Common use of Dumping Clause in Contracts

Dumping. 1. The Member States recognise that dumping, by which products of a Member State are introduced into the commerce of another Member State at less than the normal value of the products, is to be prohibited if it causes or threatens material injury to an established industry in the territory of the other Member State or materially retards the establishment of a domestic industry. 2. For the purposes of this Article, a product is to be considered as being introduced into the commerce of an importing Member State at less than its normal value, if the price of the product exported from one Member State to another: (a) is less than the comparable price in the ordinary course of trade, for the like product when destined for consumption in the exporting Member State; or (b) in the absence of such domestic prices, is less than either: (i) the highest comparable price for the like product for export to any third country in the ordinary course of trade; or (ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit: Provided that due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation and for other differences affecting price comparability. 3. A Member State may, for the purposes of offsetting or preventing dumping, and subject to the provision of paragraph 4 of this Article, levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 2 (b) (ii) of this Article. 4. No Member State shall levy any anti-dumping duty on the importation of any product of another Member State unless it is determined that the effect of the alleged dumping is such as to cause or threaten material injury to an established domestic industry or such as to retard materially the establishment of a domestic industry. 5. Dumping from a third country into a Member State shall be prohibited and any affected Member State may, pursuant to the provisions of paragraph 3 of this Article, levy an anti-dumping duty on any dumped products. 6. Proceedings initiated pursuant to the provisions of this Article shall be carried out in accordance with anti-dumping regulations made by the Council.

Dumping. 1. The Member States recognise that dumping, by which products of a Member State are introduced into the commerce of another Member State at less than the normal value of the products, is to be prohibited if it causes or threatens material injury to an established industry in the territory of the other Member State or materially retards the establishment of a domestic industry. 2. For the purposes of this Article, a product is to be considered as being introduced into the commerce of an importing Member State at less than its normal value, if the price of the product exported from one Member State to another: (a) is less than the comparable price in the ordinary course of trade, for the like product when destined for consumption in the exporting Member State; or (b) in the absence of such domestic prices, is less than either:: 70 COMESA TREATY (i) the highest comparable price for the like product for export to any third country in the ordinary course of trade; or (ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit: Provided that due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation and for other differences affecting price comparability. 3. A Member State may, for the purposes of offsetting or preventing dumping, and subject to the provision of paragraph 4 of this Article, levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 2 (b) (ii) of this Article. 4. No Member State shall levy any anti-dumping duty on the importation of any product of another Member State unless it is determined that the effect of the alleged dumping is such as to cause or threaten material injury to an established domestic industry or such as to retard materially the establishment of a domestic industry. 5. Dumping from a third country into a Member State shall be prohibited and any affected Member State may, pursuant to the provisions of paragraph 3 of this Article, levy an anti-dumping duty on any dumped products. 6. Proceedings initiated pursuant to the provisions of this Article shall be carried out in accordance with anti-anti- dumping regulations made by the Council.

Dumping. 1. The Member States recognise that dumping, by which products of a Member State are introduced into the commerce of another Member State at less than the normal value of the products, is to be prohibited if it causes or threatens material injury to an established industry in the territory of the other Member State or materially retards the establishment of a domestic industry. 2. For the purposes of this Article, a product is to be considered as being introduced into the commerce of an importing Member State at less than its normal value, if the price of the product exported from one Member State to another: (a) is less than the comparable price in the ordinary course of trade, for the like product when destined for consumption in the exporting Member State; or (b) in the absence of such domestic prices, is less than either: (i) the highest comparable price for the like product for export to any third country in the ordinary course of trade; or (ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit: Provided that due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation and for other differences affecting price comparability. 3. A Member State may, for the purposes of offsetting or preventing dumping, and subject to the provision of paragraph 4 of this Article, levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 2 (b) (ii) of this Article. 4. No Member State shall levy any anti-dumping duty on the importation of any product of another Member State unless it is determined that the effect of the alleged dumping is such as to cause or threaten material injury to an established domestic industry or such as to retard materially the establishment of a domestic industry. 5. Dumping from a third country into a Member State shall be prohibited and any affected Member State may, pursuant to the provisions of paragraph 3 of this Article, levy an anti-dumping antidumping duty on any dumped products. 6. Proceedings initiated pursuant to the provisions of this Article shall be carried out in accordance with anti-dumping regulations made by the Council.