Price Undertakings Clause Samples
Price Undertakings. 8.1 Proceedings may19 be suspended or terminated without the imposition of provisional measures or anti-dumping duties upon receipt of satisfactory voluntary undertakings from any exporter to revise its prices or to cease exports to the area in question at dumped prices so that the authorities are satisfied that the injurious effect of the dumping is eliminated. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping. It is desirable that the price increases be less than the margin of dumping if such increases would be adequate to remove the injury to the domestic industry.
8.2 Price undertakings shall not be sought or accepted from exporters unless the authorities of the importing Member have made a preliminary affirmative determination of dumping and injury caused by such dumping.
8.3 Undertakings offered need not be accepted if the authorities consider their acceptance impractical, for example, if the number of actual or potential exporters is too great, or for other reasons, including reasons of general policy. Should the case arise and where practicable, the authorities shall provide to the exporter the reasons which have led them to consider acceptance of an undertaking as inappropriate, and shall, to the extent possible, give the exporter an opportunity to make comments thereon.
8.4 If an undertaking is accepted, the investigation of dumping and injury shall nevertheless be completed if the exporter so desires or the authorities so decide. In such a case, if a negative determination of dumping or injury is made, the undertaking shall automatically lapse, except in cases where such a determination is due in large part to the existence of a price undertaking. In such cases, 19The word "may" shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation of price undertakings except as provided in paragraph 4. the authorities may require that an undertaking be maintained for a reasonable period consistent with the provisions of this Agreement. In the event that an affirmative determination of dumping and injury is made, the undertaking shall continue consistent with its terms and the provisions of this Agreement.
8.5 Price undertakings may be suggested by the authorities of the importing Member, but no exporter shall be forced to enter into such undertakings. The fact that exporters do not offer such undertakings, or do not accept an invitation to do so, shall ...
Price Undertakings. 8.1 Proceedings may 19 be suspended or terminated without the imposition of provisional measures or anti-dumping duties upon receipt of satisfactory voluntary undertakings from any exporter to revise its prices or to cease exports to the area in question at dumped prices so that the authorities are satisfied that the injurious effect of the dumping is eliminated. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping. It is desirable that the price increases be less than the margin of dumping if such increases would be adequate to remove the injury to the domestic industry.
Price Undertakings.
1. Proceedings may13 be suspended or terminated without the imposition of provisional measures or anti- dumping duties upon receipt of satisfactory voluntary undertakings from any exporter to revise its prices or to cease exports to the area in question at dumped prices so that the authorities are satisfied that the injurious effect of the dumping is eliminated. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping.
2. Price undertakings shall not be sought or accepted from exporters unless the authorities of the importing country have initiated an investigation in accordance with the provisions of Article 5 of this Code. 10 Parties are aware that in the territory of certain Parties disclosure pursuant to a narrowly drawn protective order may be required. 11 Parties agree that requests for confidentiality should not be arbitrarily rejected.
Price Undertakings. 8.1. Price increases under price undertakings [shall] [may] be less than the margin of dumping or the amount of the subsidy if such increases would be adequate to remove the injury to the domestic industry.] [Only offers that provide the information required by the investigating authority and give authorization to perform the verifications needed to establish compliance with commitments shall be considered. Offers of quantitative restrictions shall not be accepted]]
8.2. In case the authority decides to refuse a price undertaking offered by an exporter, they shall provide to it the reasons which have led them to consider acceptance of an undertaking as inadequate, and shall give this exporter an opportunity to make comments thereon. In case the time limit of the investigation does not allow it, the authority shall inform the reasons for their refusal in the public notice or in a separate report related to the final determination.]
3. A price undertaking offer submitted by an exporter may not be rejected based on the fact that other exporters under investigation did not present offers.]
Price Undertakings. The Anti-dumping Agreement allows for the negotiation of a price undertaking, instead of an anti- dumping duty. In other words, the exporter may agree to increase its export price in order to remove the injury or “... to cease exports to the area in question at dumped prices ...”47 (GATT Secretariat 1994:183). In this way the exporter will avoid the imposition of a anti-dumping duty. Such an 44 Anti-dumping Agreement, PART I, Article 9, paragraph 9.2. 45 Anti-dumping Agreement, PART I, Article 9, paragraph 9.3. 46 Anti-dumping Agreement, PART I, Article 9, paragraph 9.2. 47 Anti-dumping Agreement, PART I, Article 8, paragraph 8.1.
Price Undertakings. 1. Proceedings may 13 be suspended or terminated without the imposition of provisional measures or anti-dumping duties upon receipt of satisfactory voluntary undertakings from any exporter to revise its prices or to cease exports to the area 12Because of different terms used under different systems in various countries the term