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.