Anti-dumping and Countervailing Duties. 1. The contracting parties recognize that dumping, by which products of one country are introduced into the commerce of another country at less than the normal value of the products, is to be condemned if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry. For the purposes of this Article, a product is to be considered as being introduced into the commerce of an importing country at less than its normal value, if the price of the product exported from one country to another
(a) is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country, or,
(b) in the absence of such domestic price, is less than either
(i) the highest comparable price for the like product for export to any third country in the ordinary course of trade, or
(ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit. Due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation, and for other differences affecting price comparability.*
2. In order to offset or prevent dumping, a contracting party may levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 1.*
3. No countervailing duty shall be levied on any product of the territory of any contracting party imported into the territory of another contracting party in excess of an amount equal to the estimated bounty or subsidy determined to have been granted, directly or indirectly, on the manufacture, production or export of such product in the country of origin or exportation, including any special subsidy to the transportation of a particular product. The term "countervailing duty" shall be understood to mean a special duty levied for the purpose of offsetting any bounty or subsidy bestowed, directly, or indirectly, upon the manufacture, production or export of any merchandise.*
4. No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to anti-dumping or countervailing duty by reason of the exemption of such product from duties or taxes borne by the...
Anti-dumping and Countervailing Duties. 1. Member States affirm their rights and obligations with respect to each other relating to the application of anti-dumping under Article VI of GATT 1994 and the Agreement on Implementation of Article VI of General Agreement on Tariffs and Trade 1994 as contained in Annex 1A to the WTO Agreement.
2. Member States affirm their rights and obligations with respect to each other relating to subsidies and countervailing measures under Article XVI of GATT 1994 and the Agreement on Subsidies and Countervailing Measures as contained in Annex 1A to the WTO Agreement.
Anti-dumping and Countervailing Duties. 1. Each Party retains its rights and obligations under the WTO Agreement with regard to the application of anti-dumping and countervailing duties.
2. No provision of this Treaty, including the provisions of chapter 13 (dispute settlement), shall be construed as imposing any rights or obligations on the parties with regard to actions on anti-dumping and countervailing duties.
Anti-dumping and Countervailing Duties. 1. None of the provisions of this Agreement shall prevent the UK or Ghana from taking anti-dumping or countervailing measures under the relevant WTO Agreements, in particular the Agreement on Implementation of Article VI of the GATT 1994 and the Agreement on Subsidies and Countervailing Measures which figure in Annex 1A to the Agreement establishing the WTO.
2. For the purposes of applying this Article, origin shall be determined in accordance with the non-preferential rules of origin of the Parties.
3. The special situation of Ghana as a developing country shall be taken into account when the application of anti-dumping or countervailing measures is considered. Before imposing definitive anti-dumping or countervailing measures, the Parties shall consider the possibility of constructive solutions, such as those provided for in the relevant WTO Agreements. The investigating authorities, may, in particular, carry out appropriate consultations for this purpose.
4. The provisions of this Article shall be applicable to all investigations initiated after this Agreement enters into force.
5. The provisions of this Article shall not be subject to the dispute settlement provisions of this Agreement.
Anti-dumping and Countervailing Duties. 1. Each Party retains its rights and obligations under article VI of the GATT 1994 and the WTO Anti-Dumping Agreement and the WTO Agreement on Subsidies, with respect to the application of anti-dumping and countervailing duties.
2. Except as provided in paragraph 3, nothing in this Treaty shall be construed as imposing any rights or obligations on the parties with respect to antidumping and countervailing duties.
3. Without prejudice to article 6.5 of the WTO Anti-Dumping Agreement and Article 12.4 of the WTO Agreement on Subsidies and in accordance with Article 6.9 of the WTO Anti-Dumping Agreement and Article 12.8 of the WTO Agreement on Subsidies, the competent investigating authority shall give full and meaningful disclosure of all essential facts and considerations which form the basis for the decision on the implementation of definitive measures. in this regard, the competent investigating authority shall send to interested parties a written report containing such information, and allow interested parties sufficient time to make their comments and oral and written rebuttal to this report.
4. For the purposes of this section, competent investigating authority means:
(a) Costa Rica: trade defence department of the Ministry of Economy, Industry and Trade; and
(b) Peru: the National Institute for the Defense of Competition and Protection of intellectual property, or their successors.
5. Chapter 15 (dispute settlement) shall not apply to this section.
Anti-dumping and Countervailing Duties. General Provisions The Parties retain their rights and obligations under Article VI of GATT 1994, the AD Agreement, and the SCM Agreement. This Section affirms and builds on those rights and obligations. In any proceeding in which the investigating authorities of a Party determine to conduct an on-the-spot investigation to verify information provided by a respondent31 and pertinent to the calculation of anti-dumping duty margins or the level of a countervailable subsidy, the investigating authorities shall promptly notify that respondent of their intent, and: shall endeavour to provide to the respondent at least seven days advance notice of the date on which investigating authorities intend to conduct any such on-the-spot investigation to verify the information; and shall endeavour to, at least seven days prior to any such on-the-spot investigation to verify the information, provide to the respondent a document that sets forth the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation the respondent is to make available for review, provided that the implementation of subparagraphs (a) and (b) does not unnecessarily delay the conduct of the investigation. A Party’s investigating authorities shall maintain a non-confidential file for each investigation and review containing: all non-confidential documents which are part of the record of the investigation or review; and to the extent feasible without revealing confidential information, non-confidential summaries of confidential information contained in the record of each investigation or review. During an investigation or review, a Party’s investigating authorities shall make the non-confidential file of the investigation or review available to interested parties either: physically for inspection and copying during the investigation authorities’ normal business hours; or electronically.
Anti-dumping and Countervailing Duties. Subsidies and Safeguard Measures
Anti-dumping and Countervailing Duties. 1. Each Party retains its rights and obligations under Article VI of GATT 1994, the WTO Agreement on Implementation of Article VI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures, as they may be amended, with regard to the application of anti-dumping and countervailing duties.
2. No provision of this Agreement, including the provisions of Chapter 12 (Dispute Settlement), shall be construed as imposing any rights or obligations on the Parties with respect to anti-dumping or countervailing duty measures.
Anti-dumping and Countervailing Duties. Except as provided in this Chapter, an antidumping measure or countervailing duty imposed by a Party on the goods imported from territory of the other Party shall be subject to Article VI of the GATT 1994, AD Agreement and the SCM Agreement, as appropriate.
Anti-dumping and Countervailing Duties. 1. The parties condemn any unfair trade practice and undertake to eliminate the measures that may cause to bilateral trade distortion.
2. In this regard, undertake not to grant new export subsidies affecting trade between the parties and not later than 31 December 2002, do not apply to the reciprocal trade under the release of this Agreement, incentives programmes or that constitute export subsidies. The programme shall not apply to products which after the liberation, 31.12.2002 enjoy export subsidies.
1. If in the reciprocal trade distortions arising from the application of export subsidies or grants actionable according to the WTO and other unfair trading practices, the affected country may apply the measures provided for in its national legislation. Without prejudice to the foregoing be conducted simultaneously, an exchange of information through the competent national authorities referred to in annex 15.1.1.
2. The Parties shall apply their rules and procedures in these fields, in accordance with the GATT 1994 and the WTO Agreement.
