22 February 2001

Statement by H.E. Ambassador Jorge Iván Mora Godoy, Ambassador, Permanent Representative of Cuba, on behalf of the Group of 77 and China, at the Commission on Trade in Goods and Services and Commodities, on agenda item 6: Analysis of market access issues facing developing countries: Impact of anti-dumping and countervailing actions

Mr. Chairman,

The Expert Meeting on the Impact of Anti-Dumping and Countervailing Actions was held against the background of an increase in the application of anti-dumping and countervailing measures by an ever increasing number of countries, as well as the rising disputes deriving therefrom. The Group of 77 and China would draw attention to the special concerns of the developing countries, and the fact that many experts noted the devastating effect that anti-dumping actions could have on their economies and societies, and particularly on their attempts at export diversification. The difficulties encountered by many developing countries in defending the interests of their exporters in anti-dumping cases were highlighted by the experts.. They suggested that studies could be carried out by UNCTAD to identify the positive trade impact of raising thresholds to higher levels. We would also stress the particular difficulties faced by many developing countries and some small developing economies whose domestic markets are flooded with dumped imports, having a disastrous impact on their domestic producers, but lack the financial, technical and human resources to conduct investigations were also stressed.

While antidumping and countervailing actions are legitimate measures, increased AD actions arise from the less than stringent implementation of the relevant WTO agreements owing to their somewhat vague and ambiguous provisions which permitted domestic complainants to make full use of flexibility provided in these agreements where their provisions are imprecise and ambiguous. The inadequacy of the S&D provisions and the fact that they are not set out in contractual language is also an important factor. The Outcome includes a long list of specific measure that the experts concerned considered would reduce the adverse impact of anti-dumping and countervailing actions on the trade of developing countries. These will provide a useful input into the ongoing work of the relevant WTO bodies, such as the WTO Committee on Anti-Dumping Practices and its Ad Hoc Group on Implementation, or in the future trade negotiations. However, it is the view of the Group of 77 and China that there is no need for the Commission to address these issues, rather it should focus on providing direction to future UNCTAD work under paragraph 132 of the Bangkok Plan of Action.

Thank very much.