Length of period of investigation Sample Clauses

Length of period of investigation. 81. In Guatemala – Cement II, the Panel did not agree with Mexico's argument that Guatemala's authority had acted inconsistently with Article 3.2 by examining import data only for the one-year period of investigation. The Panel explained: 113 Panel Report, China – Cellulose Pulp, para. 7.77. 114 Panel Report, China – Cellulose Pulp, paras. 7.80-7.81. 115 (footnote original) As a logical matter, the fact that an investigating authority relies more heavily on one of two potential factors does not support the inference that the lesser factor was by itself necessarily insufficient to sustain that finding, or that both factors together were insufficient to sustain it. In any event, we recognize that, given the inter-relationship of product volumes and prices, it is not clear that an investigating authority may in practice easily separate and assess the relative contribution of the volumes versus the prices of subject imports on domestic prices. 116 Appellate Body Report, China-GOES, para. 216. 117 Panel Report, Thailand – H-Beams, para. 7.168. "A recent recommendation of the Committee on Anti-Dumping Practices calls on Members to use a data collection period of at least three years. This recommendation reflects the common practice of Members.118 That said, there is no provision in the Agreement which specifies the precise duration of the period of data collection. Thus, it cannot be said a priori that the use of a one-year period of data collection would not be consistent with the requirement of Article 3.2 to consider whether there has been a significant increase in the volume of dumped imports in the circumstances of a particular case. In this case, Guatemala argues that the reason for the short period of data collection was that exports by Xxxx Azul did not become significant until 1995. The record of the investigation supports this conclusion."119
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