Anti-Dumping Measures. 1. With respect to the application of anti-dumping measures, the Parties reaffirm their commitment to the provisions of the WTO Agreement on Implementation of Article VI of the GATT 1994.
2. The Parties agree to observe the following practices in anti-dumping cases between them:
(a) the time frame to be used for determining the volume of dumped imports in an investigation or review shall be representative of the imports of both dumped and non-dumped goods, for a reasonable period, and such reasonable period shall normally be at least 12 months;
(b) if a decision is taken to impose an anti-dumping duty pursuant to Article 9.1 of the WTO Agreement on Implementation of Article VI of the GATT 1994, the Party taking such a decision, shall normally apply the “lesser duty” rule, by imposing a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industry; and
(c) notification procedures shall be as follows:
(i) immediately following the acceptance by a Party of a properly documented application from an industry in that Party for the initiation of an anti-dumping investigation in respect of goods from the other Party, the first Party shall immediately inform the other Party;
(ii) where a Party considers that, in accordance with Article 5 of the WTO Agreement on Implementation of Article VI of the GATT 1994, there is sufficient evidence to justify the initiation of an anti- dumping investigation, it shall give written notice to the other Party and shall act in accordance with Article 17.2 of that Agreement concerning consultations.
3. At reviews of this Agreement under Article 3 (Review) of Chapter 17 (Final Provisions), the Parties shall review this Article, including a consideration of any recommendations by the WTO Committee on Anti-Dumping Practices.
Anti-Dumping Measures. 1. With respect to the application of anti-dumping measures, the Parties reaffirm their commitment to the provisions of the WTO Agreement on Implementation of Article VI
Anti-Dumping Measures. 1. The rights and obligations of the Parties relating to application of anti-dumping measures shall be governed by Article VI of the GATT 1994 and the Anti-Dumping Agreement.
2. In order to enhance transparency:
(a) the Parties confirm their current practice of counting toward the average all individual margins, whether positive or negative, when anti-dumping margins are established on the weighted-to-weighted basis or transaction-to-transaction basis, or weighted-to-transaction basis, and share their expectation that such practice will continue; and
(b) the Party making a decision to impose an anti-dumping duty pursuant to Article 9.1 of the Anti-Dumping Agreement, will normally apply the ‘lesser duty’ rule, by imposing a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industry.
Anti-Dumping Measures. 1. The Parties shall apply anti-dumping measures in accordance with the provisions of Article VI of GATT 1994 and the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, in Annex 1A to the WTO Agreement.
2. For the purposes of conducting anti-dumping investigations and applying anti-dumping measures by Viet Nam, the Member States of the Eurasian Economic Union shall be considered individually and not as the Eurasian Economic Union as a whole, unless both Parties agree otherwise.
Anti-Dumping Measures. 1. Except as otherwise provided for in this Article, each Party retains its rights and obligations under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 contained in Annex 1A to the WTO Agreement.
2. The Parties agree to enhance dialogue in matters of anti-dumping to afford each other fair and transparent treatment. The Parties will afford adequate opportunity for consultations to exchange information on issues raised by the other Party with respect to such matters, including through the regular holding of a High Level Dialogue on Trade Remedies.
Anti-Dumping Measures. 1. Each Party retains its rights and obligations under the WTO Agreement on Implementation of Article VI
Anti-Dumping Measures. 1. As soon as possible, but no longer than five working days, following the receipt of a properly documented application from an industry in one Party for the initiation of an anti-dumping investigation in respect of products from the other Party, the Party that has received the properly documented application shall give written notice to the other Party through the Contact Points designated pursuant to this Chapter.
2. Where a Party considers that in accordance with Article 5 of the Anti- Dumping Agreement, there is sufficient evidence to justify the initiation of an anti- dumping investigation, it shall provide the notification required by Article 12.1 of that Agreement in writing to the other Party within five working days of the decision to initiate an investigation.
3. A Party shall respond within ten working days of any request for consultations made in accordance with Article 17.2 of the Anti-Dumping Agreement, in respect of a decision to initiate an investigation. This is without prejudice to the rights of the Parties under Article 17 of the Anti-Dumping Agreement.
4. The time period to be used for determining if the volume of dumped imports is “negligible”, as the term is understood in Article 5.8 of the Anti- Dumping Agreement, shall be either:
(a) the period of data collection for the dumping investigation;
(b) the most recent 12 consecutive months prior to initiation for which data are available; or
(c) the most recent 12 consecutive months prior to the date on which the application was filed, for which data are available, provided that the lapse of time between the filing of the application and the initiation of the investigation is no longer than 90 days.
5. Each Party shall inform the other Party through their designated Contact Points at the time of entry into force of this Agreement which of the time periods in paragraph 4 they shall use. If in any investigation the chosen methodology is not utilised, one of the two other methodologies shall be adopted and the other Party shall be notified through their Contact Point of the change in methodology, along with an explanation of the reasons for the change. Any Party which adopts the time period mentioned in paragraph 4(c) shall also notify which of the other two time periods they shall use in any case in which the lapse of time between the filing of the application and the initiation of the investigation is longer than 90 days, unless a Party's domestic law prohibits such a lapse.
Anti-Dumping Measures. 1. The Parties maintain their rights and obligations under Article VI of GATT 1994 and the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.
2. Pursuant to Article 5(5) of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, a Party that has received a properly documented application from an industry in its Area for the initiation of an anti-dumping investigation in respect of products from the other Party shall, as soon as possible but no later than seven days following receipt, give written notice to the other Party through the contact point designated pursuant to Article 5.
Anti-Dumping Measures. Nothing in this Agreement affects the rights and obligations of the Parties under Article VI of GATT 1994 and the Anti-Dumping Agreement with regard to the application of anti-dumping measures.
Anti-Dumping Measures. 1. The Parties maintain their rights and obligations under Article VI of GATT 1994 and the Agreement on Implementation of Article VI of GATT 1994 (“WTO Agreement on Anti-dumping”).
2. Anti-dumping actions taken pursuant to Articles VI of GATT 1994 and the WTO Agreement on Anti-dumping shall not be subject to Chapter 20 (Dispute Settlement).
3. Notwithstanding paragraph 1, the Parties shall observe the following practices in anti- dumping cases between them in order to enhance transparency in the implementation of the WTO Anti-dumping Agreement:
(a) when anti-dumping margins are established on the weighted average basis, all individual margins, whether positive or negative, should be counted toward the average; and
(b) if a decision is taken to impose an anti-dumping duty pursuant to Article 9.1 of the WTO Agreement on Anti-dumping, the Party taking such a decision, should apply the ‘lesser duty’ rule, by imposing a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industry.
