RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/124/Rev.2
3 September 2002
(02-4678)
Committee on Anti-Dumping Practices
Working Group on Implementation
DRAFT RECOMMENDATION CONCERNING THE TIME-PERIOD TO BE
CONSIDERED IN MAKING A DETERMINATION OF NEGLIGIBLE
IMPORT VOLUMES FOR PURPOSES OF ARTICLE 5.8
OF THE AGREEMENT
Revision
The Committee notes that Article 5.8 of the Agreement on Implementation of Article VI of
GATT 1994 provides that there shall be immediate termination in cases where the authoritiesdetermine that the volume of dumped imports, actual or potential, is negligible.  Article 5.8 also
defines the volume of dumped imports from a particular country that shall normally be regarded as
negligible.  However, it does not establish a period of time over which imports are to be counted in
determining whether the volume of imports is ne gligible.  The Committee considers that guidance
regarding an appropriate time-period for that determination would be useful.
In light of the foregoing, the Committee recommends that, with respect to original
investigations to determine the existence of dumping and consequent injury, whether the volume of
actual dumped imports from a particular country is regarded as negligible shall normally be
determined with reference to the volume of imports from that country during [either
]:
(a) the most recent 12 consecutive months prior to initiation for which data are available;
[or]
(b) the period of data collection for the dumping investigation; or(c) the most recent 12 consecutive months prior to the date on which the application was
filed for which data are available.
[Generally, Members [should/shall] use one of the aforementioned periods on a consistent
basis.]  [Members should choose, in advance, one of the afore-mentioned periods, give notice of their
choice, and use that period on a consistent basis.]  If a different period is used in a particularinvestigation, an explanation of the reason for the selection of the particular period should be provided
in a public notice in that investigation.
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