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State of Play in Rules Negotiations. “WTO and the Doha Round: Way Forward” Seminar organized by ICRIER April 6, New Delhi By Sudhakar Dalela, Deputy Secretary (TPD), DOC. Doha mandate…. Clarification and improvement of disciplines under the AD and SCM Agreements…

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State of Play in Rules Negotiations

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State of play in rules negotiations
State of Play in Rules Negotiations

“WTO and the Doha Round: Way Forward”

Seminar organized by ICRIER

April 6, New Delhi

By

Sudhakar Dalela, Deputy Secretary (TPD), DOC


Doha mandate
Doha mandate….

  • Clarification and improvement of disciplines under the AD and SCM Agreements…

  • While preserving the basic concepts, principles and effectiveness of these Agreements and their instruments and objectives

  • Initial phase …

  • Shall also aim to clarify and improve WTO disciplines on fisheries subsides taking into account the importance of this sector to developing countries


From doha to hong kong
From Doha to Hong Kong…

  • Substantial results in all areas…

  • Development dimension must be addressed as an integral part of any outcome

  • To take into account, inter-alia,

    • Need to avoid the unwarranted use..

    • the desirability of limiting costs and complexity of proceedings..

    • Strengthen due process, transparency..


From doha to hong kong1
From Doha to Hong Kong..

  • consider that negotiations on anti-dumping should, as appropriate, clarify and improve the rules regarding, inter alia,

    • determinations of dumping, injury and causation, and the application of measures;

    • procedures governing the initiation, conduct and completion of antidumping investigations, including with a view to strengthening due process and enhancing transparency; and

    • the level, scope and duration of measures, including duty assessment, interim and new shipper reviews, sunset, and anti-circumvention proceedings;


From doha to hong kong2
From Doha to Hong Kong…

  • Desirability of applying to both anti-dumping and countervailing measures any clarifications and improvements..

  • mandate the Chairman to prepare consolidated texts of the AD and SCM Agreements that shall be the basis for the final stage of the negotiations.


Hong kong outcome fisheries subsidies
Hong Kong Outcome: Fisheries subsidies

  • Broad agreement that the Group should strengthen disciplines on subsidies in the fisheries sector, including through the prohibition of certain forms of fisheries subsidies that contribute to over capacity and over-fishing

  • Appropriate and effective SDT ….taking into account the importance of this sector to development priorities, poverty reduction and livelihood and food security concerns.


Some key issues anti dumping negotiations
Some Key Issues:Anti-dumping negotiations

  • Dumping determinations

    • normal value determination

    • affiliation,

    • profitability test,

    • cost allocation,

    • fair comparison

    • prohibition of zeroing

    • Exchange rate

    • ……


Some key issues anti dumping negotiations1
Some Key Issues:Anti-dumping negotiations

  • Injury and causation

    • Material injury

    • Injury and causation bench marks

    • Non-attribution analysis

    • Material retardation…

  • Standing requirements

  • Definition of Domestic Industry


Some key issues anti dumping negotiations2
Some Key Issues:Anti-dumping negotiations

  • Initiation

    • Identification of parties

    • Pre-initiation consultations

    • Pro-active authorities

    • Negligible imports

    • De-minimis for dumping margin

    • Back to back initiation…

  • Product under consideration


Some key issues anti dumping negotiations3
Some Key Issues:Anti-dumping negotiations

  • Transparency and due process

    • Proactive approach by authorities in ascertaining adequacy and accuracy ..

    • Evidence and disclosure norms

    • Disclosure of essential facts and consideration before preliminary determination

    • Non-confidential information

    • Public facility for access to documents..


Some key issues anti dumping negotiations4
Some Key Issues:Anti-dumping negotiations

  • Facts available

  • Price Undertakings

  • Lesser duty Rule

  • New Shipper Reviews


Some key issues anti dumping negotiations5
Some Key Issues:Anti-dumping negotiations

  • 11: 2 Reviews

    (Changed Circumstances Reviews)

  • 11:3 Reviews

    Sunset Reviews


Some key issues anti dumping negotiations6
Some Key Issues:Anti-dumping negotiations

  • Public or Economic Interest Test

  • Circumvention

  • Dispute Settlement


Some key issues subsidies negotiations
Some Key Issues:Subsidies negotiations

  • Expanding prohibited category list

  • Allocation of benefit methodologies

  • Serious prejudice

  • Specificity

  • Benefit pass through


Some key issues subsidies negotiations1
Some Key Issues:Subsidies negotiations

  • Export credit and guarantees

  • Withdrawal of subsidy

  • “In fact” export contingency

  • Developing countries issues

  • Desirability of applying to both anti-dumping and countervailing measures any clarifications and improvements


Some key issues fisheries subsidies negotiations
Some Key Issues:Fisheries subsidies negotiations

  • Over-capacity and over-fishing

  • Extent – Links with trade distortion

  • Trade distortion and/or production distortion

  • Top down vs bottom up approach

  • Scope and coverage

  • Link with sustainability aspects

  • Access payments

  • Sustainable use of resources

  • Competence issues….


Fisheries subsidies negotiations developing countries
Fisheries subsidies negotiations &Developing countries

  • Special and differential treatment

  • Policy space for developing countries

  • Case for small scale, artisanal fisheries

  • Food security, employment and development priorities

  • Sustainable use of resources…


Negotiating posture
Negotiating Posture

  • Friends of Anti-Dumping Negotiations (FANs)

  • US

  • EC

  • Canada, Australia…

  • Developing Countries..

  • India


Negotiating process
Negotiating Process

  • Plenary

  • Plurilaterals

    (lo look at technical and legal issues)

  • Textual Proposals by Members…

  • Timelines (April and July 2006)…

  • Consolidated texts by the Chairman…

  • Chair’s text to be basis for further negotiations…



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