./.WORLD TRADE
ORGANIZATIONG/ADP/AHG/W/143
1 November 2002
(02-6040)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
DRAFT RECOMMENDATION ON
OPERATIONALIZING ARTICLE 15
The following communication, dated 30 October 2002, has been received from the Permanent
Mission of the United States.
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The United States submitted its proposal on operationalizing Article 15 on
19 September 2002 (G/ADP/AHG/W/138).  In light of certain comments and suggestions made byother Members, the United States presented the following as a room document on 23 October 2002.
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Paragraph 7.2 of the Decision on Implementation – Related Issues and Concerns
(WT/MIN(01)/W/10) states with respect to Artic le 15 of the Anti-Dumping Agreement that “the
modalities for its application would benefit from clarification”.  Further, the Committee on Anti-
Dumping Practices has been instructed to “examine this issue and to draw up appropriate
recommendations within twelve months on how to operationalize this provision”.
The Working Group recognizes that one constructive remedy which should be considered in
relation to Article 15 is that of a price undertaking.  While recognizing that price undertakings mustbe mutually agreeable, Members would benefit greatly from clarification of the modalities for
consideration of such a constructive remedy.  Moreover, identification of normative principles for
consideration of such a constructive remedy woul d go a long way towards operationalizing Article 15
for the benefit of developing and developed countries alike.
In light of this need to clarify the special regard to be given by developed country Members to
developing country Members in exploring the possibility of such a constructive remedy in situations
in which Article 15 applies (“Article 15 situations”), the Working Group recommends that Members
observe the following principles:
1. Members should publish or otherwise make known to all developing country exporters
subject to anti-dumping investigations, either on a case-by-case basis or, preferably, through
generally applicable provisions, the procedures to be followed in requesting consideration of a
price undertaking, including the deadline for concluding any such undertaking;
2. In Article 15 situations, developed country Members should provide no less than two weeks
after issuance of a preliminary determination in which developing country exporters may
submit a proposed price undertaking;
3. In Article 15 situations, developed country Members should provide an opportunity, upon
request, for developing country exporters to meet with the investigating authority and toG/ADP/AHG/W/143
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explain the provisions of, and need for, any proposed price undertaking, including explaining
the essential interests of the developing country which would be affected by application of
anti-dumping duties absent such an undertaking;
4. In Article 15 situations, if the investigating authority of the developed country Member
preliminarily accepts a proposed price undertaking, the investigating authority should notify
and provide a non-confidential copy of that preliminarily accepted price undertaking to all
parties to the investigation;
5. In Article 15 situations, if the investigating authority of the developed country Member
preliminarily accepts a proposed price undertaking, the investigating authority should provide
all interested parties an opportunity to submit written argument and factual informationconcerning the proposed price undertaking, and all such submissions shall be subject to the
terms of Article 6.
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