administrative, selling and general costs and profits: see determination of dumping (GATT VI/AD 2), calculation of administrative, selling and general costs and profits (AD 2.2.2)

ADP Committee: see Committee on Anti-Dumping Practices (AD 16)

adverse effects (SCM 5): see also nullification or impairment (DSU 3.8); “serious prejudice” (SCM 5(c)); “serious prejudice” (SCM 6)

agricultural subsidies (AG 13), non-applicability to

injury to domestic industry (SCM 5(a))

non-actionable subsidies, consultation in the case of (SCM 9.1)

nullification or impairment of benefits (SCM 5(b))

serious prejudice (SCM 5(c))

adverse inferences from party’s refusal to provide information, panel’s right/obligation to draw (SCM Annex V, para. 7)

advice on reasonableness of request and (para. 8)

Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3)

as base level for implementation of domestic support commitment (Annex 3, para.5)

calculation (Annex 3)

agricultural levies or fees paid by producers, deduction (para. 4) budgetary outlays and foregone, applicability to (para. 2)

date (para. 7)

fixed external price (para. 9)

fixed reference price (para. 11)

market price support (para. 8)

measures directed at processors, inclusion (para. 7)

in monetary value terms (para. 6)

national and sub-national level support, inclusion (para. 3)

non-exempt direct payments dependent on factors other than price (para. 12)

non-exempt direct payments dependent on price gaps (para. 10)

non-exempt measures other than direct payments (para. 13)

product-specific basis (para. 1)

equivalent measurement of support (AG Annex 4)

applicability (para. 1)

base level (para. 1)

date of calculation (paras. 2 and 4)

definition (AG 1(d))

measures directed at processors, inclusion (para. 4)

national and sub-national support, inclusion (para. 1)

non-exempt measures, inclusion (para. 3)

product-specific basis (para. 2)

market price support (Annex 3, para. 8)

“eligible”

product-specific requirement (Annex 3, para. 6)

total AMS (AG 1(h))

absence of commitment in Schedule, effect (AG 7.2(b))

applicability to domestic support commitments (AG 6.1)

calculation

exclusion from

de minimis percentages (AG 6.4(a))

developing country Members’ measures (AG 6.2 and 6.4(b))

exempt direct payments (AG 6.5(b))

non-product-specific domestic support not exceeding 5 per cent … (AG 6.4(b))

product-specific domestic support not exceeding 5 per cent … (AG 6.4(a))

inclusion of measures not exempt under AG Annex 2

total AMS/annual and final bound commitment levels, expression of market access concessions in terms of (AG 4.1)

Agreement on Agriculture (AG): see also Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3); Committee on Agriculture; costs of marketing exports (AG 9.1(d)); domestic support commitments (AG 6); due restraint during implementation period (AG 13); export prohibitions and restrictions in accordance with GATT XI:2(a) (AG 12); “export subsidies” (AG 1(e)/AG 9.1); export subsidy, prohibited (AG 3.3); market access (AG 4); special safeguards (AG 5); sunset review (AD 11.3); sunset review (SCM 21.3)

annexes as integral part of Agreement (AG 21.2)

consultation and dispute settlement (AG 19), applicability of GATT XXII and XXIII

consultations on permitted export prohibitions and restrictions (AG 12.1(b))

definitions (AG 1)

“agricultural products” (AG 2/Annex 1)

“AMS”: see Aggregate Measurement of Support (AMS) (AG 1(a)/ Annex 3)

“basic agricultural product” (AG 1(b))

“budgetary outlays” (AG 1(c))

“countervailing” (AG 13.1(a), footnote 4)

“export subsidies” (AG 1(e))

“implementation period” (AG 1(f))

“market access concessions” (AG 1(g))

“year” (AG 1(i))

export competition commitments (AG 8)

GATT 1994 and (AG 21.1)

implementation period (AG 1(f))

due restraint provisions (AG 13)

Mid-Term Review Agreement, domestic support commitments in developing countries (AG 6.2)

notification of new measure or modification of existing measure, need for (AG 18.3)

object and purpose (Preamble)

correction and prevention of distortions

diversification from illicit narcotic crops (AG Preamble)

fair and market-oriented agricultural trading system

continuation of reform process and (AG 20)

Punta del Este Declaration and

product coverage (AG 2/Annex 1)

reform process, obligation to continue (AG 20)

equitable implementation, need for (AG Preamble)

relevant factors

effect of reduction of commitments on world trade in agricultural products (AG 20(b))

experience from implementation of reduction commitments (AG 20(a))

non-trade concerns (AG Preamble and AG 20(c))

possible further commitments (AG 20(d))

special and differential treatment (AG 20(c))

special safeguard measures, possibility for (AG 9)

review of implementation of commitments (AG 18)

annual consultations (AG 18.5)

inflation, need to give due consideration to effect (AG 18.4)

notification by another Member (AG 18.7)

notification requirements (AG 18.2)

opportunity to raise matter relevant to implementation commitments (AG 18.6)

schedules of commitments: see Schedules of Concessions (Part IV: commitments limiting subsidization on agricultural products)

SCM Agreement and: see subsidy, definition (SCM 1); subsidy, prohibited (SCM, Part II), “contingent upon export performance” (SCM 3.1(a) and Illustrative list (item (a)))

specific action against dumping (AD 18.1): see specific action against dumping (AD 18.1) or subsidy (SCM 32.1)

Agreement on the Application of Sanitary and Phytosanitary Measures: see Committee on Sanitary and Phytosanitary Measures (SPS Committee); SPS Agreement

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994: see Anti-Dumping Agreement (AD)

Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade: see customs valuation (GATT VII and Customs Valuation Agreement (VAL))

Agreement on Preshipment Inspection: see PSI Agreement

Agreement on Subsidies and Countervailing Measures: see SCM Agreement

Agreement on Trade in Civil Aircraft

Agreement on Trade-Related Investment Measures (TRIMs): see TRIMs Agreement

AIR: see Civil Aircraft, Agreement on Trade in

air transport services (GATS Annex)

applicability (para. 1)

aircraft repair and maintenance services (para. 3(a))

definition (para. 6(a))

computer reservations services (CRS) (para. 3(c))

definition (para. 6(c))

excluded measures (para. 2)

selling and marketing of air transport services (para. 3(b))

definition (para. 6(b))

obligations under bilateral or multilateral agreements, effect on (para. 1)

review (para. 5)

“traffic rights” (para. 6(d))

amendments to covered agreements (WTO X)

decision to submit to Members (WTO X:1)

consensus/voting requirement

time-limit

entry into effect

amendments altering rights and obligations of Members (WTO X:3)

amendments not altering rights and obligations of Members (WTO X:4)

interpretation of covered agreements provisions distinguished (WTO IX)

non-acceptance, effect

amendment affecting rights of obligations of Members (WTO X:3/WTO X:5)

amendment not affecting rights of obligations of Members (WTO X:5)

Plurilateral Trade Agreements: see Plurilateral Trade Agreements

requirements

instrument of acceptance (WTO X:7)

two thirds majority plus acceptance by individual members (WTO X:3)

unanimity (WTO X:2)

right to propose (WTO X:1)

Councils under WTO IV:5

Members

time-limits for acceptance (WTO X:7)

TRIPS: see TRIPS agreement, review and amendment (TRIPS 71)

annexes, as integral part of agreement

AG 21.2

GATS XXIX

SCM 32.8

SPS 1.3

TBT 15.5

Anti-circumvention, Ministerial Decision

anti-competitive practices (TRIPS)

adverse trade effects/impediment to technology transfer (TRIPS 40.1)

authorization of “unauthorized” use and (TRIPS 31(k))

measures to prevent or control (TRIPS 40)

consultations in case of alleged breach of laws and regulations (TRIPS 40.3): see consultations in case of alleged breach of laws and regulations to prevent or control anti-competitive practices (TRIPS 40.3)

right to take (TRIPS 40.1)

anti-dumping action on behalf of third country (AD 14), application

by authorities of third country requesting action (AD 14.1)

effects on the industry as a whole, limitation to (AD 14.3)

requirements (AD 14.2)

assistance of third country in meeting

information showing injury

price information showing dumping

responsibility (AD 14.4)

for determining whether to proceed

for initiating approach to Council for Trade in Goods

Anti-Dumping Agreement (AD): see also Anti-circumvention, Ministerial Decision; anti-dumping duties, duration and review (AD 11); consultation and dispute settlement (AD 17); determination of dumping (GATT VI/AD 2); “domestic industry” (AD 4/SCM 16); investigation of dumping (AD 5)/subsidy (SCM 11); judicial review (AD 13/SCM 23); provisional measures (AD 7/SCM 17); public notice of preliminary or final determination (AD 12.2/SCM 22.3)

annexes as integral part (AD 18.7)

applicability (AD 18.3)

pre-/post-WTO reviews

“reviews of existing measures”

definitions (AD 1): see also under separate headings for definitions specific to those headings

“anti-dumping measure”

“initiated” (AD, footnote 1)

“initiated and conducted in accordance with the provisions of this Agreement”

violation of other AD provisions as evidence of breach of AD 1: see also relationships within and between agreements

developing country Members: see also developing country Members (AD 15)

obligations

non-AD Agreement consistent anti-dumping measures (AD 18.1 and footnote 24)

notification of changes

to administration of laws and regulations (AD 18.5)

to relevant laws and regulations (AD 18.5)

review of implementation and operation (AD 18.6)

anti-dumping duties, duration and review (AD 11): see also sunset review (AD 11.3)

“as long as and to the extent necessary” (AD 11.1)

“likely to lead to continuation or recurrence” (AD 11.2)

“necessary to offset dumping” (AD 11.2)

price undertakings (AD 8), application to (AD 11.5)

review (AD 11.2)

at request of any interested party

continuation of duty, need for

elapse of reasonable period of time, need for

likelihood of continuance or recurrence of injury

positive information substantiating request, need for

on authorities’ own initiative

determination of final liability (AD 9.3) distinguished (footnote 21)

duration/“expeditious” (AD 11.4)

termination of duty following

anti-dumping duties, imposition and collection (GATT VI:2/AD 9)

assessment (AD 9.3)

constructed export price (AD 2.3) and (AD 9.3.3)

deemed date of existing measures (AD 18.3.1)

judicial review, effect on time-limits (AD 9.3.1, footnote 20)

margin of dumping (AD 2) as ceiling

prospective (AD 9.3.2)

retrospective (AD 9.3.1)

calculation of “all other” anti-dumping duty rate (AD 9.4)

margins established under circumstances referred to in AD 6.8, exclusion

“established”

non-investigated exporters, applicability to

prospective normal value basis and (AD 9.4(ii))

collection (AD 9.2)

naming by authorities of supplier[#]

naming of supplier country as alternative

non-discrimination and (AD 9.2)

evidentiary rules (AD 6/SCM 12), applicability (AD 11.4)

exemption from duties or taxes of like product destined for consumption in country of origin, relevance (GATT VI:4)

imposition of both anti-dumping and countervailing duties in respect of same situation, exclusion (GATT VI:5)

lesser duty, possibility of (AD 9.1)

material injury or threat thereof, need for (GATT VI:6(a))

material injury or threat thereof, need for (GATT VI:6(a)), delay causing damage difficult to repair and (GATT VI:6(c))

stabilization systems, relevance (GATT VI:7)

waiver (GATT VI:6(b) and Ad Article)

multiple currency practices and (GATT Ad Article VI:2 and VI:3, para. 2)

permissive nature (AD 9.1)

responsibility of authorities (AD 9.1)

review to determine individual margins of dumping for exporters or producers who have not exported product during period of investigation (AD 9.5)

security (bond or cash deposit), right to levy (GATT Ad Article VI:2 and VI:3, para. 1)

Appellate Body (DSU 17)

administrative and legal support (DSU 17.7)

anonymity of individual AB members (DSU 17.11)

competence: see competence (AB) (DSU 17.6)

composition (DSU 17.1)

availability (DSU 17.3)

conflicts of interest (DSU 17.3)

demonstrated expertise, need for (DSU 17.3)

independence of members (DSU 17.3)

number

persons of recognized authority (DSU 17.3)

rotation

decision, time-limits

SCM 4.9

SCM 7.7

establishment (DSU 17.1)

expenses of persons serving on (DSU 17.8)

proceedings, length (DSU 17.5)

reports (DSU 17.14)

adoption by DSB

circulation to Members

rejection by DSB

right of Member to express views on

timetable for completion (DSU 17.5)

unconditional acceptance by parties

role and responsibilities, hearing of appeals from panel cases (DSU 17.1)

term of office (DSU 17.2)

reappointment

vacancies (DSU 17.2)

working procedures: see Working Procedures (appellate review) (DSU 17.9)

arbitration as alternative means of dispute settlement (DSU 25)

advantages (DSU 25.1), in clearly defined disputes

jurisdiction, agreement of parties (DSU 25.1 and 25.2) as basis

arbitration (DSU 22.6): see also suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22)

“arbitrator”

appointment by Director-General

as individual or group (footnote 15)

original panel, preference for

decision

binding nature

prompt report to DSB

scope of review (DSU 22.7)

allowability of suspension under covered agreement

claim that DSU 22.3 principles and procedures not followed

determination of “equivalence”

specificity requirements

agreement and sectors (DSU 22.3)

specific level of suspension (DSU 22.4)

suspension of concessions, exclusion during arbitration

time-limits

arbitration (DSU 25)

applicable law, DSU 21 and 22 (DSU 25.4)

binding nature of award (DSU 25.3)

confidentiality of proceedings: see also confidentiality of proceedings (DSU 4.6/DSU 14/DSU 17.10/DSU 18.2/WP 3)

joinder of other parties (DSU 25.3)

procedural requirements

mutual agreement (DSU 25.2)

on procedures

on resort to arbitration

notification of

arbitration to all Members (DSU 25.2)

awards to DSB and relevant Council or Committee (DSU 25.3)

arbitration (SCM 8.5)

“arbitrator” (DSU 21.3(c), footnote 13, DSU 22.6, footnote 15 and DSU 22.6, footnote 16)

ATC (Agreement on Textiles and Clothing): see transitional safeguards (ATC 6)

audi alteram partem principle

DSU 10.2 and WP 6

DSU 17.4

SCM 12.1 and 12.2

TRIPS 41.3, 42, 50.2 and 50.4

authentic languages

GATT 1947 (GATT XXVI:3)

GATT 1994

GATT 1994, Explanatory Note (c)

rectifications, GATT 1994, Explanatory Note (c)(ii) and (iii)

Schedules of Concessions (MP 8)

WTO Agreement (WTO XVI:6)

“authorities” (AD 2.2.1, footnote 3)

automatic import licensing: see Import Licensing Procedures Agreement (LIC), automatic import licensing (LIC 2)