Common use of Anti-Dumping Measures Clause in Contracts

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 measuresExcept as otherwise provided in this Article, the Parties reaffirm their commitment to the provisions of each Party retains its rights and obligations under the WTO Agreement on the Implementation of Article VI of the GATT 1994. 21994 (WTO Anti-Dumping Agreement). The For the purposes of this Agreement, both Parties agree to observe the following practices changes in terms of implementation of the WTO Anti-Dumping Agreement, in order to bring greater discipline to anti- dumping investigations and to minimise the opportunities to use anti-dumping cases between themin an arbitrary or protectionist manner: (a) the de minimis margin of 2 per cent, expressed as a percentage of the export price below which there shall be immediate termination of an investigation as provided for in Article 5.8 of the WTO Anti-Dumping Agreement, is raised to 5 per cent; (b) the volume of dumped imports normally regarded as negligible under Article 5.8 of the WTO Anti-Dumping Agreement is raised from 3 per cent to 5 per cent of imports of the like good in the importing Party, below which there shall be an immediate termination of an investigation; (c) Articles 2.8.1(a) and (b) shall apply to investigations and review cases initiated after the entry into force of this Agreement; (d) Article 14 of the WTO Anti-Dumping Agreement on third country dumping shall not be applied by the Parties; (e) the time frame to be used for determining material injury, calculation of the volume of dumped imports in an investigation or review shall be representative of the imports of both dumped and non-dumped goods, goods and shall be for a reasonable period, and such reasonable period shall normally be at least 12 months; (bf) any anti-dumping duty shall be terminated on a date not later than 3 years from the date that the duty was imposed. In exceptional circumstances, the authorities of the Party applying such measure may initiate such review and consider the continued application of such measure; (g) 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 1994Anti-Dumping Agreement, the Party taking such a decision, shall normally where possible, apply the “‘lesser duty” ’ rule, by imposing i.e. a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industryinjury; and (ch) notification procedures in the conduct of investigations and reviews, the margin of dumping and the resulting dumping duty based on such margin shall be as follows:calculated by strict price comparison on the basis of transaction to transaction, and weighted average to weighted average, and not weighted-average price and individual price. Where weighted-average prices are used, such prices shall be calculated based on the entire period of investigation, and not any particular period therein. (i) immediately 2. Immediately following the acceptance by a Party of a properly documented application from an industry in that a Party for the initiation of an anti-dumping investigation in respect of goods from the other Party, the first Party that has accepted the properly documented application 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 acceptance of the GATT 1994application. Should the recipient Party observe any variation in the volume statistics relating to exports and imports, there is sufficient evidence consultations with a view to justify reaching a satisfactory solution shall take place upon the initiation recipient Party’s request and such solution shall be reached within 30 days from receipt 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 consultationssuch request. 3. At reviews of this Agreement No anti-dumping investigations shall be initiated against a good if that good is subject to a safeguard measure 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 Practices2.7.

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 1994AD Agreement. 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 1994AD Agreement, the Party taking such a decision, decision shall normally apply the “"lesser duty” 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 1994AD Agreement, there is sufficient evidence to justify the initiation of an anti- 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 7 (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 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 antidumping 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 Both Parties are Members of the AD Agreement. For the purposes of trade between the Parties, the following changes are agreed in terms of implementation of the AD Agreement in order to the application of bring greater discipline to anti-dumping measures, investigations and to minimise the Parties reaffirm their commitment opportunities 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 use anti-dumping cases between themin an arbitrary or protectionist manner: (a) the de minimis dumping margin of two per cent expressed as a percentage of the export price below which no anti-dumping duties can be imposed provided for in Article 5.8 of the AD Agreement is raised to five per cent; (b) the new de minimis margin of five per cent established in sub-paragraph (a) is applied not only in new cases but also in refund and review cases; (c) the maximum volume of dumped imports from the exporting Party which shall normally be regarded as negligible under Article 5.8 of the AD Agreement is increased from three per cent to five per cent of imports of the like product in the importing Party. Existing cumulation provisions under Article 5.8 continue to apply; (d) the time frame to be used for determining the volume of dumped imports in an investigation or review under the preceding sub-paragraphs shall be representative of the imports of both dumped and non-dumped goods, goods for a reasonable period, and such . Such reasonable period shall normally be at least 12 months; (be) if a decision is taken to impose an the period for review or termination of anti-dumping duty pursuant to duties provided for in Article 9.1 11.3 of the WTO AD 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 reduced from five years to remove the injury to the domestic industry; andthree years. (c) notification 2. Notification procedures shall be as follows: (ia) immediately following the acceptance by a Party of a properly documented application from an industry in that one Party for the initiation of an anti-dumping investigation in respect of goods from the other Party, the first Party that has accepted the properly documented application shall immediately inform the other Party; (iib) where if a Party considers that, in accordance with Article 5 of the WTO Agreement on Implementation of Article VI of the GATT 1994AD Agreement, there is sufficient evidence to justify the initiation of an anti- anti-dumping investigation, it shall give written notice to the other Party and shall act in accordance with Article 12.1 of the AD Agreement and observe the requirements of Article 17.2 of that the AD 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.