Wto Agreement Anti Dumping

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5.7 Evidence of dumping and harm is considered simultaneously, (a) in the decision whether or not to initiate an investigation and (b) during the investigation, on a date that begins no later than the day that interim measures can be applied in accordance with the provisions of this agreement. An important new provision, Article 3.3, sets out the conditions under which a cumulative assessment of the effects of dumped imports from several countries can be carried out. Under these rules, the authorities must establish that the margin of dumping from each country is not de minimise, that the volume of imports from each country is not negligible and that a cumulative assessment is appropriate taking into account the conditions of competition between imports and between imports and the similar domestic product. In the particular situation of economies where the government has a total or essentially complete commercial monopoly and where all domestic prices are set by the State, the 1994 GATT and the agreement recognize that a close comparison with domestic market prices may not be appropriate. As a result, importing countries exerted considerable discretion in calculating the normal value of exported products from non-market economies. 3.4 The analysis of the impact of dumped imports on the industry concerned includes an assessment of all relevant economic factors and indices that affect the industry`s situation, including the actual and potential decline in sales, profits, production, market share, productivity, investment returns or capacity utilization; Factors that affect domestic prices The level of dumping margin real and potential negative effects on cash flows, inventories, employment, wages, growth, ability to raise capital or investment. This list is not exhaustive and one or more of these factors may necessarily give decisive indications. 6.7 In order to verify the information transmitted or to obtain further details, the authorities may, if necessary, carry out investigations on the territory of other members, provided that the companies concerned are obtained and informed by the representatives of the government of the member concerned, and unless that member objects to the investigation. The procedures described in Schedule I apply to investigations carried out on the territory of other Members.

Subject to the obligation to protect confidential information, the authorities make the results of these investigations available to the companies to which they belong, or transmit them in accordance with paragraph 9, and may make it available to applicants. Article 7 of the agreement contains provisions for the establishment of interim measures. These include the requirement for the authorities to make an interim positive finding of dumping, harm and causation prior to the application of the interim measures, as well as the obligation not to apply interim measures no earlier than sixty days after the opening of the investigation.

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