Common use of Anti-Dumping Measures Clause in Contracts

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. 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- Anti-Dumping Agreement, there is sufficient evidence to justify the initiation of an anti- 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- 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.