RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/49
4 August 1998
(98-3075)
Committee on Anti-Dumping Practices
Ad Hoc Group on Implementation
DRAFT RECOMMENDATION CONCERNING
THE TIMING OF THE NOTIFICATION UNDER ARTICLE 5.5
The Committee notes that Article 5.5 of the Agreement on Implementation of Article VI of
the GATT 1994 provides that "The authorities shall avoid, unless a decision has been made to initiate
an investigation, any publicizing of the application for the initiation of an investigation.  However,
after receipt of a properly documented application and before proceeding to initiate an investigation,
the authorities shall notify the government of the exporting Member concerned".  The Committeeconsiders that the second sentence of Article 5.5 calls for a notification to be made between two
specific events, but does not establish any guidelines to determine more precisely when that
notification must be made.
The Committee considers that guidelines fo r determining more precisely when the
notification called for by the second sentence of Article 5.5 must be made would be useful.  The
Committee recognizes that different Members have different processes and deadlines for the
examination of applications and the initiation of investigations. Thus, a specific guideline,
establishing a date certain by which the notification should be made, might be unworkable.
Nonetheless, the Committee considers that more general guidelines can be established.
In light of the above considerations, the Committee recommends that the notification required
by the second sentence of Article 5.5 should be made as soon as possible after the receipt by the
investigating authorities of a properly documented application, and as early as possible before any
decision is taken regarding initiation of an investigation on the basis of that properly documented
application.
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