Anti Dumping Agreement Text
6.4 The authorities give all interested parties the opportunity, in due course, to consult all information useful to the presentation of their cases, which are not confidential within the meaning of paragraph 5 and which are used by the authorities in the context of an anti-dumping investigation, and to prepare submissions on the basis of this information. The provisions of the agreement for the collection of evidence stipulate that, upon initiation of an investigation, the public authorities must provide the full text of the written application to all known exporters. All interested parties will have access to non-confidential information and will have the opportunity to meet with parties with adverse interests, so that opposing views and rebuttal arguments can be advanced. Before deciding definitively whether dumping has occurred, government authorities must inform all interested parties of the essential facts and give them sufficient time to defend their interests. dumping margins and a full explanation of the reasons for the method used to determine and compare the export price and the normal value in accordance with Article 2; Provisional measures and anti-dumping duties apply only to products imported for consumption after the effective date of the section 7, paragraph 1 and Article 9, paragraph 1 decision, subject to the exceptions in this article. 6.1 All parties interested in an anti-dumping investigation will be informed of the information requested by the authorities and will have the opportunity to provide in writing all the evidence they deem relevant to the investigation in question. (i) a significant increase in domestic dumped imports, indicating the likelihood of a significant increase in imports; Where an anti-dumping duty is instituted for a product, this anti-dumping duty is levied, on a non-discriminatory basis, on imports of that product from all sources deemed to be dumping and damage, with the exception of imports from sources for which price commitments have been accepted in accordance with this agreement. The authorities cite the supplier or suppliers of the product concerned. However, if several suppliers from the same country are involved and it is not possible to designate all of these suppliers, the authorities can designate the supplier country concerned. If multiple suppliers from more than one country are involved, the public authorities can designate either all the suppliers involved or, if this is not possible, all the supplier countries concerned. It is recognized that members of developed countries have paid particular attention to the particular situation of members of developing countries when applying anti-dumping measures under this agreement.
The possibilities for constructive remedial measures under this agreement are discussed prior to the application of anti-dumping duties if they undermine the essential interests of members of developing countries. The harm is caused by the massive imports of a dumped product in a relatively short period of time, which, given the date and volume of dumped imports and other circumstances (such as the rapid accumulation of stocks of the imported product), may seriously compromise the corrective effect of the final anti-dumping duty to be applied, provided that the importers concerned have had the opportunity to make their submissions. Under the agreement, it is up to the government of the importing country to decide whether anti-dumping duties should be collected or not. (The agreement provides for the possibility of not imposing tariffs if all the conditions required for the collection of these duties are met but not all authorities allow such a possibility.) The tariff rate set by the government cannot exceed the margin of dumping, but the agreement reduces it if it is sufficient to eliminate the harm suffered by domestic industry.