Common use of Anti-Dumping Measures Clause in Contracts

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.

Appears in 1 contract

Samples: Free Trade Agreement

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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-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.

Appears in 1 contract

Samples: Free Trade Agreement

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- 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 and (b) if a decision is taken to impose an anti-dumping duty pursuant to Article 9.1 of the WTO Agreement on Anti-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.

Appears in 1 contract

Samples: Free Trade Agreement

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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- 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.

Appears in 1 contract

Samples: Free Trade Agreement

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