Page 25 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

terms of both content and applicability, Article VI remained a limited multilateral
framework on anti-dumping.

1.3 Thereafter, during the Tokyo and Kennedy Rounds of negotiations,
substantive improvements were attempted to this limited international framework
on anti-dumping under Article VI of the GATT, 1947. The Kennedy Round (1962-
1967) was intended for revitalizing GATT with new and further tariff reductions.
One milestone reached in the Kennedy Round was the adoption of a new
Anti-Dumping Code (“Kennedy Code”) which in addition to reaffirming Article VI
of GATT, 1947, formulated a series of substantive and procedural rules on anti-
dumping. The definitions and standards relating to certain key concepts such as
‘injury’, ‘dumping’, ‘causation’ and ‘industry’ were brought in.

1.4 In Tokyo Round of Negotiations (1973-1979), the basic objective was the
reduction and elimination of not only tariffs but other trade barriers also. During
the conclusion of the Tokyo Round in 1979, the participation had increased to
102 countries and the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade (popularly known as the “Tokyo Round Anti-
Dumping Code”) was adopted which substituted the Kennedy Round Code. This
new Code provided details on the manner of conducting investigation, when to
terminate the investigation, the duration for which the duties would apply, etc. A
significant feature of the Tokyo Round Anti-dumping Code was that anti-dumping
investigations were required to be reported to the GATT Secretariat through a
semi-annual report. However, the Code seemed to have left a considerable number
of ambiguities and problems unresolved. Later, the Committee on Anti-dumping
Practices focused on increasing the participation of developing countries.

1.5 In September 1986, the GATT round was for the first time launched
in a developing country in Punta Del Este, Uruguay. Though the Ministerial
Declaration at Punta Del Este did not make an express mention of anti-dumping,
the GATT Contracting Parties recognized the need for developing new disciplines.
During the Uruguay Round negotiations, anti-dumping was a dominant issue in
the negotiating positions of various groups. After many attempts and series of
negotiations, the final draft text (popularly known as the “Dunkel text”) was
produced in December, 1991.

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