Members hereby agree as follows:
An anti-dumping measure shall be applied only under the circumstances
provided for in
Article VI of GATT
1994 and pursuant to investigations initiated
and conducted in accordance with the provisions of this Agreement.
The following provisions govern the application of Article VI of GATT
1994 in so far as action is taken under anti‑dumping legislation
Determination of Dumping
2.1 For the purpose of this Agreement,
a product is to be considered as being dumped, i.e. introduced into
the commerce of another country at less than its normal value, if
the export price of the product exported from one country to another
is less than the comparable price, in the ordinary course of trade,
for the like product when destined for consumption in the exporting
2.2 When there are no sales of the
like product in the ordinary course of trade in the domestic market
of the exporting country or when, because of the particular market
situation or the low volume of the sales in the domestic market of
the exporting country,
such sales do not permit a proper comparison, the margin of dumping
shall be determined by comparison with a comparable price of the like
product when exported to an appropriate third country, provided that
this price is representative, or with the cost of production in the
country of origin plus a reasonable amount for administrative, selling
and general costs and for profits.
of the like product in the domestic market of the exporting country
or sales to a third country at prices below per unit (fixed and variable)
costs of production plus administrative, selling and general costs
may be treated as not being in the ordinary course of trade by reason
of price and may be disregarded in determining normal value only if
the authorities determine that such sales
are made within an extended period of time
in substantial quantities
and are at prices which do not provide for the recovery of all costs
within a reasonable period of time. If prices which are below per
unit costs at the time of sale are above weighted average per unit
costs for the period of investigation, such prices shall be considered
to provide for recovery of costs within a reasonable period of time.
126.96.36.199 For the purpose
of paragraph 2, costs shall normally be calculated on the basis of
records kept by the exporter or producer under investigation, provided
that such records are in accordance with the generally accepted accounting
principles of the exporting country and reasonably reflect the costs
associated with the production and sale of the product under consideration.
Authorities shall consider all available evidence on the proper allocation
of costs, including that which is made available by the exporter or
producer in the course of the investigation provided that such allocations
have been historically utilized by the exporter or producer, in particular
in relation to establishing appropriate amortization and depreciation
periods and allowances for capital expenditures and other development
costs. Unless already reflected in the cost allocations under this
sub‑paragraph, costs shall be adjusted appropriately for those
non‑recurring items of cost which benefit future and/or current
production, or for circumstances in which costs during the period
of investigation are affected by start‑up operations.
the purpose of paragraph 2, the amounts for administrative, selling
and general costs and for profits shall be based on actual data pertaining
to production and sales in the ordinary course of trade of the like
product by the exporter or producer under investigation. When such
amounts cannot be determined on this basis, the amounts may be determined
on the basis of:
(i) the actual amounts incurred and realized by the exporter or producer in question in respect of production and sales in the domestic market of the country of origin of the same general category of products;
(ii) the weighted average of the actual amounts incurred and realized by other exporters or producers subject to investigation in respect of production and sales of the like product in the domestic market of the country of origin;
(iii) any other reasonable method, provided that the amount for profit so established shall not exceed the profit normally realized by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin.
2.3 In cases where there is no export
price or where it appears to the authorities concerned that the export
price is unreliable because of association or a compensatory arrangement
between the exporter and the importer or a third party, the export
price may be constructed on the basis of the price at which the imported
products are first resold to an independent buyer, or if the products
are not resold to an independent buyer, or not resold in the condition
as imported, on such reasonable basis as the authorities may determine.
2.4 A fair comparison shall be made
between the export price and the normal value. This comparison shall
be made at the same level of trade, normally at the ex-factory level,
and in respect of sales made at as nearly as possible the same time.
Due allowance shall be made in each case, on its merits, for differences
which affect price comparability, including differences in conditions
and terms of sale, taxation, levels of trade, quantities, physical
characteristics, and any other differences which are also demonstrated
to affect price comparability.
In the cases referred to in paragraph 3, allowances for costs, including
duties and taxes, incurred between importation and resale, and for
profits accruing, should also be made. If in these cases price comparability
has been affected, the authorities shall establish the normal value
at a level of trade equivalent to the level of trade of the constructed
export price, or shall make due allowance as warranted under this
paragraph. The authorities shall indicate to the parties in question
what information is necessary to ensure a fair comparison and shall
not impose an unreasonable burden of proof on those parties.
the comparison under paragraph 4 requires a conversion of currencies,
such conversion should be made using the rate of exchange on the date
provided that when a sale of foreign currency on forward markets is
directly linked to the export sale involved, the rate of exchange
in the forward sale shall be used. Fluctuations in exchange rates
shall be ignored and in an investigation the authorities shall allow
exporters at least 60 days to have adjusted their export prices to
reflect sustained movements in exchange rates during the period of
to the provisions governing fair comparison in paragraph 4, the existence
of margins of dumping during the investigation phase shall normally
be established on the basis of a comparison of a weighted average
normal value with a weighted average of prices of all comparable export
transactions or by a comparison of normal value and export prices
on a transaction‑to‑transaction basis. A normal value
established on a weighted average basis may be compared to prices
of individual export transactions if the authorities find a pattern
of export prices which differ significantly among different purchasers,
regions or time periods, and if an explanation is provided as to why
such differences cannot be taken into account appropriately by the
use of a weighted average‑to‑weighted average or transaction‑to‑transaction
2.5 In the case where products are
not imported directly from the country of origin but are exported
to the importing Member from an intermediate country, the price at
which the products are sold from the country of export to the importing
Member shall normally be compared with the comparable price in the
country of export. However, comparison may be made with the price
in the country of origin, if, for example, the products are merely
transshipped through the country of export, or such products are not
produced in the country of export, or there is no comparable price
for them in the country of export.
2.6 Throughout this Agreement the term
“like product” (“produit similaire”) shall be interpreted to mean
a product which is identical, i.e. alike in all respects to the product
under consideration, or in the absence of such a product, another
product which, although not alike in all respects, has characteristics
closely resembling those of the product under consideration.
2.7 This Article is without prejudice
to the second Supplementary Provision to paragraph 1 of Article VI
in Annex I to GATT 1994.
3.1 A determination of injury for purposes
of Article VI of GATT 1994 shall be
based on positive evidence and involve an objective examination of
both (a) the volume of the dumped imports and the effect of
the dumped imports on prices in the domestic market for like products,
and (b) the consequent impact of these imports on domestic
producers of such products.
3.2 With regard to the volume of the
dumped imports, the investigating authorities shall consider whether
there has been a significant increase in dumped imports, either in
absolute terms or relative to production or consumption in the importing
Member. With regard to the effect of the dumped imports on prices,
the investigating authorities shall consider whether there has been
a significant price undercutting by the dumped imports as compared
with the price of a like product of the importing Member, or whether
the effect of such imports is otherwise to depress prices to a significant
degree or prevent price increases, which otherwise would have occurred,
to a significant degree. No one or several of these factors can necessarily
give decisive guidance.
3.3 Where imports of a product from
more than one country are simultaneously subject to anti‑dumping
investigations, the investigating authorities may cumulatively assess
the effects of such imports only if they determine that (a)
the margin of dumping established in relation to the imports from
each country is more than de minimis as defined in paragraph
8 of Article 5 and the volume of imports from each country is not
negligible and (b) a cumulative assessment of the effects of
the imports is appropriate in light of the conditions of competition
between the imported products and the conditions of competition between
the imported products and the like domestic product.
3.4 The examination of the impact of
the dumped imports on the domestic industry concerned shall include
an evaluation of all relevant economic factors and indices having
a bearing on the state of the industry, including actual and potential
decline in sales, profits, output, market share, productivity, return
on investments, or utilization of capacity; factors affecting domestic
prices; the magnitude of the margin of dumping; actual and potential
negative effects on cash flow, inventories, employment, wages, growth,
ability to raise capital or investments. This list is not exhaustive,
nor can one or several of these factors necessarily give decisive
3.5 It must be demonstrated that the
dumped imports are, through the effects of dumping, as set forth in
paragraphs 2 and 4, causing injury within the meaning of this Agreement.
The demonstration of a causal relationship between the dumped imports
and the injury to the domestic industry shall be based on an examination
of all relevant evidence before the authorities. The authorities shall
also examine any known factors other than the dumped imports which
at the same time are injuring the domestic industry, and the injuries
caused by these other factors must not be attributed to the dumped
imports. Factors which may be relevant in this respect include, inter
alia, the volume and prices of imports not sold at dumping prices,
contraction in demand or changes in the patterns of consumption, trade
restrictive practices of and competition between the foreign and domestic
producers, developments in technology and the export performance and
productivity of the domestic industry.
3.6 The effect of the dumped imports
shall be assessed in relation to the domestic production of the like
product when available data permit the separate identification of
that production on the basis of such criteria as the production process,
producers’ sales and profits. If such separate identification of that
production is not possible, the effects of the dumped imports shall
be assessed by the examination of the production of the narrowest
group or range of products, which includes the like product, for which
the necessary information can be provided.
3.7 A determination of a threat of
material injury shall be based on facts and not merely on allegation,
conjecture or remote possibility. The change in circumstances which
would create a situation in which the dumping would cause injury must
be clearly foreseen and imminent.
In making a determination regarding the existence of a threat of material
injury, the authorities should consider, inter alia, such factors
(i) a significant rate of increase of dumped imports into the domestic market indicating the likelihood of substantially increased importation;
(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumped exports to the importing Member’s market, taking into account the availability of other export markets to absorb any additional exports;
(iii) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand for further imports; and
(iv) inventories of the product being investigated.
one of these factors by itself can necessarily give decisive guidance
but the totality of the factors considered must lead to the conclusion
that further dumped exports are imminent and that, unless protective
action is taken, material injury would occur.
3.8 With respect to cases where injury
is threatened by dumped imports, the application of anti‑dumping
measures shall be considered and decided with special care.
Definition of Domestic Industry
For the purposes of this Agreement, the term “domestic industry”
shall be interpreted as referring to the domestic producers as a whole
of the like products or to those of them whose collective output of
the products constitutes a major proportion of the total domestic
production of those products, except that:
(i) when producers are related to the exporters or importers or are themselves importers of the allegedly dumped product, the term “domestic industry” may be interpreted as referring to the rest of the producers;
(ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the producers within such market sell all or almost all of their production of the product in question in that market, and (b) the demand in that market is not to any substantial degree supplied by producers of the product in question located elsewhere in the territory. In such circumstances, injury may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of dumped imports into such an isolated market and provided further that the dumped imports are causing injury to the producers of all or almost all of the production within such market.
4.2 When the domestic industry has
been interpreted as referring to the producers in a certain area,
i.e. a market as defined in paragraph 1(ii), anti‑dumping duties
shall be levied
only on the products in question consigned for final consumption to
that area. When the constitutional law of the importing Member does
not permit the levying of anti‑dumping duties on such a basis,
the importing Member may levy the anti‑dumping duties without
limitation only if (a) the exporters shall have been given
an opportunity to cease exporting at dumped prices to the area concerned
or otherwise give assurances pursuant to Article 8 and adequate assurances
in this regard have not been promptly given, and (b) such duties
cannot be levied only on products of specific producers which supply
the area in question.
4.3 Where two or more countries have
reached under the provisions of paragraph 8(a) of
Article XXIV of GATT 1994 such a level of integration that they
have the characteristics of a single, unified market, the industry
in the entire area of integration shall be taken to be the domestic
industry referred to in paragraph 1.
4.4 The provisions of paragraph 6 of
Article 3 shall be applicable to this Article.
Initiation and Subsequent Investigation
5.1 Except as provided for in paragraph
6, an investigation to determine the existence, degree and effect
of any alleged dumping shall be initiated upon a written application
by or on behalf of the domestic industry.
5.2 An application under paragraph
1 shall include evidence of (a) dumping, (b) injury
within the meaning of
Article VI of
GATT 1994 as interpreted by this Agreement and (c) a causal
link between the dumped imports and the alleged injury. Simple assertion,
unsubstantiated by relevant evidence, cannot be considered sufficient
to meet the requirements of this paragraph. The application shall
contain such information as is reasonably available to the applicant
on the following:
(i) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;
(ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;
(iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member;
(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.
5.3 The authorities shall examine the
accuracy and adequacy of the evidence provided in the application
to determine whether there is sufficient evidence to justify the initiation
of an investigation.
5.4 An investigation shall not be initiated
pursuant to paragraph 1 unless the authorities have determined, on
the basis of an examination of the degree of support for, or opposition
to, the application expressed
by domestic producers of the like product, that the application has
been made by or on behalf of the domestic industry.
The application shall be considered to have been made “by or on behalf
of the domestic industry” if it is supported by those domestic producers
whose collective output constitutes more than 50 per cent of the total
production of the like product produced by that portion of the domestic
industry expressing either support for or opposition to the application.
However, no investigation shall be initiated when domestic producers
expressly supporting the application account for less than 25 per
cent of total production of the like product produced by the domestic
5.5 The authorities shall avoid, unless
a decision has been made to initiate an investigation, any publicizing
of the application for the initiation of an investigation. However,
after receipt of a properly documented application and before proceeding
to initiate an investigation, the authorities shall notify the government
of the exporting Member concerned.
5.6 If, in special circumstances, the
authorities concerned decide to initiate an investigation without
having received a written application by or on behalf of a domestic
industry for the initiation of such investigation, they shall proceed
only if they have sufficient evidence of dumping, injury and a causal
link, as described in paragraph 2, to justify the initiation of an
5.7 The evidence of both dumping and
injury shall be considered simultaneously (a) in the decision
whether or not to initiate an investigation, and (b) thereafter,
during the course of the investigation, starting on a date not later
than the earliest date on which in accordance with the provisions
of this Agreement provisional measures may be applied.
5.8 An application under paragraph
1 shall be rejected and an investigation shall be terminated promptly
as soon as the authorities concerned are satisfied that there is not
sufficient evidence of either dumping or of injury to justify proceeding
with the case. There shall be immediate termination in cases where
the authorities determine that the margin of dumping is de minimis,
or that the volume of dumped imports, actual or potential, or the
injury, is negligible. The margin of dumping shall be considered to
be de minimis if this margin is less than 2 per cent, expressed
as a percentage of the export price. The volume of dumped imports
shall normally be regarded as negligible if the volume of dumped imports
from a particular country is found to account for less than 3 per
cent of imports of the like product in the importing Member, unless
countries which individually account for less than 3 per cent of the
imports of the like product in the importing Member collectively account
for more than 7 per cent of imports of the like product in the importing
5.9 An anti‑dumping proceeding
shall not hinder the procedures of customs clearance.
5.10 Investigations shall, except in special circumstances,
be concluded within one year, and in no case more than 18 months,
after their initiation.
6.1 All interested parties in an anti‑dumping
investigation shall be given notice of the information which the authorities
require and ample opportunity to present in writing all evidence which
they consider relevant in respect of the investigation in question.
or foreign producers receiving questionnaires used in an anti‑dumping
investigation shall be given at least 30 days for reply. Due consideration should
be given to any request for an extension of the 30‑day period
and, upon cause shown, such an extension should be granted whenever
to the requirement to protect confidential information, evidence presented
in writing by one interested party shall be made available promptly
to other interested parties participating in the investigation.
soon as an investigation has been initiated, the authorities shall
provide the full text of the written application received under paragraph
1 of Article 5 to the known exporters
and to the authorities of the exporting Member and shall make it available,
upon request, to other interested parties involved. Due regard shall
be paid to the requirement for the protection of confidential information,
as provided for in paragraph 5.
6.2 Throughout the anti-dumping investigation
all interested parties shall have a full opportunity for the defence
of their interests. To this end, the authorities shall, on request,
provide opportunities for all interested parties to meet those parties
with adverse interests, so that opposing views may be presented and
rebuttal arguments offered. Provision of such opportunities must take
account of the need to preserve confidentiality and of the convenience
to the parties. There shall be no obligation on any party to attend
a meeting, and failure to do so shall not be prejudicial to that party’s
case. Interested parties shall also have the right, on justification,
to present other information orally.
6.3 Oral information provided under
paragraph 2 shall be taken into account by the authorities only in
so far as it is subsequently reproduced in writing and made available
to other interested parties, as provided for in subparagraph 1.2.
6.4 The authorities shall whenever
practicable provide timely opportunities for all interested parties
to see all information that is relevant to the presentation of their
cases, that is not confidential as defined in paragraph 5, and that
is used by the authorities in an anti‑dumping investigation,
and to prepare presentations on the basis of this information.
6.5 Any information which is by nature
confidential (for example, because its disclosure would be of significant
competitive advantage to a competitor or because its disclosure would
have a significantly adverse effect upon a person supplying the information
or upon a person from whom that person acquired the information),
or which is provided on a confidential basis by parties to an investigation
shall, upon good cause shown, be treated as such by the authorities.
Such information shall not be disclosed without specific permission
of the party submitting it.
authorities shall require interested parties providing confidential
information to furnish non‑confidential summaries thereof. These
summaries shall be in sufficient detail to permit a reasonable understanding
of the substance of the information submitted in confidence. In exceptional
circumstances, such parties may indicate that such information is
not susceptible of summary. In such exceptional circumstances, a statement
of the reasons why summarization is not possible must be provided.
the authorities find that a request for confidentiality is not warranted
and if the supplier of the information is either unwilling to make
the information public or to authorize its disclosure in generalized
or summary form, the authorities may disregard such information unless
it can be demonstrated to their satisfaction from appropriate sources
that the information is correct.
6.6 Except in circumstances provided
for in paragraph 8, the authorities shall during the course of an
investigation satisfy themselves as to the accuracy of the information
supplied by interested parties upon which their findings are based.
6.7 In order to verify information
provided or to obtain further details, the authorities may carry out
investigations in the territory of other Members as required, provided
they obtain the agreement of the firms concerned and notify the representatives
of the government of the Member in question, and unless that Member
objects to the investigation. The procedures described in
Annex I shall apply to investigations carried out in the territory
of other Members. Subject to the requirement to protect confidential
information, the authorities shall make the results of any such investigations
available, or shall provide disclosure thereof pursuant to paragraph
9, to the firms to which they pertain and may make such results available
to the applicants.
6.8 In cases in which any interested
party refuses access to, or otherwise does not provide, necessary
information within a reasonable period or significantly impedes the
investigation, preliminary and final determinations, affirmative or
negative, may be made on the basis of the facts available. The provisions
of Annex II shall be observed in the application
of this paragraph.
6.9 The authorities shall, before a
final determination is made, inform all interested parties of the
essential facts under consideration which form the basis for the decision
whether to apply definitive measures. Such disclosure should take
place in sufficient time for the parties to defend their interests.
6.10 The authorities shall, as a rule, determine
an individual margin of dumping for each known exporter or producer
concerned of the product under investigation. In cases where the number
of exporters, producers, importers or types of products involved is
so large as to make such a determination impracticable, the authorities
may limit their examination either to a reasonable number of interested
parties or products by using samples which are statistically valid
on the basis of information available to the authorities at the time
of the selection, or to the largest percentage of the volume of the
exports from the country in question which can reasonably be investigated.
6.10.1 Any selection
of exporters, producers, importers or types of products made under
this paragraph shall preferably be chosen in consultation with and
with the consent of the exporters, producers or importers concerned.
6.10.2 In cases
where the authorities have limited their examination, as provided
for in this paragraph, they shall nevertheless determine an individual
margin of dumping for any exporter or producer not initially selected
who submits the necessary information in time for that information
to be considered during the course of the investigation, except where
the number of exporters or producers is so large that individual examinations
would be unduly burdensome to the authorities and prevent the timely
completion of the investigation. Voluntary responses shall not be
6.11 For the purposes of this Agreement, “interested
parties” shall include:
(i) an exporter or foreign producer or the importer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product;
(ii) the government of the exporting Member; and
(iii) a producer of the like product in the importing Member or a trade and business association a majority of the members of which produce the like product in the territory of the importing Member.
list shall not preclude Members from allowing domestic or foreign
parties other than those mentioned above to be included as interested
6.12 The authorities shall provide opportunities
for industrial users of the product under investigation, and for representative
consumer organizations in cases where the product is commonly sold
at the retail level, to provide information which is relevant to the
investigation regarding dumping, injury and causality.
6.13 The authorities shall take due account of any
difficulties experienced by interested parties, in particular small
companies, in supplying information requested, and shall provide any
6.14 The procedures set out above are not intended
to prevent the authorities of a Member from proceeding expeditiously
with regard to initiating an investigation, reaching preliminary or
final determinations, whether affirmative or negative, or from applying
provisional or final measures, in accordance with relevant provisions
of this Agreement.
Provisional measures may be applied only if:
(i) an investigation has been initiated in accordance with the provisions of Article 5, a public notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments;
(ii) a preliminary affirmative determination has been made of dumping and consequent injury to a domestic industry; and
(iii) the authorities concerned judge such measures necessary to prevent injury being caused during the investigation.
7.2 Provisional measures may take the
form of a provisional duty or, preferably, a security -- by cash deposit
or bond -- equal to the amount of the anti‑dumping duty provisionally
estimated, being not greater than the provisionally estimated margin
of dumping. Withholding of appraisement is an appropriate provisional
measure, provided that the normal duty and the estimated amount of
the anti‑dumping duty be indicated and as long as the withholding
of appraisement is subject to the same conditions as other provisional
7.3 Provisional measures shall not
be applied sooner than 60 days from the date of initiation of the
7.4 The application of provisional
measures shall be limited to as short a period as possible, not exceeding
four months or, on decision of the authorities concerned, upon request
by exporters representing a significant percentage of the trade involved,
to a period not exceeding six months. When authorities, in the course
of an investigation, examine whether a duty lower than the margin
of dumping would be sufficient to remove injury, these periods may
be six and nine months, respectively.
7.5 The relevant provisions of
Article 9 shall be followed in the application of provisional
8.1 Proceedings may
be suspended or terminated without the imposition of provisional measures
or anti‑dumping duties upon receipt of satisfactory voluntary
undertakings from any exporter to revise its prices or to cease exports
to the area in question at dumped prices so that the authorities are
satisfied that the injurious effect of the dumping is eliminated.
Price increases under such undertakings shall not be higher than necessary
to eliminate the margin of dumping. It is desirable that the price
increases be less than the margin of dumping if such increases would
be adequate to remove the injury to the domestic industry.
8.2 Price undertakings shall not be
sought or accepted from exporters unless the authorities of the importing
Member have made a preliminary affirmative determination of dumping
and injury caused by such dumping.
8.3 Undertakings offered need not be accepted
if the authorities consider their acceptance impractical, for example,
if the number of actual or potential exporters is too great, or for
other reasons, including reasons of general policy. Should the case
arise and where practicable, the authorities shall provide to the
exporter the reasons which have led them to consider acceptance of
an undertaking as inappropriate, and shall, to the extent possible,
give the exporter an opportunity to make comments thereon.
8.4 If an undertaking is accepted,
the investigation of dumping and injury shall nevertheless be completed
if the exporter so desires or the authorities so decide. In such a
case, if a negative determination of dumping or injury is made, the
undertaking shall automatically lapse, except in cases where such
a determination is due in large part to the existence of a price undertaking.
In such cases, the authorities may require that an undertaking be
maintained for a reasonable period consistent with the provisions
of this Agreement. In the event that an affirmative determination
of dumping and injury is made, the undertaking shall continue consistent
with its terms and the provisions of this Agreement.
8.5 Price undertakings may be suggested
by the authorities of the importing Member, but no exporter shall
be forced to enter into such undertakings. The fact that exporters
do not offer such undertakings, or do not accept an invitation to
do so, shall in no way prejudice the consideration of the case. However,
the authorities are free to determine that a threat of injury is more
likely to be realized if the dumped imports continue.
8.6 Authorities of an importing Member
may require any exporter from whom an undertaking has been accepted
to provide periodically information relevant to the fulfilment of
such an undertaking and to permit verification of pertinent data.
In case of violation of an undertaking, the authorities of the importing
Member may take, under this Agreement in conformity with its provisions,
expeditious actions which may constitute immediate application of
provisional measures using the best information available. In such
cases, definitive duties may be levied in accordance with this Agreement
on products entered for consumption not more than 90 days before the
application of such provisional measures, except that any such retroactive
assessment shall not apply to imports entered before the violation
of the undertaking.
Imposition and Collection of Anti-Dumping Duties
9.1 The decision whether or not to
impose an anti-dumping duty in cases where all requirements for the
imposition have been fulfilled, and the decision whether the amount
of the anti-dumping duty to be imposed shall be the full margin of
dumping or less, are decisions to be made by the authorities of the
importing Member. It is desirable that the imposition be permissive
in the territory of all Members, and that the duty be less than the
margin if such lesser duty would be adequate to remove the injury
to the domestic industry.
9.2 When an anti-dumping duty is imposed
in respect of any product, such anti-dumping duty shall be collected
in the appropriate amounts in each case, on a non-discriminatory basis
on imports of such product from all sources found to be dumped and
causing injury, except as to imports from those sources from which
price undertakings under the terms of this Agreement have been accepted.
The authorities shall name the supplier or suppliers of the product
concerned. If, however, several suppliers from the same country are
involved, and it is impracticable to name all these suppliers, the
authorities may name the supplying country concerned. If several suppliers
from more than one country are involved, the authorities may name
either all the suppliers involved, or, if this is impracticable, all
the supplying countries involved.
9.3 The amount of the anti-dumping
duty shall not exceed the margin of dumping as established under Article
the amount of the anti-dumping duty is assessed on a retrospective
basis, the determination of the final liability for payment of anti-dumping
duties shall take place as soon as possible, normally within 12 months,
and in no case more than 18 months, after the date on which a request
for a final assessment of the amount of the anti-dumping duty has
Any refund shall be made promptly and normally in not more than 90
days following the determination of final liability made pursuant
to this sub-paragraph. In any case, where a refund is not made within
90 days, the authorities shall provide an explanation if so requested.
the amount of the anti-dumping duty is assessed on a prospective basis,
provision shall be made for a prompt refund, upon request, of any
duty paid in excess of the margin of dumping. A refund of any such
duty paid in excess of the actual margin of dumping shall normally
take place within 12 months, and in no case more than 18 months, after
the date on which a request for a refund, duly supported by evidence,
has been made by an importer of the product subject to the anti-dumping
duty. The refund authorized should normally be made within 90 days
of the above-noted decision.
determining whether and to what extent a reimbursement should be made
when the export price is constructed in accordance with paragraph
3 of Article 2, authorities should take account
of any change in normal value, any change in costs incurred between
importation and resale, and any movement in the resale price which
is duly reflected in subsequent selling prices, and should calculate
the export price with no deduction for the amount of anti-dumping
duties paid when conclusive evidence of the above is provided.
9.4 When the authorities have limited
their examination in accordance with the second sentence of paragraph
10 of Article 6, any anti-dumping duty applied to
imports from exporters or producers not included in the examination
shall not exceed:
(i) the weighted average margin of dumping established with respect to the selected exporters or producers or,
(ii) where the liability for payment of anti-dumping duties is calculated on the basis of a prospective normal value, the difference between the weighted average normal value of the selected exporters or producers and the export prices of exporters or producers not individually examined,
that the authorities shall disregard for the purpose of this paragraph
any zero and de minimis margins and margins established under
the circumstances referred to in paragraph 8 of Article 6. The authorities
shall apply individual duties or normal values to imports from any
exporter or producer not included in the examination who has provided
the necessary information during the course of the investigation,
as provided for in subparagraph 10.2 of Article 6.
9.5 If a product is subject to anti-dumping
duties in an importing Member, the authorities shall promptly carry
out a review for the purpose of determining individual margins of
dumping for any exporters or producers in the exporting country in
question who have not exported the product to the importing Member
during the period of investigation, provided that these exporters
or producers can show that they are not related to any of the exporters
or producers in the exporting country who are subject to the anti-dumping
duties on the product. Such a review shall be initiated and carried
out on an accelerated basis, compared to normal duty assessment and
review proceedings in the importing Member. No anti-dumping duties
shall be levied on imports from such exporters or producers while
the review is being carried out. The authorities may, however, withhold
appraisement and/or request guarantees to ensure that, should such
a review result in a determination of dumping in respect of such producers
or exporters, anti-dumping duties can be levied retroactively to the
date of the initiation of the review.
10.1 Provisional measures and anti‑dumping
duties shall only be applied to products which enter for consumption
after the time when the decision taken under paragraph 1 of Article
7 and paragraph 1 of Article 9, respectively,
enters into force, subject to the exceptions set out in this Article.
10.2 Where a final determination of injury (but
not of a threat thereof or of a material retardation of the establishment
of an industry) is made or, in the case of a final determination of
a threat of injury, where the effect of the dumped imports would,
in the absence of the provisional measures, have led to a determination
of injury, anti‑dumping duties may be levied retroactively for
the period for which provisional measures, if any, have been applied.
10.3 If the definitive anti‑dumping duty is
higher than the provisional duty paid or payable, or the amount estimated
for the purpose of the security, the difference shall not be collected.
If the definitive duty is lower than the provisional duty paid or
payable, or the amount estimated for the purpose of the security,
the difference shall be reimbursed or the duty recalculated, as the
case may be.
10.4 Except as provided in paragraph 2, where a
determination of threat of injury or material retardation is made
(but no injury has yet occurred) a definitive anti-dumping duty may
be imposed only from the date of the determination of threat of injury
or material retardation, and any cash deposit made during the period
of the application of provisional measures shall be refunded and any
bonds released in an expeditious manner.
10.5 Where a final determination is negative, any
cash deposit made during the period of the application of provisional
measures shall be refunded and any bonds released in an expeditious
A definitive anti-dumping duty may be levied on products which
were entered for consumption not more than 90 days prior to the date
of application of provisional measures, when the authorities determine
for the dumped product in question that:
(i) there is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practises dumping and that such dumping would cause injury, and
(ii) the injury is caused by massive dumped imports of a product in a relatively short time which in light of the timing and the volume of the dumped imports and other circumstances (such as a rapid build-up of inventories of the imported product) is likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied, provided that the importers concerned have been given an opportunity to comment.
10.7 The authorities may, after initiating an investigation,
take such measures as the withholding of appraisement or assessment
as may be necessary to collect anti‑dumping duties retroactively,
as provided for in paragraph 6, once they have sufficient evidence
that the conditions set forth in that paragraph are satisfied.
10.8 No duties shall be levied retroactively pursuant
to paragraph 6 on products entered for consumption prior to the date
of initiation of the investigation.
Duration and Review of Anti-Dumping Duties and Price Undertakings
11.1 An anti-dumping duty shall remain in force
only as long as and to the extent necessary to counteract dumping
which is causing injury.
11.2 The authorities shall review the need for the
continued imposition of the duty, where warranted, on their own initiative
or, provided that a reasonable period of time has elapsed since the
imposition of the definitive anti-dumping duty, upon request by any
interested party which submits positive information substantiating
the need for a review.
Interested parties shall have the right to request the authorities
to examine whether the continued imposition of the duty is necessary
to offset dumping, whether the injury would be likely to continue
or recur if the duty were removed or varied, or both. If, as a result
of the review under this paragraph, the authorities determine that
the anti-dumping duty is no longer warranted, it shall be terminated
11.3 Notwithstanding the provisions of paragraphs
1 and 2, any definitive anti-dumping duty shall be terminated on a
date not later than five years from its imposition (or from the date
of the most recent review under paragraph 2 if that review has covered
both dumping and injury, or under this paragraph), unless the authorities
determine, in a review initiated before that date on their own initiative
or upon a duly substantiated request made by or on behalf of the domestic
industry within a reasonable period of time prior to that date, that
the expiry of the duty would be likely to lead to continuation or
recurrence of dumping and injury.
The duty may remain in force pending the outcome of such a review.
11.4 The provisions of Article 6
regarding evidence and procedure shall apply to any review carried
out under this Article. Any such review shall be carried out expeditiously
and shall normally be concluded within 12 months of the date of initiation
of the review.
11.5 The provisions of this Article shall apply
mutatis mutandis to price undertakings accepted under
Public Notice and Explanation of Determinations
12.1 When the authorities are satisfied that there
is sufficient evidence to justify the initiation of an anti-dumping
investigation pursuant to Article 5, the Member
or Members the products of which are subject to such investigation
and other interested parties known to the investigating authorities
to have an interest therein shall be notified and a public notice
shall be given.
12.1.1 A public notice of the initiation of an investigation shall contain,
or otherwise make available through a separate report,
adequate information on the following:
(i) the name of the exporting country or countries and the product involved;
(ii) the date of initiation of the investigation;
(iii) the basis on which dumping is alleged in the application;
(iv) a summary of the factors on which the allegation of injury is based;
(v) the address to which representations by interested parties should be directed;
(vi) the time-limits allowed to interested parties for making their views known.
12.2 Public notice shall be given of any preliminary
or final determination, whether affirmative or negative, of any decision
to accept an undertaking pursuant to Article 8,
of the termination of such an undertaking, and of the termination
of a definitive anti‑dumping duty. Each such notice shall set
forth, or otherwise make available through a separate report, in sufficient
detail the findings and conclusions reached on all issues of fact
and law considered material by the investigating authorities. All
such notices and reports shall be forwarded to the Member or Members
the products of which are subject to such determination or undertaking
and to other interested parties known to have an interest therein.
12.2.1 A public
notice of the imposition of provisional measures shall set forth,
or otherwise make available through a separate report, sufficiently
detailed explanations for the preliminary determinations on dumping
and injury and shall refer to the matters of fact and law which have
led to arguments being accepted or rejected. Such a notice or report
shall, due regard being paid to the requirement for the protection
of confidential information, contain in particular:
(i) the names of the suppliers, or when this is impracticable, the supplying countries involved;
(ii) a description of the product which is sufficient for customs purposes;
(iii) the margins of dumping established and a full explanation of the reasons for the methodology used in the establishment and comparison of the export price and the normal value under Article 2;
(iv) considerations relevant to the injury determination as set out in Article 3;
(v) the main reasons leading to the determination.
12.2.2 A public
notice of conclusion or suspension of an investigation in the case
of an affirmative determination providing for the imposition of a
definitive duty or the acceptance of a price undertaking shall contain,
or otherwise make available through a separate report, all relevant
information on the matters of fact and law and reasons which have
led to the imposition of final measures or the acceptance of a price
undertaking, due regard being paid to the requirement for the protection
of confidential information. In particular, the notice or report shall
contain the information described in subparagraph 2.1, as well as
the reasons for the acceptance or rejection of relevant arguments
or claims made by the exporters and importers, and the basis for any
decision made under subparagraph 10.2 of Article 6.
12.2.3 A public
notice of the termination or suspension of an investigation following
the acceptance of an undertaking pursuant to Article
8 shall include, or otherwise make available through a separate
report, the non‑confidential part of this undertaking.
Each Member whose national legislation contains provisions
on anti-dumping measures shall maintain judicial, arbitral or administrative
tribunals or procedures for the purpose, inter alia, of the
prompt review of administrative actions relating to final determinations
and reviews of determinations within the meaning of
Article 11. Such tribunals or procedures shall be independent
of the authorities responsible for the determination or review in
Anti-Dumping Action on Behalf of a Third Country
14.1 An application for anti-dumping action on behalf
of a third country shall be made by the authorities of the third country
14.2 Such an application shall be supported by price
information to show that the imports are being dumped and by detailed
information to show that the alleged dumping is causing injury to
the domestic industry concerned in the third country. The government
of the third country shall afford all assistance to the authorities
of the importing country to obtain any further information which the
latter may require.
14.3 In considering such an application, the authorities
of the importing country shall consider the effects of the alleged
dumping on the industry concerned as a whole in the third country;
that is to say, the injury shall not be assessed in relation only
to the effect of the alleged dumping on the industry’s exports to
the importing country or even on the industry’s total exports.
14.4 The decision whether or not to proceed with
a case shall rest with the importing country. If the importing country
decides that it is prepared to take action, the initiation of the
approach to the Council for Trade in Goods seeking its approval for
such action shall rest with the importing country.
Developing Country Members
It is recognized that special regard must be given by developed
country Members to the special situation of developing country Members
when considering the application of anti‑dumping measures under
this Agreement. Possibilities of constructive remedies provided for
by this Agreement shall be explored before applying anti‑dumping
duties where they would affect the essential interests of developing
Committee on Anti-Dumping Practices
16.1 There is hereby established a Committee on
Anti-Dumping Practices (referred to in this Agreement as the “Committee”)
composed of representatives from each of the Members. The Committee
shall elect its own Chairman and shall meet not less than twice a
year and otherwise as envisaged by relevant provisions of this Agreement
at the request of any Member. The Committee shall carry out responsibilities
as assigned to it under this Agreement or by the Members and it shall
afford Members the opportunity of consulting on any matters relating
to the operation of the Agreement or the furtherance of its objectives.
The WTO Secretariat shall act as the secretariat to the Committee.
16.2 The Committee may set up subsidiary bodies
16.3 In carrying out their functions, the Committee
and any subsidiary bodies may consult with and seek information from
any source they deem appropriate. However, before the Committee or
a subsidiary body seeks such information from a source within the
jurisdiction of a Member, it shall inform the Member involved. It
shall obtain the consent of the Member and any firm to be consulted.
16.4 Members shall report without delay to the Committee
all preliminary or final anti-dumping actions taken. Such reports
shall be available in the Secretariat for inspection by other Members.
Members shall also submit, on a semi-annual basis, reports of any
anti-dumping actions taken within the preceding six months. The semi-annual
reports shall be submitted on an agreed standard form.
16.5 Each Member shall notify the Committee (a)
which of its authorities are competent to initiate and conduct investigations
referred to in Article 5 and (b) its domestic procedures governing
the initiation and conduct of such investigations.
Consultation and Dispute Settlement
Except as otherwise provided herein, the
Settlement Understanding is applicable to consultations and the
settlement of disputes under this Agreement.
17.2 Each Member shall afford sympathetic consideration
to, and shall afford adequate opportunity for consultation regarding,
representations made by another Member with respect to any matter
affecting the operation of this Agreement.
17.3 If any Member considers that any benefit accruing
to it, directly or indirectly, under this Agreement is being nullified
or impaired, or that the achievement of any objective is being impeded,
by another Member or Members, it may, with a view to reaching a mutually
satisfactory resolution of the matter, request in writing consultations
with the Member or Members in question. Each Member shall afford sympathetic
consideration to any request from another Member for consultation.
17.4 If the Member that requested consultations
considers that the consultations pursuant to paragraph 3 have failed
to achieve a mutually agreed solution, and if final action has been
taken by the administering authorities of the importing Member to
levy definitive anti-dumping duties or to accept price undertakings,
it may refer the matter to the Dispute Settlement Body (“DSB”). When
a provisional measure has a significant impact and the Member that
requested consultations considers that the measure was taken contrary
to the provisions of paragraph 1 of Article 7,
that Member may also refer such matter to the DSB.
17.5 The DSB shall, at the request of the complaining
party, establish a panel to examine the matter based upon:
(i) a written statement of the Member making the request indicating how a benefit accruing to it, directly or indirectly, under this Agreement has been nullified or impaired, or that the achieving of the objectives of the Agreement is being impeded, and
(ii) the facts made available in conformity with appropriate domestic procedures to the authorities of the importing Member.
17.6 In examining the matter referred to in paragraph
(i) in its assessment of the facts of the matter, the panel shall determine whether the authorities’ establishment of the facts was proper and whether their evaluation of those facts was unbiased and objective. If the establishment of the facts was proper and the evaluation was unbiased and objective, even though the panel might have reached a different conclusion, the evaluation shall not be overturned;
(ii) the panel shall interpret the relevant provisions of the Agreement in accordance with customary rules of interpretation of public international law. Where the panel finds that a relevant provision of the Agreement admits of more than one permissible interpretation, the panel shall find the authorities’ measure to be in conformity with the Agreement if it rests upon one of those permissible interpretations.
17.7 Confidential information provided to the panel
shall not be disclosed without formal authorization from the person,
body or authority providing such information. Where such information
is requested from the panel but release of such information by the
panel is not authorized, a non-confidential summary of the information,
authorized by the person, body or authority providing the information,
shall be provided.
18.1 No specific action against dumping of exports
from another Member can be taken except in accordance with the provisions
of GATT 1994, as interpreted by this Agreement.
18.2 Reservations may not be entered in respect
of any of the provisions of this Agreement without the consent of
the other Members.
18.3 Subject to subparagraphs 3.1 and 3.2, the provisions
of this Agreement shall apply to investigations, and reviews of existing
measures, initiated pursuant to applications which have been made
on or after the date of entry into force for a Member of the WTO Agreement.
18.3.1 With respect
to the calculation of margins of dumping in refund procedures under
paragraph 3 of Article 9, the rules used in the
most recent determination or review of dumping shall apply.
18.3.2 For the purposes
of paragraph 3 of Article 11, existing anti‑dumping
measures shall be deemed to be imposed on a date not later than the
date of entry into force for a Member of the WTO Agreement, except
in cases in which the domestic legislation of a Member in force on
that date already included a clause of the type provided for in that
18.4 Each Member shall take all necessary steps,
of a general or particular character, to ensure, not later than the
date of entry into force of the WTO Agreement for it, the conformity
of its laws, regulations and administrative procedures with the provisions
of this Agreement as they may apply for the Member in question.
18.5 Each Member shall inform the Committee of any
changes in its laws and regulations relevant to this Agreement and
in the administration of such laws and regulations.
18.6 The Committee shall review annually the implementation
and operation of this Agreement taking into account the objectives
thereof. The Committee shall inform annually the Council for Trade
in Goods of developments during the period covered by such reviews.
The Annexes to this Agreement constitute an integral part thereof.
PROCEDURES FOR ON-THE-SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 7 OF ARTICLE 6
1. Upon initiation of
an investigation, the authorities of the exporting Member and the
firms known to be concerned should be informed of the intention to
carry out on-the-spot investigations.
2. If in exceptional circumstances
it is intended to include non-governmental experts in the investigating
team, the firms and the authorities of the exporting Member should
be so informed. Such non-governmental experts should be subject to
effective sanctions for breach of confidentiality requirements.
3. It should be standard
practice to obtain explicit agreement of the firms concerned in the
exporting Member before the visit is finally scheduled.
4. As soon as the agreement
of the firms concerned has been obtained, the investigating authorities
should notify the authorities of the exporting Member of the names
and addresses of the firms to be visited and the dates agreed.
5. Sufficient advance
notice should be given to the firms in question before the visit is
6. Visits to explain the
questionnaire should only be made at the request of an exporting firm.
Such a visit may only be made if (a) the authorities of the
importing Member notify the representatives of the Member in question
and (b) the latter do not object to the visit.
7. As the main purpose
of the on-the-spot investigation is to verify information provided
or to obtain further details, it should be carried out after the response
to the questionnaire has been received unless the firm agrees to the
contrary and the government of the exporting Member is informed by
the investigating authorities of the anticipated visit and does not
object to it; further, it should be standard practice prior to the
visit to advise the firms concerned of the general nature of the information
to be verified and of any further information which needs to be provided,
though this should not preclude requests to be made on the spot for
further details to be provided in the light of information obtained.
8. Enquiries or questions
put by the authorities or firms of the exporting Members and essential
to a successful on-the-spot investigation should, whenever possible,
be answered before the visit is made.
BEST INFORMATION AVAILABLE IN TERMS OF PARAGRAPH 8 OF ARTICLE 6
1. As soon as possible
after the initiation of the investigation, the investigating authorities
should specify in detail the information required from any interested
party, and the manner in which that information should be structured
by the interested party in its response. The authorities should also
ensure that the party is aware that if information is not supplied
within a reasonable time, the authorities will be free to make determinations
on the basis of the facts available, including those contained in
the application for the initiation of the investigation by the domestic
2. The authorities may
also request that an interested party provide its response in a particular
medium (e.g. computer tape) or computer language. Where such a request
is made, the authorities should consider the reasonable ability of
the interested party to respond in the preferred medium or computer
language, and should not request the party to use for its response
a computer system other than that used by the party. The authority
should not maintain a request for a computerized response if the interested
party does not maintain computerized accounts and if presenting the
response as requested would result in an unreasonable extra burden
on the interested party, e.g. it would entail unreasonable additional
cost and trouble. The authorities should not maintain a request for
a response in a particular medium or computer language if the interested
party does not maintain its computerized accounts in such medium or
computer language and if presenting the response as requested would
result in an unreasonable extra burden on the interested party, e.g.
it would entail unreasonable additional cost and trouble.
3. All information which
is verifiable, which is appropriately submitted so that it can be
used in the investigation without undue difficulties, which is supplied
in a timely fashion, and, where applicable, which is supplied in a
medium or computer language requested by the authorities, should be
taken into account when determinations are made. If a party does not
respond in the preferred medium or computer language but the authorities
find that the circumstances set out in paragraph 2 have been satisfied,
the failure to respond in the preferred medium or computer language
should not be considered to significantly impede the investigation.
4. Where the authorities do not have the ability to process information if provided in a particular medium (e.g. computer tape), the information should be supplied in the form of written material or any other form acceptable to the authorities.
5. Even though the information
provided may not be ideal in all respects, this should not justify
the authorities from disregarding it, provided the interested party
has acted to the best of its ability.
6. If evidence or information
is not accepted, the supplying party should be informed forthwith
of the reasons therefor, and should have an opportunity to provide
further explanations within a reasonable period, due account being
taken of the time-limits of the investigation. If the explanations
are considered by the authorities as not being satisfactory, the reasons
for the rejection of such evidence or information should be given
in any published determinations.
7. If the authorities
have to base their findings, including those with respect to normal
value, on information from a secondary source, including the information
supplied in the application for the initiation of the investigation,
they should do so with special circumspection. In such cases, the
authorities should, where practicable, check the information from
other independent sources at their disposal, such as published price
lists, official import statistics and customs returns, and from the
information obtained from other interested parties during the investigation.
It is clear, however, that if an interested party does not cooperate
and thus relevant information is being withheld from the authorities,
this situation could lead to a result which is less favourable to
the party than if the party did cooperate.
Sales of the like product destined for consumption in the
domestic market of the exporting country shall normally be considered
a sufficient quantity for the determination of the normal value
if such sales constitute
5 per cent or more of the sales of the product under consideration
to the importing Member, provided that a lower ratio shoulyd be acceptable
where the evidence demonstrates that domestic sales at such lower
ratio are nonetheless of sufficient magnitude to provide for a proper
When in this Agreement the term “authorities” is used, it shall be interpreted as meaning authorities at an appropriate senior level.
The extended period of time should
be one year but shall in no case be less than six months.
Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represents not less than 20 per cent of the volume sold in transactions under consideration for the determination of the normal value.
The adjustment made for start-up operations shall reflect
at the end of the start-up period or, if that period extends beyond
the period of investigation, the most recent costs which can reasonably
be taken into account by the authorities during the investigation.
It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have been already made under this provision.
Normally, the date of sale would be the date of
purchase order, order confirmation, or invoice, whichever establishes
the material terms of sale.
Under this Agreement the term “injury” shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of this Article.
One example, though not an exclusive one, is that there is
convincing reason to believe that there will be, in the near future,
substantially increased importation of the product at dumped prices.
For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter.
As used in this Agreement “levy” shall mean the definitive
or final legal assessment
or collection of a duty or tax.
In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques.
Members are aware that in the territory of certain Members
employees of domestic producers of the like product or representatives
of those employees may make or support an application for an investigation
under paragraph 1.
As a general rule, the time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the date on which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the exporting Member or, in the case of a separate customs territory Member of the WTO, an official representative of the exporting territory.
It being understood that, where the number of exporters
involved is particularly high, the full text of the written application
should instead be provided only to the authorities of the exporting
Member or to the relevant trade association.
Members are aware that in the territory of certain Members disclosure pursuant to a narrowly-drawn protective order may be required.
Members agree that requests for confidentiality should not
The word “may” shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation of price undertakings except as provided in paragraph 4.
It is understood that the observance of the time-limits mentioned
in this subparagraph and in subparagraph 3.2 may not be possible
where the product in question is subject to judicial review proceedings.
A determination of final liability for payment of anti-dumping duties, as provided for in paragraph 3 of Article 9, does not by itself constitute a review within the meaning of this Article.
Where authorities provide information and explanations under the provisions of this Article in a separate report, they shall ensure that such report is readily available to the public.