State of play in rules negotiations
This presentation is the property of its rightful owner.
Sponsored Links
1 / 20

State of Play in Rules Negotiations PowerPoint PPT Presentation


  • 54 Views
  • Uploaded on
  • Presentation posted in: General

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…

Download Presentation

State of Play in Rules Negotiations

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


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…


State of play in rules negotiations

  • Thank you….


  • Login