Anti Dumping Agreement Pdf
The World Trade Organization (WTO) Anti-Dumping Agreement, commonly known as the Anti-Dumping Agreement, regulates the application of anti-dumping measures by WTO member states. The rules set out in the Convention on the Taking of Evidence stipulate that as soon as government authorities initiate an investigation, they must make the full text of the written request available 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 can be expressed and rebuttal arguments can be made. Before definitively establishing the existence of dumping, government authorities must inform all interested parties of the essential facts to be examined and give them sufficient time to defend their interests. If an undertaking is accepted, the dumping and injury investigation shall nevertheless be terminated if the exporter so wishes or if the authorities so decide. Where, in such a case, a negative finding of dumping or injury is made, the undertaking automatically lapses, unless such a finding is due in large part to the existence of a price undertaking. In such cases, the authorities may require that an obligation be maintained for a reasonable period of time in accordance with the provisions of this Agreement. If dumping and injury are confirmed, the undertaking shall be maintained in accordance with its conditions and the provisions of this Agreement. Once the consent of the companies concerned has been obtained, the investigating authorities should inform the authorities of the exporting Member State of the names and addresses of the companies to be visited and of the agreed dates. The agreement stipulates that an anti-dumping duty will remain in force for as long as necessary to combat injurious dumping.
It contains a “sunset” provision that the duty will be lifted five years after it is imposed, unless government authorities determine, in a review, that the lifting of the duty would result in the continuation or recurrence of dumping and injury. Where the definitive anti-dumping duty is higher than the provisional duty paid or payable or the amount estimated for the purposes of the security, the difference shall not be collected. Where the final duty is less than the provisional duty paid or payable or the amount estimated for the purposes of the guarantee, the difference shall be refunded or the duty recalculated. Subject to the exceptions provided for in this Article, provisional measures and anti-dumping duties shall apply only to products placed on the market for consumption after the date of entry into force of the decision referred to in Articles 7(1) and 9(1) respectively. Where the Member requesting consultations considers that the consultations referred to in paragraph 3 have not resulted in an amicable solution and that the managing authorities of the importing Member have taken definitive measures with a view to imposing definitive anti-dumping duties or accepting price undertakings, it may refer the matter to the Dispute Settlement Body (hereinafter referred to as “DPO”). Where a provisional measure has a significant impact and the Member which has requested consultations considers that the measure has been taken in breach of Article 7(1), that Member may also refer the matter to the Dispute Settlement Body. Exporting or foreign producers receiving questionnaires used in an anti-dumping investigation shall be given a period of at least 30 days (15). Any request for an extension of the 30-day period should be duly considered and, where there is a proven reason, such an extension should be granted to the extent possible. Under the agreement, it is up to the government of the importing country to decide whether or not to impose anti-dumping duties. (The agreement provides for the possibility of not imposing customs duties if all the conditions for levying such duties are met, but not all authorities allow such a possibility.) The duty imposed by the Government cannot exceed the margin of dumping, but the Agreement allows it to be reduced if it is sufficient to eliminate the injury suffered by the domestic industry. A public notice on the imposition of provisional measures shall provide sufficiently detailed explanations of the provisional findings of dumping and injury or otherwise provide them by means of a separate report and shall mention the factual and legal elements which led to the adoption or rejection of the arguments. That notice or report shall include, with due regard to the need to protect confidential information, including the following: except in the cases provided for in paragraph 6, an investigation shall be initiated at the written request of the domestic industry or on behalf of the domestic industry with a view to establishing the existence, extent and effects of the alleged dumping.
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