WORLD TRADE
ORGANIZATIONG/ADP/AHG/W/144
4 November 2002
(02-6059)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
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
Proposal by Norway
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 form 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 negligible.  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 or potential dumped imports from a particular country is regarded as negligible shall be
determined with reference to the volume of dumped imports from that country during:
− the most recent 12 consecutive months, prior to initiation or prior to the date on which the
application was filed, for which data are available.
However, Members whose legislation does not provide for the use of such time-periods may
use the following:
− the period of data collection for the dumping investigation.
Members shall choose in advance, give notice of and use on a consistent basis, one of the
aforementioned time-periods set out above.  Members shall notify the Committee and by public notice
all relevant information relating to the implementation of this decision.
__________