Price undercutting methodology Sample Clauses

Price undercutting methodology. 41. The EC contended that Japan's argument concerning the methodology of selecting models for the analysis of price undercutting was a claim which was not within the terms of reference of the Panel. The EC argued that this claim was not raised in a sufficiently specific manner during conciliation. The EC argued that Japan's later arguments concerning the selection of models of cassettes and averaging of undercut prices of cassettes were separate claims which were not raised in paragraph 21 of document ADP/85/Add.1, and accordingly were not referred to in the documents establishing the Panel's terms of reference.
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Price undercutting methodology. 321. The EC contended that Japan's claim that the EC's methodology for selecting the export models to be used in performing a comparison of price undercutting was inconsistent with Article 3 was not raised during the conciliation phase of the proceeding.

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