GENERAL AGREEMENT ON 24 October 1986 TARIFFS AND TRADE

Transcription

1 RTRICTED ADP/W/130 GENERAL AGREEMENT ON 24 October 1986 TARIFFS AND TRA Special Distribution Committee on Anti-Dumping Practices DRAFT REPORT (1986) PRENTED TO THE CONTRACTING PARTI THEIR FORTY-COND SSION I. Organization of the work of the Committee 1. The Agreement on Implementation of Article VI of the General Agreement entered into force on 1 January On 1 November 1986 the following were the Parties to the Agreement: Australia, Austria, Brazil, Canada, Czechslovakia, Egypt, the EEC, Finland, Hong Kong, Hungary, India, Japan, Korea, Norway, Pakistan, Poland, Romania, Singapore, Spain, Sweden, Switzerland, the United States and Yugoslavia. 2. The Parties to the Agreement are ipso facto members of the Committee on Anti-Dumping Practices established under the Agreement. During the period under review, the Committee has held two meetings: 23 April ADP/M/ October ADP/M/18 3. Twenty-six contracting parties and three non-contracting parties have observer status. Furthermore, representatives of the IMF and of UNCTAD have attended meetings of the Committee in an observer capacity. II. National legislation and implementing regulations (Article 16:6) 4. As of 1 November 1986 eighteen Parties have submitted their legislation concerning anti-dumping procedures or made communications in this respect to the Committee (ADP/l/and addenda). Four Parties have not, as yet, made formal notifications to the Committee under Article 16:6 of the Agreement. Some of those Parties made oral statements to the effect that their national legislation did not contain any provisions on the imposition of anti-dumping duties which would be in conflict with the Agreement. 5. During the period under review the Committee examined the anti-dumping laws and/or regulations of Austria (ADP/l/Add.10/Rev.1), Australia (ADP/l/Add.18/Rev.1 and ADP/W/92/Rev.1), Canada (ADP/l/Add.6/Rev.1), India (ADP/l/Add.25), Korea (ADP/l/Add.13/Rev.1), Pakistan (ADP/l/Add.24), Sweden (ADP/l/Add.2/Suppl.1) and the United States (ADP/l/Add.3/Rev.2 and Corr.1). ¹Korea accepted the Agreement on 24 February On 26 March 1986 the Agreement entered into force for Korea

2 ADP/W/130 Page 2 The Committee also examined an amendment to the anti-dumping law of Finland (ADP/l/Add.5/Suppl.2). Singapore informed the Committee that it is revising its anti-dumping law. 6. Some Parties drew the Committee's attention to certain provisions in the anti-dumping laws and/or regulations of some other Parties which they considered were inconsistent with the Agreement and urged those Parties to ensure the full conformity of their legislation with the Agreement. It was agreed that Parties to which comments concerning their legislation were addressed would consider them. Some Parties reserved their right to revert to particular aspects of the national anti-dumping laws and/or regulations at a later stage or in the light of the application of such laws and/or regulations in particular cases. The Committee therefore agreed to maintain on its agenda the examination of national legislations already submitted and those which will be submitted in the future. 7. At its meeting of 21 and 24 October 1985 the Committee requested the secretariat to compile an inventory of procedures for review and revocation of anti-dumping measures in the anti-dumping laws and regulations of Parties to the Agreement. This inventory, circulated in document ADP/W/106 and Corr.1 and 2, was considered by the Committee at its meeting of 23 April III. Semi-annual reports on anti-dumping actions 8. Article 14:4 of the Agreement provides that the Parties shall submit, on a semi-annual basis, reports of any anti-dumping action taken within the preceding six months. During the period under review, the following reports have been submitted and circulated to the Committee: (a) reports for the period 1 July December 1985 have been circulated in addenda to ADP/26. The following Parties notified the Committee that they had not taken any anti-dumping action during that period: Austria, Brazil, Czechoslovakia, Egypt, Finland, Hungary, India, Japan, Norway, Pakistan, Poland, Romania, Singapore, Spain, Switzerland, the United Kingdom on behalf of Hong Kong, and Yugoslavia (Add.1). Anti-dumping actions have been notified by Australia (Add.5 and Corr.1), Canada (Add.2 and Corr.1, the EEC (Add.4), Sweden (Add.3) and the United States (Add.6). (b) reports for the period 1 January June 1986 have been circulated in addenda to ADP/30. The following Parties notified the Committee that they had not taken any anti-dumping action during that period: Brazil, Czechoslovakia, Egypt, Hong Kong, India, Japan, Norway, Pakistan, Poland, Singapore, Sweden, Switzerland, and Yugoslavia. Anti-dumping actions taken during this period have been notified by Australia (Add.4), Canada (Add.2), the EEC (Add.6), Korea (Add.3) and the United States (Add.5). [No reports for this period have been received from Finland, Romania and Spain.] The Committee has examined these reports. A number of comments on particular cases were made and explanations given. A table summarizing the cases where investigations have been opened and provisional or final actions taken during the period 1 July June 1986 is reproduced in the Annex. 9. At its meeting held in October 1986 the Committee considered [and adopted] a proposal for a revised standard format for the semi-annual reports.

3 IV. Reports on all preliminary or final anti-dumping actions ADP/W/130 Page Notifications under these procedures have been received from Australia, Canada, the EEC, Sweden and the United States (ADP/W/105, 109, 111, 112, 113, 114, 116, 123, 125, and Corr.1 and 127 and Add.1) V. Ad-Hoc Group on the Implementation of the Anti-Dumping Code 11. At its meetings in April and October 1986 the Ad-Hoc Group discussed the following issues: constructed value, cumulative injury assessment, the use of price undertakings in anti-dumping proceedings involving imports from developing countries, revision and termination of undertakings. At its meeting in October 1986 the Group also reverted to the issue of definition of sale. At its meeting of 8 May 1984 the Committee had requested the Group to examine this issue and prepare a draft recommendation, at the latest by the end of However, in spite of continuous efforts the Group had been unable to fulfill this mandate. Informal consultations had revealed some of the complexities of this issue and it was therefore considered that a generally acceptable solution could be expected only after further and extended work. 12. At its meetings held in April and October 1986 the Committee had before it a draft recommendation, submitted by the Ad-Hoc Group, on the issue of input dumping (ADP/W/83/Rev.2). The Committee was unable to reach agreement on this draft recommendation and agreed to revert to this matter at a later stage.

4 I I ANNEX Summaryof Anti-Dumping Actions - 1 July June 1986 country period No. Initiation No. Provisional measures No. Definitive duties anti-dumping Price undertaking Outstanding No. actions (z) (7) JP(8) NZ(3) (6) IE KR(6) PH (2) (6) Is MY SU ZA DK GB(2) (3) QA TH(2) 25 KR(3) (3) IS MY (2) TH(2) PH (2) 15 SC ZA HK KR (2) 3 (2) 167 I! I NZ(2) JP 171. I I I Australia (4) (3) TR ZA(2) BE(3) (2) GB(6) KR(4) (4) (2) (2) HK NL(2) (S) IL NZ(2) TH 32 BE GB KR YU (2) DK HK NZ(3) SU ZA(2) (4) (2) JP(3) QA 20 PH (2) DK IL SC TH AR GB(3) KR(3) HK(2) MX (10) (2) (2) (2) JP(5) 31 JP(5) (7) GB(3) HK(2) MX (7) 16 UK(2) (2) JP(3) (4) GB 1 Us Canada AR CL KR(4) (5) GB BE(2) (2) 1w 23 AR(2) CL Jp KR(4) (2) CB BE 25 AR(2) MX (3) BE (2) (2) GB(3).I us

5 Price undertakings (2) (2) (4) YU CH (2) (3) JP Outstanding anti-dumping actions * ADP/W/130 Page5 ANNEX (Cont'd) country period No. Initiation Provisional measures No. Definitive duties No. No. European 2 Community (5) (4) YU(7) (2) (3) (2) ((2) (3) JP(4) CH JP(4) KR (2) Us (3) YU(4) 11 6 (2) JP(4) 7 7 JP(3) CH 1 CH Finland Korea I 1 Spain Sweden

6 initiation Outstanding Initiation Provisional measures Definitive duties Price undertakings Outstanding country period anti-dumping No. No. Countries Involved No. No. actions ANNEX (Cont'd) l AR(2) (2) (7) (6) 37 AR(3) AU (4) 13 AR (2) (2) (2) (2) (3) (3) (4) (2) (2) (2) HK (2) JP(4) MX JP(3) KR IN JP(3) KR(6) No (3) (2) SU NX(1) NL HZ VE(2) (4) PT (2) TH T1(3) VE(5) ZA AR BE (6) (3) 43 AR (5) (3) 25 AR (2) (3) (3) CL CO CR (6) GB HK IN(2) (3) RK IN(2) EC (3) PR(2) GB(2) IR JP(4) KR(3) MX JP(4) NZ KR(3) IN IL IR II(4) NZ PH PT TH (2) TR Jp(6) KE KR(3). HX(3) TH (5) TR ZA PE PH PT ZA SV TR (7) VE 1 Countries or customs territories. The abbreviations used are those adopted by the ISO. AR=Argentina, -Austria, Al-Australia, BE=Belgium, =Brazil, =Canada, CH=Switzerland, CL-Chile, CO=Colombia, -China, CR=Costa Rica, =Czechoslovakia, =German, Dem.Rep., =Fed.Rep. of Germany, D=Dominican Republic, EC=Equador, =Spain, =Finland, =France, CB=United Kingdom, GR=Greece, HK=Hong Kong, =Hungary, ID=Indonesia, IE=Ireland, IL=Israel, IN=India, IR=Iran, =Italy, JP-Japan, KE=Kenya, KR=Korea, LK=Sri Lanka, LU=Luxembourg, MY=Malaysia, MX-Mexico, NL=Netherlands, =Norway, NZ=New Zealand, PA=Panama, PE=Peru, =Poland, PH-Pilippines, PT=Portugal, QA=Qatar, =Romania, =Sweden, =Singapore, SU=SR, SV-El Salvador, TH=Thailand, TRlrurkey, TTI--rinidad & Tobago, -Taiwan, =United States, VE=Venezuela, YU-Yugoslavia, ZA=South Africa. ² Actions taken with respect to the Parties only. Not including outstanding anti-dumping actions maintained by member States. Note: Numbers in brackets indicate the number of products subject to anti-dumping actions. Page ADP/W/130 6 cm 5 to w 0