Conditions for cumulation Sample Clauses

Conditions for cumulation appropriate in light of the "conditions of competition" 133. The Panel in EC – Tube or Pipe Fittings examined the nature and scope of the requirement in Article 3.3(b) that a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product. It considered that, "in light of the general wording of the provision and the nature of the term "appropriate", an investigating authority enjoys a certain degree of discretion in making that determination on the basis of the 179 Appellate Body Report, EC – Tube or Pipe Fittings, paras. 109-110. 180 (footnote original) We do not suggest that trends in country-specific volumes are always irrelevant for an investigating authority's consideration. For example, such trends may be relevant in the context of an investigating authority's evaluation of the conditions of competition between imported products, and between imported products and the domestic like product, as provided for in Article 3.3(b). Brazil raised the relationship between import volumes and conditions of competition as the basis for a claim under that provision before the Panel. (Panel Report, para. 7.252) The Panel found that the divergences in volume trends between Brazilian imports and those of other countries did not compel a finding by the European Commission that the effects of Brazilian imports could not be appropriately assessed on a cumulated basis with the effects of imports from other countries. (Ibid., paras. 7.253-7.256) Brazil has not appealed the Panel's finding in this respect. 181 Appellate Body Report, EC – Tube or Pipe Fittings, para. 116. 182 Panel Report, Canada – Welded Pipe, para. 7.26. record before it. However, it is clear to us that cumulation must be suitable or fitting in the particular circumstances of a given case in light of the particular conditions of competition extant in the marketplace."183 134. The Panel in EC – Tube or Pipe Fittings understood the phrase "conditions of competition" to refer to the dynamic relationship between products in the marketplace and added that this phrase is not accompanied by any sort of qualifier such as "identical" or "similar". It concluded that Article 3.3 contains no express indicators by which to assess the "conditions of competition", much less any fixed rules dictating precisely the relative percentages or levels of such in...
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Conditions for cumulation general 62
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Conditions for cumulation general‌ 178. The Panel in EC – Tube or Pipe Fittings came to the conclusion, on the basis of the text in Article 3.3, and citing contextual support in Articles 3.4 and 3.5, that the conditions identified in Article 3.3 are the sole conditions that must be satisfied by an investigating authority in order to undertake a cumulative assessment of the effects of dumped imports.238 In particular, the Panel rejected Brazil's allegation that an investigating authority must first consider whether country- specific import volumes have significantly increased before cumulating them.239 The Appellate Body agreed with the Panel and reached the following conclusion: "The text of Article 3.3 expressly identifies three conditions that must be satisfied before an investigating authority is permitted under the Anti-Dumping Agreement to assess cumulatively the effects of imports from several countries. These conditions are:
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Related to Conditions for cumulation

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