and/or quantity effects of the dumped imports clearly indicating whether
one or both of these have been identified market structure;
2. facts concerning market structure;
3. facts relating to the determination of the like product and domestic industry;
4. facts relating to impact on the industry, indicating which economic indicators have been affected
by the price or quantity effects on the dumped imports and how they can be reasonably
established that such impact can be attributed to the dumped imports;
5. facts relating to factors other than the dumped imports and how any injury from such factors has
not been attributed to the dumped imports;
6. facts concerning the basis on which the figures used in the assessment of injury have been
calculated;
7. facts concerning domestic prices, production costs, productivity, stocks, exports, economic and
financial analysis, profit margins, installed capacity and utilisation thereof, imports, production,
sales, market share, apparent consumption, employment, etc., as well as all the economic factors
and indices relating to the domestic industry available to the investigation;
8. facts concerning types of economic tools or analysis used to evaluate causality and injury
(Granger Test, economic modelling and so forth);
9. facts concerning the methodology used for the determination of a causal link between the
allegedly dumped imports and injury to the domestic industry.
OTHER
1. Facts concerning standing;
2. general background information relating to the initiation of the investigation, description of the
product being investigated, interested parties, in vestigation procedures, the views and allegations
of interested parties;
3. facts concerning the level of duty which will eliminate injury.
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