. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/64
25 March 1999
(99-1227)
Committee on Anti-Dumping Practices
Ad Hoc Group on Implementation
DRAFT RECOMMENDATION CONCERNING
MATTERS TO BE INCLUDED IN PRELIMINARY
AFFIRMATIVE DETERMINATIONS
The Committee notes that Article 7 of the Agreement on Implementation of Article VI of the
GATT 1994 provides that provisional measures may be applied only if a preliminary affirmative
determination has been made of dumping and consequent injury to a domestic industry.  Similarly,
Article 8 of the Agreement provides that price u ndertakings shall not be sought or accepted from
exporters unless the a preliminary affirmative determination of dumping and injury caused by such
dumping has been made.
The Committee considers that guidelines for the matters to be included in such preliminary
affirmative determination would be useful.  The Committee recognizes that Article 12.2 of the
Agreement specifies the contents of the public notice of a preliminary affirmative determination.  This
recommendation concerning matters to be included in preliminary affirmative determinations is
without prejudice to the question of the contents of the public notice of such a determination.
In light of the foregoing considerations, the Committee recommends that, as a general rule, a
preliminary affirmative determination should include the following matters:
• the name(s) of the domestic producers submitting the application, the names of other domestic
producers, and the names of the importers and the exporters of the product.
• information concerning the procedural background of  the investigation, including the date that the
application was received and the date of initiation.
• the definition or description of the imported produc t to which the preliminary determination applies,
including the Customs classifica tion of the product and the country(ies) of origin or export.
• information concerning the domestic like product a nd industry, including if relevant information
regarding the exclusion of any related producers.
• information concerning the domestic market for the product.
• the period of investigation for both the dumping and injury analysis.
• information concerning the estimation of the dumpi ng margin, including information concerning the
calculation of the normal values and export prices , and, if relevant, information concerning the
manner in which Article 6.8 (facts available) was applied and the methodology used in sampling.
• information concerning the evaluation of injury, including the evidence concerning the factors set
forth in the Agreement and the analysis employed.G/ADP/AHG/W/64
Page 2
• information concerning the causal relationship between the dumped imports and any injury found.
• information concerning ve rification, if undertaken..
• information on the decision whether or not to impos e provisional measures, including the form and
level of such measures.
• information concerning the continuation of the in vestigation, including such matters as time frames
for further procedures, submissions, hearings, the requirements for undertakings if offered, and the
name, telephone and telefax numbers and address of a contact person.
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