Common use of Anti-dumping Clause in Contracts

Anti-dumping. 1. The rights and obligations relating to anti-dumping measures shall be governed by Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994 (hereinafter referred to as “the WTO Anti-dumping Agreement”), subject to the provisions below. 2. When a Party receives a properly documented application and before initiating an investigation under the WTO Anti-dumping Agreement, the Party shall notify in writing to the other Party whose goods are allegedly being dumped and allow a 20-day period for consultation with a view of trying to find a mutually acceptable solution. If a solution cannot be reached, each Party retains its rights and obligations under Article VI of the GATT 1994 and the WTO Anti-dumping Agreement. 3. Should a Party decide to impose an anti-dumping duty, the amount of such duty shall not exceed the margin of dumping, but it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the domestic industry. 4. Anti-dumping measures may not be applied by a Party where, on the basis of the information made available during the investigation, it is concluded that it would not be in the public interest to apply such measures. 5. Any anti-dumping measure applied against imports of a Party, shall be terminated without exception on a date not later than five years from its imposition. After the termination, a new investigation procedure can be started against the imports of a Party. 6. Five years after the date of entry into force of this Agreement, the Joint Committee shall review this Article in order to determine whether its content is necessary considering the policy objectives of the Parties. 7. Chapter 12 shall only apply to paragraphs 2 to 5.

Anti-dumping. 1. The rights and obligations relating Parties shall endeavour to refrain from initiating anti-dumping measures shall be governed by procedures under Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT General Agreement on Tariffs and Trade 1994 (hereinafter referred to as the “the WTO Anti-dumping Agreement”), subject to the provisions below") against each other. 2. When a Party receives a properly documented application and before initiating an investigation under the WTO Anti-dumping Agreement, the Party shall notify in writing to the other Party whose goods products are allegedly being dumped and allow for a 20-60 day period for consultation consultations with a view of trying to find finding a mutually acceptable solution. If The consultations shall take place in the Joint Committee if a solution cannot be reached, each Party retains its rights and obligations under Article VI so requests within 20 days from the receipt of the GATT 1994 and the WTO Anti-dumping Agreementnotification. 3. Should If an anti-dumping measure is applied by a Party, the measure shall be terminated no later than five years from its imposition. 4. A Party shall not initiate an anti-dumping investigation with regard to the same product from the same Party within one year from a determination which resulted in the non-application or revocation of anti-dumping measures or from the termination of a measure pursuant to paragraph 3. 5. If a Party decide decides to impose an anti-dumping duty, the amount of such Party shall apply the “lesser duty” rule by determining a duty shall not exceed the margin of dumping, but it shall be which is less than the margin of dumping margin, if such lesser duty would be adequate to remove the injury to the domestic industry. 4. Anti-dumping measures may not be applied by a Party where, on the basis of the information made available during the investigation, it is concluded that it would not be in the public interest to apply such measures. 5. Any anti-dumping measure applied against imports of a Party, shall be terminated without exception on a date not later than five years from its imposition. After the termination, a new investigation procedure can be started against the imports of a Party. 6. Five years after the date of entry into force of this Agreement, the Joint Committee shall review whether there is a need to maintain the possibility to take anti-dumping measures between them. If the Parties decide after the first review to maintain this Article in order to determine whether its content is necessary considering possibility, biennial reviews shall thereafter be conducted by the policy objectives of the PartiesJoint Committee. 7. Chapter 12 shall only apply to paragraphs 2 to 5.

Anti-dumping. 1. The Parties retain their rights and obligations relating to anti-dumping measures shall be governed by under Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994 (hereinafter referred to as the “the WTO Agreement on Anti-dumping AgreementDumping”), subject to the provisions below.following: 2(a) The Parties shall endeavour to refrain from initiating anti-dumping procedures against each other. When To this end, when a Party receives a properly documented application and before initiating an investigation under the WTO Agreement on Anti-dumping AgreementDumping, the Party shall notify in writing to the other Party whose goods are allegedly being dumped and allow a 20-day period for consultation consultations with a view of trying to find finding a mutually acceptable solution. The outcome of the consultations shall be communicated to the other Parties. (b) If a solution cannot be reached, each Party retains its rights and obligations under Article VI of the GATT 1994 and the WTO Anti-dumping Agreement. 3. Should takes a Party decide decision to impose an anti-dumping dutyduty pursuant to Article 9.1 of the WTO Agreement on Anti-Dumping, the amount of Party taking such a decision shall apply the “lesser duty” rule by imposing a duty shall not exceed the margin of dumping, but it shall be which is less than the dumping margin of dumping if where such lesser duty would be adequate to remove the injury to the domestic industry. 4. Anti-dumping measures may not be applied by a Party where, on the basis of the information made available during the investigation, it is concluded that it would not be in the public interest to apply such measures. 5. Any anti-dumping measure applied against imports of a Party, shall be terminated without exception on a date not later than five years from its imposition. After the termination, a new investigation procedure can be started against the imports of a Party. 62. Five years after the date of entry into force of this Agreement, the Parties shall in the Joint Committee review whether there is need to maintain the possibility to take anti- dumping measures between them. If the Parties decide, after the first review, to maintain the possibility they shall review thereafter conduct biennial reviews of this Article matter in order to determine whether its content is necessary considering the policy objectives of the PartiesJoint Committee. 7. Chapter 12 shall only apply to paragraphs 2 to 5.

Anti-dumping. 1. The Parties retain their rights and obligations relating to anti-dumping measures shall be governed by under Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994 (hereinafter referred to as “the "WTO Agreement on Anti-dumping Agreement”Dumping"), subject to the provisions below.following: 2(a) The Parties shall endeavour to refrain from initiating anti-dumping procedures against each other. When To this end, when a Party receives a properly documented application and before initiating an investigation under the WTO Anti-dumping AgreementAgreement on Anti- Dumping, the Party shall notify in writing to the other Party whose goods are allegedly being dumped and allow a 20-day period for consultation consultations with a view of trying to find finding a mutually acceptable solution. The outcome of the consultations shall be communicated to the other Parties. (b) If a solution cannot be reached, each Party retains its rights and obligations under Article VI of the GATT 1994 and the WTO Anti-dumping Agreement. 3. Should takes a Party decide decision to impose an anti-dumping dutyduty pursuant to Article 9.1 of the WTO Agreement on Anti- Dumping, the amount of Party taking such a decision shall apply the "lesser duty" rule by imposing a duty shall not exceed the margin of dumping, but it shall be which is less than the dumping margin of dumping if where such lesser duty would be adequate to remove the injury to the domestic industry. 4. Anti-dumping measures may not be applied by a Party where, on the basis of the information made available during the investigation, it is concluded that it would not be in the public interest to apply such measures. 5. Any anti-dumping measure applied against imports of a Party, shall be terminated without exception on a date not later than five years from its imposition. After the termination, a new investigation procedure can be started against the imports of a Party. 62. Five years after the date of entry into force of this Agreement, the Parties shall in the Joint Committee review whether there is need to maintain the possibility to take anti-dumping measures between them. If the Parties decide, after the first review, to maintain the possibility they shall review thereafter conduct biennial reviews of this Article matter in order to determine whether its content is necessary considering the policy objectives of the PartiesJoint Committee. 7. Chapter 12 shall only apply to paragraphs 2 to 5.

Anti-dumping. 1. The Parties retain their rights and obligations relating to anti-dumping measures shall be governed by under Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994 (hereinafter referred to as the “the WTO Agreement on Anti-dumping AgreementDumping”), subject to the provisions below.following: 2(a) The Parties shall endeavour to refrain from initiating anti-dumping procedures against each other. When To this end, when a Party receives a properly documented application and before initiating an investigation under the WTO Agreement on Anti-dumping AgreementDumping, the Party shall notify in writing to the other Party whose goods are allegedly being dumped and allow a 20-day period for consultation consultations with a view of trying to find finding a mutually acceptable solution. The outcome of the consultations shall be communicated to the other Parties. (b) If a solution cannot be reached, each Party retains its rights and obligations under Article VI of the GATT 1994 and the WTO Anti-dumping Agreement. 3. Should takes a Party decide decision to impose an anti-dumping dutyduty pursuant to Article 9.1 of the WTO Agreement on Anti-Dumping, the amount of Party taking such a decision shall apply the “lesser duty” rule by imposing a duty shall not exceed the margin of dumping, but it shall be which is less than the dumping margin of dumping if where such lesser duty would be adequate to remove the injury to the domestic industry. 4. Anti-dumping measures may not be applied by a Party where, on the basis of the information made available during the investigation, it is concluded that it would not be in the public interest to apply such measures. 5. Any anti-dumping measure applied against imports of a Party, shall be terminated without exception on a date not later than five years from its imposition. After the termination, a new investigation procedure can be started against the imports of a Party. 62. Five years after the date of entry into force of this Agreement, the Parties shall in the Joint Committee review whether there is need to maintain the possibility to take antidumping measures between them. If the Parties decide, after the first review, to maintain the possibility they shall review thereafter conduct biennial reviews of this Article matter in order to determine whether its content is necessary considering the policy objectives of the PartiesJoint Committee. 7. Chapter 12 shall only apply to paragraphs 2 to 5.

Anti-dumping. 1. The rights and obligations relating Parties shall endeavour to refrain from initiating anti-dumping measures shall be governed by procedures under Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994 (hereinafter referred to as “the WTO Anti-dumping Agreement”), subject to the provisions belowAgreement against each other. 2. When a Party receives a properly documented application and before initiating an investigation under the WTO Anti-dumping Agreement, the Party shall notify in writing to the other Party whose goods products are allegedly being dumped and allow for a 2030-day period for consultation consultations with a view of trying to find finding a mutually acceptable solution. If a solution cannot be reached, each The other Party retains its rights and obligations under Article VI shall request consultations within 20 days from the receipt of the GATT 1994 notification and the WTO Anti-dumping Agreementconsultations shall be conducted within the FTA Joint Commission in accordance with the provisions of Chapter 15 (Institutional Provisions). 3. Should If an anti-dumping measure is applied by a Party, the measure shall be terminated no later than five years from its imposition. 4. A Party shall not initiate an anti-dumping investigation with regard to the same product from the other Party within one year from a determination which resulted in the non- application or revocation of anti-dumping measures or from the termination of a measure pursuant to paragraph 3. 5. If a Party decide decides to impose an anti-dumping duty, the amount of such Party shall apply the “lesser duty” rule by determining a duty shall not exceed the margin of dumping, but it shall be which is less than the margin of dumping margin, if such lesser duty would be adequate to remove the injury to the domestic industry. 4. Anti-dumping measures may not be applied by a Party where, on the basis of the information made available during the investigation, it is concluded that it would not be in the public interest to apply such measures. 5. Any anti-dumping measure applied against imports of a Party, shall be terminated without exception on a date not later than five years from its imposition. After the termination, a new investigation procedure can be started against the imports of a Party. 6. Five years after the date of entry into force of this Agreement, the FTA Joint Committee Commission shall review this Article in order whether there is a need to determine whether its content is necessary considering maintain the policy objectives possibility of taking anti-dumping measures between the Parties. If the Parties decide after the first review to maintain this possibility, biennial reviews may thereafter be conducted by the FTA Joint Commission. 7. Chapter 12 shall only apply to paragraphs 2 to 5.