./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/131
21 February 2002
(02-0889)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
IMPLEMENTATION-RELATED ISSUES REFERRED TO THE
COMMITTEE ON ANTI-DUMPING PRACTICES AND ITS
WORKING GROUP ON IMPLEMENTATION
Paper Submitted by the United States
The following communication, dated 20 February 2002, has been received from the
Permanent Mission of the United States.
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The United States submits the following questions concerning certain issues contained in the
submissions made by Brazil (G/ADP/AHG/W/127), India (G/ADP/AHG/W/128) and Indonesia(G/ADP/AHG/W/126).  These questions are posed for reasons of clarification and do not prejudice
the United States’ position on the substance of the submissions.
Questions for Brazil on Article 15
Does Brazil agree with India’s understanding of the relationship between the two sentences of
Article 15, namely that “the second sentence of Article 15 read in the context of the first sentencesuggests a possible way in which ‘the special regard’ could be given by developed country members
to developing country members when considerin g the application of anti-dumping measures”?
Does Brazil agree with India's suggestion that "an examination of whether imposition of
anti-dumping duties would affect the essential interests of developing countries needs an enquirywhich is specifically economic in character”?  If so, what measures and standards of economic impact
would Brazil propose using for this purpose?  If not, what is Brazil's understanding of the relevance of
the phrase "where they would affect the essential interests of developing country Members" in the
second sentence of Article 15?
Brazil has proposed that “investigating authorities shall take the initiative to explore such
constructive measures before the imposition of the preliminary duties”.  Please explain how this
proposal should be made compatible with Articl e 8.2 of the Anti-Dumping Agreement, which states
that “price undertakings shall not be sought or accepted from exporters unless the authorities of the
importing Member have made a preliminary affirmative determination of dumping and injury causedby such dumping”.
To what extent would Brazil’s proposals require a change to the Anti-Dumping Agreement?G/ADP/AHG/W/131
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Questions for India on Article 15
With regard to India’s statement that “an examination of whether imposition of anti-dumping
duties would affect the essential interests of developing countries needs an enquiry which is
specifically economic in character”, what measures and standards of economic impact would Indiapropose using for this purpose?
With respect to the applicability of Article 15, India states that “cooperation by  exporters
from developing countries during the course of an anti-dumping investigation results in financial costs
which these concerns are ill positioned to bear”.  Would India please elaborate upon this view that the
financial position of the exporter in question has a bearing on whether the essential interests of the
relevant country are affected?
India has proposed that a higher de minimis standard may be an appropriate “constructive
remedy” under Article 15.  To what extent does a higher de minimis standard constitute an alternative
to anti-dumping duties?
To what extent would India’s proposals require a change to the Anti-Dumping Agreement?
Questions for Indonesia on Article 15
To what extent would Indonesia’s proposals require a change to the Anti-Dumping
Agreement?
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