RESTRICTED
GENERAL AGREEMENT
L/765414 November 1995
ON TARIFFS AND TRADE
Limited Distribution(95-3547)
REPORT (1995) OF THE COMMITTEE ON
ANTI-DUMPING PRACTICES
I. Organization of the work of the Committee
1. The Agreement on Implementation of Article VI of the General Agreement of Tariffs and Trade (hereinafter "the Agreement") entered into force on 1 January 1980. On 30 October 1995, the Parties to this Agreement were: Argentina, Australia, Austria, Brazil, Canada, Colombia, Czech Republic, Egypt, European Community, Finland, Hong Kong, Hungary, India, Japan, Korea, Mexico, New Zealand, Norway, Pakistan, Poland, Romania, Singapore, Slovak Republic, Slovenia, Sweden, and Switzerland. For Slovenia, the Agreement entered into force on 7 December 1994. The Parties to the Agreement are ipso facto members of the Committee on Anti-Dumping Practices established under the Agreement.
2. The United States communicated its intention to withdraw from the Agreement on 30 December 1994, effective upon the expiration of 60 days from that date, i.e., on 28 February 1995 (ADP/133).
3. Twenty-four contracting parties and five non-contracting parties had observer status in the Committee as of 30 October 1995. Three international organizations (IMF, OECD, and UNCTAD) have attended meetings of the Committee in an observer capacity.
4. During the period under review (November 1994-October 1995) the Committee held four meetings. Regular meetings of the Committee were held on 12 June 1995 and 30 October 1995 (ADP/M/49 and 50 respectively). Special meetings of the Committee were held on 8 December 1994 and 21 February 1995 (ADP/M/47 and 48 respectively).
II. Issues related to entry into force of the WTO Agreements
5. At its special meeting held on 8 December 1994, the Committee adopted two decisions proposed by the Preparatory Committee for the World Trade Organization.
(a) The decision on Transitional Co-Existence of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade and the Marrakesh Agreement Establishing the World Trade Organization (ADP/131), provides for the termination of the Agreement one year after entry into force of the WTO Agreement, unless in light of unforeseen circumstances, the Parties decide to postpone the date of termination by no more than one year, and establishes transitional provisions for dispute settlement during the two year period following entry into force of the WTO Agreement.
(b) The Decision on Consequences of Withdrawal from or Termination of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (ADP/132) provides that, in the event of withdrawal from or termination of the Agreement, the Agreement shall continue to apply with respect to any anti-dumping investigation or review which is not subject to application of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 pursuant to the terms of Article 18:3 of that Agreement, Parties that withdraw from the Agreement shall remain Members of the Committee on Anti-Dumping Practices exclusively for the purpose of dealing with any dispute arising out of any such anti-dumping investigation or review, and further provides that the Committee shall remain in operation for two years from the date of entry into force of the WTO Agreement exclusively for the purpose of dealing with any such dispute.
6. At its special meeting of 21 February 1995, the Committee adopted a decision on Avoidance of Procedural and Institutional Duplication (ADP/135), which provides for coordination of notification procedures and meetings between the Committee and the WTO Committee on Anti-dumping Practices.
7. At its regular meeting of 30 October 1995, the Committee considered issues relating to the derestriction of documents after the termination of the Agreement, including the status of ADP/W and ADP/M documents and of main series ADP documents not yet derestricted. The Committee decided to derestrict documents in the ADP/W and ADP/M document series in accordance with the normal derestriction procedures applicable to main series ADP documents. The Secretariat would issue a list of restricted documents in those document series, Parties would be given an opportunity to object to derestriction of any document or any part of any document by a specified date, and in the absence of objection, the documents would be derestricted. The Committee did not reach any decision on derestriction of unadopted Panel Reports, which would therefore continue to be treated as restricted documents and not subject to the normal derestriction process.
8. At its regular meeting of 30 October 1995, the Committee decided that this would be its last regular meeting. The Committee further decided that, should there be future meetings of the Committee for the purpose of dealing with any dispute arising out of any anti-dumping investigation or review not subject to the WTO Agreement on Anti-Dumping Practices, the Chairman of the WTO Committee on Anti-Dumping Practices would chair such meetings. If the Chairman is not from a Party to the Agreement, the Vice-Chairman of the WTO Committee would chair the meeting. If neither the Chairman or Vice-Chairman of the WTO Committee is available, or in the event neither is from a Party to the Agreement, the Committee would elect a Chairman at the meeting in question.
III. Notification and examination of anti-dumping laws and/or regulations of Parties to the Agreement
9. As of 30 October 1995, twenty-four Parties and Observers to the Agreement had notified the Committee of their domestic anti-dumping legislation or made communications in this respect to the Committee (ADP/1 and addenda).
10. Recognizing that notification of legislation was required under the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, and that a process for the review of legislations and regulations was planned in the WTO Committee on Anti-Dumping Practices, the Committee at its regular meeting of 12 June 1995 decided not to repeat that review process in the Committee. As a consequence, no legislations were discussed by the Committee during the period under review.
IV. Semi-annual reports on anti-dumping actions taken by Parties to the Agreement
11. Article 14:4 of the Agreement provides that Parties shall submit, on a semi-annual basis, reports on anti-dumping duty actions taken within the preceding six months. Some Observers to the Committee also submitted their semi-annual reports for this period. Pursuant to a decision of the Committee taken at its 21 February 1995 meeting (ADP/135), semi-annual reports submitted to the WTO Committee on Anti-Dumping Practices for the period 1 July to 31 December 1994 and subsequent periods would be deemed submitted to the Committee.
12. The following Parties and Observers informed the Committee that during the period 1 July through 31 December 1994 they had not taken any anti-dumping actions (ADP/134/Add.1/Rev.2): Austria, Cuba (Observer), Czech Republic, Egypt, Finland, Ghana (Observer), Hong Kong, Hungary, Indonesia (Observer), Israel (Observer), Malaysia (Observer), Malta (Observer), Nicaragua (Observer), Norway, Pakistan, Poland, Romania, the Slovak Republic, Slovenia, Sri Lanka (Observer), Sweden, Switzerland, Tanzania (Observer), Trinidad & Tobago (Observer), and Uruguay (Observer).
13. Anti-dumping actions taken during the period 1 July through 31 December 1994 were notified by Argentina, Australia, Brazil, Canada, Chile (Observer), Colombia, European Community, India, Japan, Korea, Mexico, New Zealand, Peru (Observer), Singapore, South Africa (Observer), Thailand (Observer), Turkey (Observer), and the United States (ADP/134 and addenda).
14. The following Parties and observers informed the Committee that during the period 1 January-30 June 1995 that they had not taken any anti-dumping actions. The final list will be published in document ADP/138/Add.1: Cuba (Observer), Czech Republic, Egypt, Hong Kong, Hungary, Malaysia (Observer), Malta (Observer), Norway, Poland, Romania, Slovak Republic, Slovenia, Switzerland, Tanzania (Observer), and Uruguay (Observer).
15. Anti-dumping actions taken during the period 1 January-30 June 1995 were notified by Argentina, Australia, Brazil, Canada, Chile (Observer), Colombia, European Community, India, Japan, Korea, Mexico, New Zealand, Peru (Observer), Singapore, Thailand (Observer), Turkey (Observer), and the United States* (ADP/138 and addenda).
16. No reports were received from Austria**, Finland**, Pakistan, and Sweden.**
17. The Committee has examined the reports circulated in addenda to ADP/134 and 138 and the comments of Parties are reflected in the minutes. A Table summarising anti-dumping actions taken by the Parties to the Agreement during the period 1 July 1994-30 June 1995 is reproduced in the annex to this report.
V. Reports on all preliminary or final anti-dumping actions
18. Copies of notices of preliminary and final actions taken in anti-dumping investigations were received from Australia, Canada, the European Communities, Japan, Korea, Mexico, New Zealand, Peru (Observer), Singapore, Turkey (Observer) and the United States*. (ADP/W/378, 380, 382, 384, 385, 386 and Corr.1, 387, 388, and ADP/139).
VI. Dispute Settlement Proceedings
19. During the period under review, the following developments took place in disputes referred to the Committee under the dispute settlement provisions of Article 15 of the Agreement.
(i) Report of the Panel - EC - Imposition of Anti-Dumping duties on imports of Cotton Yarn from Brazil
20. The Report of the Panel (ADP/137) was circulated to the Committee in July 1995 and was considered by the Committee at its regular meeting of 30 October 1995. The Report was adopted by the Committee.
(ii) Report of the Panel - European Community - Anti-dumping duties on audio cassettes originating in Japan
21. The Report of the Panel (ADP/136 and Corr.1) was circulated to the Committee in April 1995 and was considered by the Committee at its regular meetings of 12 June and 30 October 1995. This Report remains before the Committee.
(iii) Report of the Panel - United States - Anti-dumping duties on imports of stainless steel plate from Sweden
22. The Report of the Panel (ADP/117 and Corr.1) was circulated to the Committee in February 1994 and was considered by the Committee at its regular meetings of 12 June and 30 October 1995. This Report remains before the Committee.
(iv) Report of the Panel - United States - Anti-dumping duties on imports of gray portland cement and cement clinker from Mexico
23. The Report of the Panel (ADP/82) was circulated to the Committee in September 1992 and was considered by the Committee at its regular meetings of 12 June and 30 October 1995. This Report remains before the Committee.
(v) Report of the Panel - United States - Imposition of anti-dumping duties on imports of seamless stainless steel hollow products from Sweden
24. The Report of the Panel (ADP/47) was circulated to the Committee in August 1990 and was considered by the Committee at its regular meetings of 12 June and 30 October 1995. This Report remains before the Committee.
(vi) Other cases
25. At its regular meeting in June 1995, the Chairman reported that the parties to the dispute involving Canada's imposition of anti-dumping duties on imports of beer from the United States had finalized a mutually satisfactory agreement. The Chairman of the Panel considering the dispute had indicated that the parties wished to terminate the proceedings without circulation of the Panel's Report, and the Panel considered its work concluded.
VII. Other matters discussed by the Committee
26. The Committee discussed the following specific anti-dumping actions taken by the Parties to the Agreement:
(i) European Community: Anti-dumping investigation of imports of 3.5 inch magnetic disks from Hong Kong.
(ii) European Community: Anti-dumping investigation of imports of soda ash from the United States.
(iii) European Community: Sunset review of anti-dumping order on imports of plain paper copiers from Japan.
ANNEX
Summary of Anti-Dumping Actions
(1 July 1994-30 June 1995)
| Initiation |
Provisional Measures (negative preliminary determinations not included) |
Definitive Duties (negative determinations not included) |
Price Undertakings |
Measures in force on 30 June 1995 (definitive duties and price undertakings) |
||||||||||||
|
No. |
Countries involved |
No. |
Countries involved |
No. |
Countries involved |
No. |
Countries involved |
|||||||||
|
ARGENTINA |
||||||||||||||||
|
6 |
BRA(1) |
CHN(2) |
CHT(1) |
6 |
CHN(3) |
CHT(1) |
KOR(1) |
6 |
CHN(1) |
CHT(1) |
JPN(1) |
2 |
ESP(1) |
USA(1) |
3 |
|
|
DEU(1) |
KOR(1) |
PRY(1) |
KOR(2) |
PRY(1) |
||||||||||||
|
AUSTRALIA |
||||||||||||||||
|
6 |
CHN(2) |
IDN(1) |
ITA(2) |
5 |
BRA(1) |
CHN(2) |
HKG(1) |
2 |
BRA(1) |
SGP(1) |
1 |
USA(1) |
86 |
|||
|
ZAF(1) |
THA(1) |
|||||||||||||||
|
BRAZIL |
||||||||||||||||
|
12 |
BIH(1) |
CHN(2) |
ESP(1) |
2 |
CHN(1) |
IND(1) |
0 |
0 |
18 |
|||||||
|
HRV(1) |
MKD(1) |
RUS(1) |
||||||||||||||
|
SVN(1) |
UKR(1) |
USA(2) |
||||||||||||||
|
YUG(1) |
||||||||||||||||
|
CANADA |
||||||||||||||||
|
9 |
DEU(1) |
DNK(1) |
GBR(1) |
2 |
USA(2) |
13 |
AUS(1) |
BRA(1) |
DEU(1) |
1 |
USA(1) |
91 |
||||
|
KOR(1) |
NLD(1) |
USA(4) |
ESP(1) |
FRA(1) |
GBR(1) |
|||||||||||
|
IND(1) |
JPN(1) |
KOR(1) |
||||||||||||||
|
NZL(1) |
SWE(1) |
USA(2) |
||||||||||||||
|
CHILE (Observer) |
||||||||||||||||
|
2 |
ARG(1) |
CHN(1) |
2 |
ARG(1) |
CHN(1) |
3 |
ARG(1) |
CHN(1) |
VEN(1) |
0 |
2 |
|||||
|
COLOMBIA |
||||||||||||||||
|
1 |
VNM(1) |
0 |
2 |
USA(2) |
0 |
6 |
||||||||||
|
EUROPEAN COMMUNITY |
||||||||||||||||
|
37 |
BLR(1) |
CAN(1) |
CHN(3) |
15 |
BRA(1) |
BGR(1) |
CHN(4) |
21 |
BGR(1) |
BRA(1) |
CHN(6) |
1 |
BGR(1) |
178 |
||
|
IND(2) |
IDN(5) |
JPN(4) |
KOR(1) |
MYS(1) |
POL(1) |
HKG(1) |
KOR(2) |
MYS(1) |
||||||||
|
KAZ(1) |
KOR(3) |
MAC(1) |
RUS(1) |
SGP(1) |
THA(1) |
POL(2) |
RUS(4) |
SGP(1) |
||||||||
|
MEX(2) |
MYS(2) |
PHL(1) |
UKR(1) |
USA(1) |
ZAF(1) |
THA(1) |
UKR(1) |
|||||||||
|
POL(1) |
RUS(1) |
SGP(1) |
||||||||||||||
|
THA(5) |
UKR(1) |
UZB(1) |
||||||||||||||
|
USA(1) |
||||||||||||||||
|
INDIA |
||||||||||||||||
|
9 |
BRA(1) |
CHN(3) |
JPN(1) |
3 |
CHN(3) |
0 |
0 |
5 |
||||||||
|
KAZ(1) |
RUS(2) |
UKR(1) |
||||||||||||||
|
JAPAN |
||||||||||||||||
|
0 |
0 |
0 |
0 |
2 |
||||||||||||
|
KOREA |
||||||||||||||||
|
3 |
CHN(1) |
KAZ(1) |
UZB(1) |
7 |
BEL(1) |
CHN(2) |
FRA(1) |
3 |
CHT(1) |
JPN(1) |
USA(1) |
0 |
6 |
|||
|
KAZ(1) |
USA(1) |
UZB(1) |
||||||||||||||
|
MEXICO |
||||||||||||||||
|
18 |
ARM(1) |
AZE(1) |
BLR(1) |
19 |
ARM(1) |
AZE(1) |
BLR(1) |
15 |
BRA(1) |
CHN(11) |
USA(3) |
0 |
42 |
|||
|
BRA(2) |
EST(1) |
GEO(1) |
CHN(1) |
DEU(1) |
EST(1) |
|||||||||||
|
IND(1) |
KAZ(1) |
KGZ(1) |
GEO(1) |
IND(1) |
JPN(1) |
|||||||||||
|
LTU(1) |
LVA(1) |
MDA(1) |
KAZ(1) |
KGZ(1) |
LTU(1) |
|||||||||||
|
RUS(1) |
TKM(1) |
TJK(1) |
LVA(1) |
MDA(1) |
RUS(1) |
|||||||||||
|
UKR(1) |
UZB(1) |
TJK(1) |
TKM(1) |
UKR(1) |
||||||||||||
|
USA(1) |
UZB(1) |
|||||||||||||||
|
NEW ZEALAND |
||||||||||||||||
|
9 |
CHN(1) |
CHT(1) |
IDN(2) |
0 |
1 |
THA(1) |
0 |
22 |
||||||||
|
ITA(1) |
KOR(1) |
PAK(1) |
||||||||||||||
|
PHL(1) |
THA(1) |
|||||||||||||||
|
PERU (Observer) |
||||||||||||||||
|
4 |
BOL(1) |
CHN(1) |
KOR(2) |
1 |
CHN(1) |
0 |
0 |
|||||||||
|
SINGAPORE |
||||||||||||||||
|
2 |
MYS(1) |
TUR(1) |
2 |
MYS(1) |
TUR(1) |
0 |
0 |
0 |
||||||||
|
SOUTH AFRICA (Observer) |
||||||||||||||||
|
9 |
CHN(3) |
CHT(1) |
DEU(1) |
0 |
1 |
AUS(1) |
||||||||||
|
FIN(1) |
HKG(3) |
|||||||||||||||
|
THAILAND (Observer) |
||||||||||||||||
|
0 |
0 |
1 |
IND(1) |
0 |
1 |
|||||||||||
|
TURKEY (Observer) |
||||||||||||||||
|
2 |
CHN(1) |
HKG(1) |
0 |
11 |
BGR(1) |
CHN(2) |
MDA(1) |
0 |
38 |
|||||||
|
ROM(2) |
RUS(3) |
UKR(2) |
||||||||||||||
|
|
UNITED STATES |
|||||||||||||||
|
30 |
ARG(2) |
AUT(1) |
BRA(1) |
44 |
ARG(2) |
AUT(1) |
BRA(2) |
48 |
ARG(2) |
AUT(1) |
BRA(2) |
3 |
JPN(1) |
NLD(1) |
UKR(1) |
305 |
|
CHN(7) |
CHT(2) |
DEU(1) |
CHN(10) |
COL(1) |
DEU(2) |
CHN(10) |
CHT(1) |
COL(1) |
||||||||
|
ESP(1) |
ITA(3) |
JPN(2) |
ECU(1) |
ESP(2) |
FRA(1) |
DEU(1) |
ECU(1) |
ESP(2) |
||||||||
|
KOR(2) |
MEX(3) |
ROM(1) |
GBR(1) |
IND(2) |
ISR(1) |
FRA(1) |
GBR(1) |
IND(2) |
||||||||
|
RUS(1) |
THA(1) |
TUR(1) |
ITA(3) |
JPN(3) |
KOR(2) |
ISR(1) |
ITA(3) |
JPN(3) |
||||||||
|
ZAF(1) |
MYS(1) |
RUS(3) |
THA(3) |
KOR(2) |
MEX(1) |
MYS(1) |
||||||||||
|
UKR(1) |
VEN(1) |
ZAF(1) |
RUS(2) |
THA(4) |
UKR(2) |
|||||||||||
|
VEN(3) |
ZAF(1) |
|||||||||||||||
LIST OF ABBREVIATIONS USED IN ANNEX
AFG AFGHANISTAN
ALB ALBANIA
DZA ALGERIA
ATG ANTIGUA AND
BARBUDA
ARG ARGENTINA
ARM ARMENIA
AUS AUSTRALIA
AUT AUSTRIA
AZE AZERBAIJAN
BHS BAHAMAS
BHR BAHRAIN
BGD BANGLADESH
BRB BARBADOS
BLR BELARUS
BEL BELGIUM
BLZ BELIZE
BEN BENIN
BMU BERMUDA
BOL BOLIVIA
BIH BOSNIA-HERZEGOVINA
BWA BOTSWANA
BRA BRAZIL
BRN BRUNEI DARUSSALAM
BGR BULGARIA
BFA BURKINA FASO
BUR BURUNDI
CMR CAMEROON
CAN CANADA
CAF CENTRAL AFRICAN
REPUBLIC
TCD CHAD
CHL CHILE
CHN CHINA
CHT CHINESE TAIPEI
COG CONGO, REPUBLIC
COL COLOMBIA
CRI COSTA RICA
CIV COTE D'IVOIRE
HRV CROATIA
CUB CUBA
CYP CYPRUS
CZE CZECH REPUBLIC
DNK DENMARK
DJI DJIBOUTI
DMA DOMINICA
DOM DOMINICAN REPUBLIC
EEC EUROPEAN COMMUNITY
ECU ECUADOR
EGY EGYPT
SLV EL SALVADOR
EST ESTONIA
FJI FIJI
FIN FINLAND
FRA FRANCE
MKD FORMER YUGOSLAV
REPUBLIC OF
MACEDONIA
GAB GABON
GMB GAMBIA
GEO GEORGIA
DEU GERMANY
GHA GHANA
GRC GREECE
GRD GRENADA
GTM GUATEMALA
GNB GUINEA-BISSAU
GIN GUINEA, REP. OF
GUY GUYANA
HTI HAITI
HND HONDURAS
HKG HONG KONG
HUN HUNGARY
ISL ICELAND
IND INDIA
IDN INDONESIA
IRN IRAN
IRQ IRAQ
IRL IRELAND
ISR ISRAEL
ITA ITALY
JAM JAMAICA
JPN JAPAN
JOR JORDAN
KAZ KAZAKHSTAN
KEN KENYA
KOR KOREA
KWT KUWAIT
KGZ KYRGYZSTAN
LVA LATVIA
LBN LEBANON
LSO LESOTHO
LIE LIECHTENSTEIN
LTU LITHUANIA
LUX LUXEMBOURG
MAC MACAU
MDG MADAGASCAR
MWI MALAWI
MYS MALAYSIA
MDV MALDIVES
MLI MALI
MLT MALTA
MRT MAURITANIA
MUS MAURITIUS
MEX MEXICO
MDA MOLDOVA, REP. OF
MNG MONGOLIA
MAR MOROCCO
MOZ MOZAMBIQUE
NAM NAMIBIA
NLD NETHLANDS
NZL NEW ZEALAND
NIC NICARAGUA
NER NIGER
NGA NIGERIA
NOR NORWAY
OMN OMAN
PAK PAKISTAN
PAN PANAMA
PNG PAPUA NEW GUINEA
PRY PARAGUAY
PER PERU
PHL PHILIPPINES
POL POLAND
PRT PORTUGAL
PRI PUERTO RICO
QUT QATAR
ROM ROMANIA
RUS RUSSIAN FEDERATION
RWA RWANDA
KNA SAINT KITTS & NEVIS
LCA SAINT LUCIA
SAU SAUDI ARABIA
SEN SENEGAL
SYC SEYCHELLES
SLE SIERRA LEONE
SGP SINGAPORE
SVK SLOVAK REPUBLIC
SVN SLOVENIA
ZAF SOUTH AFRICA
ESP SPAIN
LKA SRI LANKA
VCT SAINT VINCENT &
GRENADINES
SDN SUDAN
SUR SURINAME
SWE SWEDEN
CHE SWITZERLAND
TJK TAJIKISTAN
TZA TANZANIA
THA THAILAND
TGO TOGO
TTO TRINIDAD & TOBAGO
TUN TUNISIA
TUR TURKEY
TKM TURKMENISTAN
UGA UGANDA
UKR UKRAINE
ARE UNITED ARAB EMIRATES
GBR UNITED KINGDOM
USA UNITED STATES
URY URUGUAY
UZB UZBEKISTAN
VUT VANUATU
VEN VENEZUELA
VNM VIET NAM
ZAR ZAIRE
ZMB ZAMBIA
ZWE ZIMBABWE