Common use of Anti-dumping and Countervailing Measures Clause in Contracts

Anti-dumping and Countervailing Measures. 1. Each Party retains its rights and obligations under Article VI of GATT 1994, the AD Agreement, and the SCM Agreement regarding the application of anti-dumping and countervailing measures. 2. During any anti-dumping and countervailing duty investigation involving the Parties, the Parties agree to exchange all notifications, exporter/producer questionnaires, and information requirements2 in English. 3. Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or subsidies, and the investigating Party shall endeavor to apply a duty which is less than the margin of dumping or subsidies, if such lesser duty would be adequate to remove the injury to the domestic industry. 4. Upon receipt by a Party's competent investigating authority of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent investigating authority regarding the application, as provided for in Article 13 of the SCM Agreement. 5. Where a Party's competent investigating authority conducts an anti-dumping or countervailing duty investigation with respect to imports from the other Party, in addition to the notifications in accordance with the relevant provisions of the AD Agreement and the SCM Agreement, and independently of the notifications provided directly to the producers or exporters, it shall provide to the other Party written notification of the initiation of such investigation procedure, together with a copy of the exporter/producer questionnaire and the list of the known main exporters or producers. 6. The Party that received the notification in accordance with paragraph 5: (a) shall endeavor to send the list of producers and exporters of the good under investigation to the competent investigating authority of the other Party, together with their addresses, within 30 days; 2 The parties concerned shall provide all documents and information required by the competent investigating authority through the exporter/producer questionnaires and information requirements in the competent investigating authority's official national language. The competent investigating authority shall accept translations of such documents and information, as long as the translator's identification and signature are included. (b) shall endeavor to inform the exporters or producers, or the relevant trade or industrial associations of the good under investigation, of the information received from the competent investigating authority of the other Party; and (c) may collect responses of the exporters or producers to the questionnaire and send the collected responses to the competent investigating authority of the other Party by the due date specified in the questionnaire.

Anti-dumping and Countervailing Measures. General 1. Each Party retains its rights and obligations under The Parties recognise the right to apply measures consistent with Article VI of the GATT 1994, the AD Anti-Dumping Agreement, and the SCM Agreement regarding Agreement, as well as the application importance of anti-dumping and countervailing measures. 2. During any promoting transparency in anti-dumping and countervailing duty investigation involving proceedings and ensuring the Partiesopportunity of all interested parties to participate meaningfully in such proceedings. 2. Except for paragraph 4, the Parties agree nothing in this Agreement shall be construed to exchange all notifications, exporter/producer questionnaires, and information requirements2 in Englishimpose any rights or obligations on a Party with respect to anti dumping or countervailing duty measures. 3. Should Neither Party may have recourse to dispute settlement under Chapter 16 (Dispute Settlement) for any matter arising under this Article. Practices Relating to Anti-dumping and Countervailing Duty Proceedings 4. The Parties recognise the following practices as promoting the goals of transparency and due process in anti-dumping and countervailing duty proceedings: (a) upon receipt by a Party decide to impose an Party’s investigating authorities of a properly documented anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or subsidies, and the investigating Party shall endeavor to apply a duty which is less than the margin of dumping or subsidies, if such lesser duty would be adequate to remove the injury to the domestic industry. 4. Upon receipt by a Party's competent investigating authority of a properly documented countervailing duty application with respect to imports from the other Party, and no later than 10 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford to the other Party a meeting to consult with its competent investigating authority regarding the application, as provided for in Article 13 of the SCM AgreementParty. 5. Where (b) immediately after a Party's competent investigating authority conducts Party accepts an anti-dumping or countervailing duty investigation application, and in any event before the Party initiates an investigation, the Party shall invite the other Party, to hold consultations, with respect the aim of clarifying the situation as to the matters referred to in the application. (c) without prejudice to the obligation to afford reasonable opportunity for consultation, these provisions regarding consultations are not intended to prevent the authorities of a Party from proceeding expeditiously with regard to initiating the investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with its laws and regulations. (d) in any proceeding in which the investigating authorities determine to conduct an on-spot verification of information that is provided by a respondent (9), the investigating authorities shall promptly notify each respondent of their intent, and: (i) provide to each respondent at least 14 working days advance notice of the dates on which the authorities intend to conduct an on-spot verification of the information; and (ii) at least seven working days prior to an on-spot verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for the purpose of verification. (e) if, in an anti-dumping or countervailing duty action that involves imports from the other Party, in addition a Party’s investigating authorities determine that a timely response to a request for information does not comply with the request, the investigating authorities shall inform the interested party that submitted the response of the nature of the deficiency and, to the notifications extent practicable in accordance light of time limits established to complete the anti-dumping or countervailing duty action, provide that interested party with an opportunity to remedy or explain the relevant provisions deficiency. If that interested party submits further information in response to that deficiency and the investigating authorities find that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authorities disregard all or part of the AD original and subsequent responses, the investigating authorities shall explain in the determination or otherwise in writing the reasons for disregarding the information. (f) without prejudice to paragraph 5 of Article 6 of the Anti Dumping Agreement and paragraph 4 of Article 12 of the SCM Agreement, the investigating authorities shall ensure that in any case before the determination is made, full and independently meaningful disclosure to interested parties of all essential facts and considerations which form the basis for the decision to apply measures. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments. (g) the disclosure of the notifications provided directly essential facts shall contain in particular: (i) in the case of an anti-dumping investigation, the margins of dumping established, a sufficiently detailed explanation of the basis and methodology upon which normal values and export prices were established, and of the methodology used to compare the normal values and export prices, including any adjustments; (ii) in the case of a countervailing duty investigation, the determination of countervailable subsidization, including sufficient details on the calculation of the amount and methodology followed to determine the existence of subsidization; and (iii) information relevant to the producers or exportersdetermination of injury, it shall provide to including information concerning the other Party written notification volume of the initiation of such investigation procedure, together with a copy dumped or subsidised imports and the effect of the exporter/producer questionnaire dumped or subsidised imports on prices in the domestic market for like goods, the detailed methodology used in the calculation of price undercutting, the consequent impact of the dumped or subsidised imports on the domestic industry, and the list demonstration of a causal relationship, including the known main exporters examination of factors other than the dumped or producerssubsidised imports. 6. The Party that received the notification in accordance with paragraph 5: (a) shall endeavor to send the list of producers and exporters of the good under investigation to the competent investigating authority of the other Party, together with their addresses, within 30 days; 2 The parties concerned shall provide all documents and information required by the competent investigating authority through the exporter/producer questionnaires and information requirements in the competent investigating authority's official national language. The competent investigating authority shall accept translations of such documents and information, as long as the translator's identification and signature are included. (b) shall endeavor to inform the exporters or producers, or the relevant trade or industrial associations of the good under investigation, of the information received from the competent investigating authority of the other Party; and (c) may collect responses of the exporters or producers to the questionnaire and send the collected responses to the competent investigating authority of the other Party by the due date specified in the questionnaire.