Anti-dumping (Article VI of GATT 1994)

[hotlip]

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade
1994
The texts reproduced in this section do not have the legal standing of the original documents which
are entrusted and kept at the WTO Secretariat in Geneva.

Article 1 Principles
Article 2 Determination of Dumping
Article 3 Determination of Injury
Article 4 Definition of Domestic Industry
Article 5 Initiation and Subsequent Investigation
Article 6 Evidence
Article 7 Provisional Measures
Article 8 Price Undertakings
Article 9 Imposition and Collection of Anti-Dumping Duties
Article 10 Retroactivity
Article 11 Duration and Review of Anti-Dumping Duties and Price Undertakings
Article 12 Public Notice and Explanation of Determinations
Article 13 Judicial Review
Article 14 Anti-Dumping Action on Behalf of a Third Country
Article 15 Developing Country Members
Article 16 Committee on Anti-Dumping Practices
Article 17 Consultation and Dispute Settlement
Article 18 Final Provisions

Annex I Procedures for on-the-Spot Investigations Pursuant to Paragraph 7 of Article 6
Annex II Best Information Available in Terms of Paragraph 8 of Article 6






Members hereby agree as follows:
Part I: Article 1 Principles
An anti-dumping measure shall be applied only under the circumstances provided for in Article VI
of GATT 1994 and pursuant to investigations initiated(1) and conducted in accordance with the
provisions of this Agreement. The following provisions govern the application of Article VI of
GATT 1994 in so far as action is taken under anti-dumping legislation or regulations.
Part I: Article 2 Determination of Dumping
2.1
For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced
into the commerce of another country at less than its normal value, if the export price of the
product exported from one country to another is less than the comparable price, in the ordinary
course of trade, for the like product when destined for consumption in the exporting country.
2.2
When there are no sales of the like product in the ordinary course of trade in the domestic market
of the exporting country or when, because of the particular market situation or the low volume of
the sales in the domestic market of the exporting country(2), such sales do not permit a proper
comparison, the margin of dumping shall be determined by comparison with a comparable price of
the like product when exported to an appropriate third country, provided that this price is
representative, or with the cost of production in the country of origin plus a reasonable amount for
administrative, selling and general costs and for profits.
2.2.1
Sales of the like product in the domestic market of the exporting country or sales to a third
country at prices below per unit (fixed and variable) costs of production plus administrative, selling
and general costs may be treated as not being in the ordinary course of trade by reason of price
and may be disregarded in determining normal value only if the authorities(3) determine that such
sales are made within an extended period of time(4) in substantial quantities(5) and are at prices
which do not provide for the recovery of all costs within a reasonable period of time. If prices
which are below per unit costs at the time of sale are above weighted average per unit costs for
the period of investigation, such prices shall be considered to provide for recovery of costs within a
reasonable period of time.
2.2.1.1
For the purpose of paragraph 2, costs shall normally be calculated on the basis of records kept by
the exporter or producer under investigation, provided that such records are in accordance with the
generally accepted accounting principles of the exporting country and reasonably reflect the costs
associated with the production and sale of the product under consideration. Authorities shall
consider all available evidence on the proper allocation of costs, including that which is made
available by the exporter or producer in the course of the investigation provided that such
allocations have been historically utilized by the exporter or producer, in particular in relation to
establishing appropriate amortization and depreciation periods and allowances for capital
expenditures and other development costs. Unless already reflected in the cost allocations under
this sub-paragraph, costs shall be adjusted appropriately for those non-recurring items of cost
which benefit future and/or current production, or for circumstances in which costs during the
period of investigation are affected by start-up operations.(6)
2.2.2
For the purpose of paragraph 2, the amounts for administrative, selling and general costs and for
profits shall be based on actual data pertaining to production and sales in the ordinary course of
trade of the like product by the exporter or producer under investigation. When such amounts
cannot be determined on this basis, the amounts may be determined on the basis of:
(i) the actual amounts incurred and realized by the exporter or producer in question in respect of
production and sales in the domestic market of the country of origin of the same general category
of products;
(ii) the weighted average of the actual amounts incurred and realized by other exporters or
producers subject to investigation in respect of production and sales of the like product in the
domestic market of the country of origin;
(iii) any other reasonable method, provided that the amount for profit so established shall not exceed
the profit normally realized by other exporters or producers on sales of products of the same
general category in the domestic market of the country of origin.
2.3
In cases where there is no export price or where it appears to the authorities concerned that the
export price is unreliable because of association or a compensatory arrangement between the
exporter and the importer or a third party, the export price may be constructed on the basis of the
price at which the imported products are first resold to an independent buyer, or if the products are
not resold to an independent buyer, or not resold in the condition as imported, on such reasonable
basis as the authorities may determine.
2.4
A fair comparison shall be made between the export price and the normal value. This comparison
shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales
made at as nearly as possible the same time. Due allowance shall be made in each case, on its
merits, for differences which affect price comparability, including differences in conditions and
terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences
which are also demonstrated to affect price comparability.(7) In the cases referred to in paragraph 3,
allowances for costs, including duties and taxes, incurred between importation and resale, and for
profits accruing, should also be made. If in these cases price comparability has been affected, the
authorities shall establish the normal value at a level of trade equivalent to the level of trade of the
constructed export price, or shall make due allowance as warranted under this paragraph. The
authorities shall indicate to the parties in question what information is necessary to ensure a fair
comparison and shall not impose an unreasonable burden of proof on those parties.
2.4.1
When the comparison under paragraph 4 requires a conversion of currencies, such conversion
should be made using the rate of exchange on the date of sale(8), provided that when a sale of
foreign currency on forward markets is directly linked to the export sale involved, the rate of
exchange in the forward sale shall be used. Fluctuations in exchange rates shall be ignored and in
an investigation the authorities shall allow exporters at least 60 days to have adjusted their export
prices to reflect sustained movements in exchange rates during the period of investigation.
2.4.2
Subject to the provisions governing fair comparison in paragraph 4, the existence of margins of
dumping during the investigation phase shall normally be established on the basis of a comparison
of a weighted average normal value with a weighted average of prices of all comparable export
transactions or by a comparison of normal value and export prices on a transaction-to-transaction
basis. A normal value established on a weighted average basis may be compared to prices of
individual export transactions if the authorities find a pattern of export prices which differ
significantly among different purchasers, regions or time periods, and if an explanation is provided
as to why such differences cannot be taken into account appropriately by the use of a weighted
average-to-weighted average or transaction-to-transaction comparison.
2.5
In the case where products are not imported directly from the country of origin but are exported to
the importing Member from an intermediate country, the price at which the products are sold from
the country of export to the importing Member shall normally be compared with the comparable
price in the country of export. However, comparison may be made with the price in the country of
origin, if, for example, the products are merely transshipped through the country of export, or such
products are not produced in the country of export, or there is no comparable price for them in the
country of export.
2.6
Throughout this Agreement the term “like product” (“produit similaire”) shall be interpreted to
mean a product which is identical, i.e. alike in all respects to the product under consideration, or in
the absence of such a product, another product which, although not alike in all respects, has
characteristics closely resembling those of the product under consideration.
2.7
This Article is without prejudice to the second Supplementary Provision to paragraph 1 of Article
VI in Annex I to GATT 1994.
Part I: Article 3 Determination of Injury (9)
3.1
A determination of injury for purposes of Article VI of GATT 1994 shall be based on positive
evidence and involve an objective examination of both (a) the volume of the dumped imports and
the effect of the dumped imports on prices in the domestic market for like products, and (b) the
consequent impact of these imports on domestic producers of such products.
3.2
With regard to the volume of the dumped imports, the investigating authorities shall consider
whether there has been a significant increase in dumped imports, either in absolute terms or relative
to production or consumption in the importing Member. With regard to the effect of the dumped
imports on prices, the investigating authorities shall consider whether there has been a significant
price undercutting by the dumped imports as compared with the price of a like product of the
importing Member, or whether the effect of such imports is otherwise to depress prices to a
significant degree or prevent price increases, which otherwise would have occurred, to a significant
degree. No one or several of these factors can necessarily give decisive guidance.

3.3
Where imports of a product from more than one country are simultaneously subject to anti-dumping
investigations, the investigating authorities may cumulatively assess the effects of such imports only
if they determine that (a) the margin of dumping established in relation to the imports from each
country is more than de minimis as defined in paragraph 8 of Article 5 and the volume of imports
from each country is not negligible and (b) a cumulative assessment of the effects of the imports is
appropriate in light of the conditions of competition between the imported products and the
conditions of competition between the imported products and the like domestic product.
3.4
The examination of the impact of the dumped imports on the domestic industry concerned shall
include an eval‎uation of all relevant economic factors and indices having a bearing on the state of
the industry, including actual and potential decline in sales, profits, output, market share,
productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the
magnitude of the margin of dumping; actual and potential negative effects on cash flow,
inventories, employment, wages, growth, ability to raise capital or investments. This list is not
exhaustive, nor can one or several of these factors necessarily give decisive guidance.
3.5
It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth
in paragraphs 2 and 4, causing injury within the meaning of this Agreement. The demonstration of
a causal relationship between the dumped imports and the injury to the domestic industry shall be
based on an examination of all relevant evidence before the authorities. The authorities shall also
examine any known factors other than the dumped imports which at the same time are injuring the
domestic industry, and the injuries caused by these other factors must not be attributed to the
dumped imports. Factors which may be relevant in this respect include, inter alia, the volume and
prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of
consumption, trade restrictive practices of and competition between the foreign and domestic
producers, developments in technology and the export performance and productivity of the domestic
industry.
3.6
The effect of the dumped imports shall be assessed in relation to the domestic production of the
like product when available data permit the separate identification of that production on the basis of
such criteria as the production process, producers' sales and profits. If such separate identification
of that production is not possible, the effects of the dumped imports shall be assessed by the
examination of the production of the narrowest group or range of products, which includes the like
product, for which the necessary information can be provided.
3.7
A determination of a threat of material injury shall be based on facts and not merely on allegation,
conjecture or remote possibility. The change in circumstances which would create a situation in
which the dumping would cause injury must be clearly foreseen and imminent.(10) In making a
determination regarding the existence of a threat of material injury, the authorities should consider,
inter alia, such factors as:

(i) a significant rate of increase of dumped imports into the domestic market indicating the
likelihood of substantially increased importation;
(ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter
indicating the likelihood of substantially increased dumped exports to the importing Member's
market, taking into account the availability of other export markets to absorb any additional exports;
(iii) whether imports are entering at prices that will have a significant depressing or suppressing
effect on domestic prices, and would likely increase demand for further imports; and
(iv) inventories of the product being investigated.
No one of these factors by itself can necessarily give decisive guidance but the totality of the
factors considered must lead to the conclusion that further dumped exports are imminent and that,
unless protective action is taken, material injury would occur.
3.8
With respect to cases where injury is threatened by dumped imports, the application of
anti-dumping measures shall be considered and decided with special care.
Part I: Article 4 Definition of Domestic Industry
4.1
For the purposes of this Agreement, the term “domestic industry” shall be interpreted as referring
to the domestic producers as a whole of the like products or to those of them whose collective
output of the products constitutes a major proportion of the total domestic production of those
products, except that:
(i) when producers are related(11) to the exporters or importers or are themselves importers of the
allegedly dumped product, the term “domestic industry” may be interpreted as referring to the
rest of the producers;
(ii) in exceptional circumstances the territory of a Member may, for the production in question, be
divided into two or more competitive markets and the producers within each market may be
regarded as a separate industry if (a) the producers within such market sell all or almost all of
their production of the product in question in that market, and (b) the demand in that market is not
to any substantial degree supplied by producers of the product in question located elsewhere in the
territory. In such circumstances, injury may be found to exist even where a major portion of the
total domestic industry is not injured, provided there is a concentration of dumped imports into such
an isolated market and provided further that the dumped imports are causing injury to the producers
of all or almost all of the production within such market.
4.2
When the domestic industry has been interpreted as referring to the producers in a certain area, i.e.
a market as defined in paragraph 1(ii), anti-dumping duties shall be levied(12) only on the products
in question consigned for final consumption to that area. When the constitutional law of the
importing Member does not permit the levying of anti-dumping duties on such a basis, the
importing Member may levy the anti-dumping duties without limitation only if (a) the exporters
shall have been given an opportunity to cease exporting at dumped prices to the area concerned or
otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not
been promptly given, and (b) such duties cannot be levied only on products of specific producers
which supply the area in question.
4.3
Where two or more countries have reached under the provisions of paragraph 8(a) of Article XXIV
of GATT 1994 such a level of integration that they have the characteristics of a single, unified
market, the industry in the entire area of integration shall be taken to be the domestic industry
referred to in paragraph 1.
4.4
The provisions of paragraph 6 of Article 3 shall be applicable to this Article.
Part I: Article 5 Initiation and Subsequent Investigation
5.1
Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect
of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic
industry.
5.2
An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within the
meaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link
between the dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant
evidence, cannot be considered sufficient to meet the requirements of this paragraph. The
application shall contain such information as is reasonably available to the applicant on the
following:
(i) the identity of the applicant and a description of the volume and value of the domestic
production of the like product by the applicant. Where a written application is made on behalf of
the domestic industry, the application shall identify the industry on behalf of which the application
is made by a list of all known domestic producers of the like product (or associations of domestic
producers of the like product) and, to the extent possible, a description of the volume and value of
domestic production of the like product accounted for by such producers;
(ii) a complete description of the allegedly dumped product, the names of the country or countries of
origin or export in question, the identity of each known exporter or foreign producer and a list of
known persons importing the product in question;
(iii) information on prices at which the product in question is sold when destined for consumption in
the domestic markets of the country or countries of origin or export (or, where appropriate,
information on the prices at which the product is sold from the country or countries of origin or
export to a third country or countries, or on the constructed value of the product) and information
on export prices or, where appropriate, on the prices at which the product is first resold to an
independent buyer in the territory of the importing Member;
(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these
imports on prices of the like product in the domestic market and the consequent impact of the
imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing
on the state of the domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.
5.3
The authorities shall examine the accuracy and adequacy of the evidence provided in the application
to determine whether there is sufficient evidence to justify the initiation of an investigation.

5.4
An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have
determined, on the basis of an examination of the degree of support for, or opposition to, the
application expressed(13) by domestic producers of the like product, that the application has been
made by or on behalf of the domestic industry.(14) The application shall be considered to have been
made “by or on behalf of the domestic industry” if it is supported by those domestic producers
whose collective output constitutes more than 50 per cent of the total production of the like product
produced by that portion of the domestic industry expressing either support for or opposition to the
application. However, no investigation shall be initiated when domestic producers expressly
supporting the application account for less than 25 per cent of total production of the like product
produced by the domestic industry.
5.5
The authorities shall avoid, unless a decision has been made to initiate an investigation, any
publicizing of the application for the initiation of an investigation. However, after receipt of a
properly documented application and before proceeding to initiate an investigation, the authorities
shall notify the government of the exporting Member concerned.
5.6
If, in special circumstances, the authorities concerned decide to initiate an investigation without
having received a written application by or on behalf of a domestic industry for the initiation of
such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a
causal link, as described in paragraph 2, to justify the initiation of an investigation.
5.7
The evidence of both dumping and injury shall be considered simultaneously (a) in the decision
whether or not to initiate an investigation, and (b) thereafter, during the course of the investigation,
starting on a date not later than the earliest date on which in accordance with the provisions of
this Agreement provisional measures may be applied.
5.8
An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly
as soon as the authorities concerned are satisfied that there is not sufficient evidence of either
dumping or of injury to justify proceeding with the case. There shall be immediate termination in
cases where the authorities determine that the margin of dumping is de minimis, or that the
volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping
shall be considered to be de minimis if this margin is less than 2 per cent, expressed as a
percentage of the export price. The volume of dumped imports shall normally be regarded as
negligible if the volume of dumped imports from a particular country is found to account for less
than 3 per cent of imports of the like product in the importing Member, unless countries which
individually account for less than 3 per cent of the imports of the like product in the importing
Member collectively account for more than 7 per cent of imports of the like product in the
importing Member.
5.9
An anti-dumping proceeding shall not hinder the procedures of customs clearance.

5.10
Investigations shall, except in special circumstances, be concluded within one year, and in no case
more than 18 months, after their initiation.
Part I: Article 6 Evidence
6.1
All interested parties in an anti-dumping investigation shall be given notice of the information
which the authorities require and ample opportunity to present in writing all evidence which they
consider relevant in respect of the investigation in question.
6.1.1
Exporters or foreign producers receiving questionnaires used in an anti-dumping investigation shall
be given at least 30 days for reply.(15) Due consideration should be given to any request for an
extension of the 30-day period and, upon cause shown, such an extension should be granted
whenever practicable.
6.1.2
Subject to the requirement to protect confidential information, evidence presented in writing by one
interested party shall be made available promptly to other interested parties participating in the
investigation.
6.1.3
As soon as an investigation has been initiated, the authorities shall provide the full text of the
written application received under paragraph 1 of Article 5 to the known exporters(16) and to the
authorities of the exporting Member and shall make it available, upon request, to other interested
parties involved. Due regard shall be paid to the requirement for the protection of confidential
information, as provided for in paragraph 5.
6.2
Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the
defence of their interests. To this end, the authorities shall, on request, provide opportunities for all
interested parties to meet those parties with adverse interests, so that opposing views may be
presented and rebuttal arguments offered. Provision of such opportunities must take account of the
need to preserve confidentiality and of the convenience to the parties. There shall be no obligation
on any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case.
Interested parties shall also have the right, on justification, to present other information orally.
6.3
Oral information provided under paragraph 2 shall be taken into account by the authorities only in
so far as it is subsequently reproduced in writing and made available to other interested parties, as
provided for in subparagraph 1.2.
6.4
The authorities shall whenever practicable provide timely opportunities for all interested parties to
see all information that is relevant to the presentation of their cases, that is not confidential as
defined in paragraph 5, and that is used by the authorities in an anti-dumping investigation, and to
prepare presentations on the basis of this information.


6.5
Any information which is by nature confidential (for example, because its disclosure would be of
significant competitive advantage to a competitor or because its disclosure would have a
significantly adverse effect upon a person supplying the information or upon a person from whom
that person acquired the information), or which is provided on a confidential basis by parties to an
investigation shall, upon good cause shown, be treated as such by the authorities. Such information
shall not be disclosed without specific permission of the party submitting it.(17)
6.5.1
The authorities shall require interested parties providing confidential information to furnish
non-confidential summaries thereof. These summaries shall be in sufficient detail to permit a
reasonable understanding of the substance of the information submitted in confidence. In
exceptional circumstances, such parties may indicate that such information is not susceptible of
summary. In such exceptional circumstances, a statement of the reasons why summarization is not
possible must be provided.
6.5.2
If the authorities find that a request for confidentiality is not warranted and if the supplier of the
information is either unwilling to make the information public or to authorize its disclosure in
generalized or summary form, the authorities may disregard such information unless it can be
demonstrated to their satisfaction from appropriate sources that the information is correct.(18)
6.6
Except in circumstances provided for in paragraph 8, the authorities shall during the course of an
investigation satisfy themselves as to the accuracy of the information supplied by interested parties
upon which their findings are based.
6.7
In order to verify information provided or to obtain further details, the authorities may carry out
investigations in the territory of other Members as required, provided they obtain the agreement of
the firms concerned and notify the representatives of the government of the Member in question,
and unless that Member objects to the investigation. The procedures described in Annex I shall
apply to investigations carried out in the territory of other Members. Subject to the requirement to
protect confidential information, the authorities shall make the results of any such investigations
available, or shall provide disclosure thereof pursuant to paragraph 9, to the firms to which they
pertain and may make such results available to the applicants.
6.8
In cases in which any interested party refuses access to, or otherwise does not provide, necessary
information within a reasonable period or significantly impedes the investigation, preliminary and
final determinations, affirmative or negative, may be made on the basis of the facts available. The
provisions of Annex II shall be observed in the application of this paragraph.
6.9
The authorities shall, before a final determination is made, inform all interested parties of the
essential facts under consideration which form the basis for the decision whether to apply definitive
measures. Such disclosure should take place in sufficient time for the parties to defend their
interests.
6.10
The authorities shall, as a rule, determine an individual margin of dumping for each known exporter
or producer concerned of the product under investigation. In cases where the number of exporters,
producers, importers or types of products involved is so large as to make such a determination
impracticable, the authorities may limit their examination either to a reasonable number of interested
parties or products by using samples which are statistically valid on the basis of information
available to the authorities at the time of the selection, or to the largest percentage of the volume
of the exports from the country in question which can reasonably be investigated.
6.10.1
Any selection of exporters, producers, importers or types of products made under this paragraph
shall preferably be chosen in consultation with and with the consent of the exporters, producers or
importers concerned.
6.10.2
In cases where the authorities have limited their examination, as provided for in this paragraph,
they shall nevertheless determine an individual margin of dumping for any exporter or producer not
initially selected who submits the necessary information in time for that information to be
considered during the course of the investigation, except where the number of exporters or
producers is so large that individual examinations would be unduly burdensome to the authorities
and prevent the timely completion of the investigation. Voluntary responses shall not be
discouraged.
6.11 For the purposes of this Agreement, “interested parties” shall include:
(i) an exporter or foreign producer or the importer of a product subject to investigation, or a trade
or business association a majority of the members of which are producers, exporters or importers of
such product;
(ii) the government of the exporting Member; and
(iii) a producer of the like product in the importing Member or a trade and business association a
majority of the members of which produce the like product in the territory of the importing
Member.
This list shall not preclude Members from allowing domestic or foreign parties other than those
mentioned above to be included as interested parties.
6.12
The authorities shall provide opportunities for industrial users of the product under investigation,
and for representative consumer organizations in cases where the product is commonly sold at the
retail level, to provide information which is relevant to the investigation regarding dumping, injury
and causality.
6.13
The authorities shall take due account of any difficulties experienced by interested parties, in
particular small companies, in supplying information requested, and shall provide any assistance
practicable.
6.14
The procedures set out above are not intended to prevent the authorities of a Member from
proceeding expeditiously with regard to initiating an investigation, reaching preliminary or final
determinations, whether affirmative or negative, or from applying provisional or final measures, in
accordance with relevant provisions of this Agreement.
Part I: Article 7 Provisional Measures
7.1
Provisional measures may be applied only if:
(i) an investigation has been initiated in accordance with the provisions of Article 5, a public notice
has been given to that effect and interested parties have been given adequate opportunities to
submit information and make comments;
(ii) a preliminary affirmative determination has been made of dumping and consequent injury to a
domestic industry; and
(iii) the authorities concerned judge such measures necessary to prevent injury being caused during
the investigation.
7.2
Provisional measures may take the form of a provisional duty or, preferably, a security - by cash
deposit or bond - equal to the amount of the anti-dumping duty provisionally estimated, being not
greater than the provisionally estimated margin of dumping. Withholding of appraisement is an
appropriate provisional measure, provided that the normal duty and the estimated amount of the
anti-dumping duty be indicated and as long as the withholding of appraisement is subject to the
same conditions as other provisional measures.
7.3
Provisional measures shall not be applied sooner than 60 days from the date of initiation of the
investigation.
7.4
The application of provisional measures shall be limited to as short a period as possible, not
exceeding four months or, on decision of the authorities concerned, upon request by exporters
representing a significant percentage of the trade involved, to a period not exceeding six months.
When authorities, in the course of an investigation, examine whether a duty lower than the margin
of dumping would be sufficient to remove injury, these periods may be six and nine months,
respectively.
7.5
The relevant provisions of Article 9 shall be followed in the application of provisional measures.
Part I: Article 8 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.
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, 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 in no way prejudice the consideration of
the case. However, the authorities are free to determine that a threat of injury is more likely to be
realized if the dumped imports continue.
8.6
Authorities of an importing Member may require any exporter from whom an undertaking has been
accepted to provide periodically information relevant to the fulfilment of such an undertaking and to
permit verification of pertinent data. In case of violation of an undertaking, the authorities of the
importing Member may take, under this Agreement in conformity with its provisions, expeditious
actions which may constitute immediate application of provisional measures using the best
information available. In such cases, definitive duties may be levied in accordance with this
Agreement on products entered for consumption not more than 90 days before the application of
such provisional measures, except that any such retroactive assessment shall not apply to imports
entered before the violation of the undertaking.
Part I: Article 9 Imposition and Collection of Anti-Dumping Duties
9.1
The decision whether or not to impose an anti-dumping duty in cases where all requirements for
the imposition have been fulfilled, and the decision whether the amount of the anti-dumping duty to
be imposed shall be the full margin of dumping or less, are decisions to be made by the authorities
of the importing Member. It is desirable that the imposition be permissive in the territory of all
Members, and that the duty be less than the margin if such lesser duty would be adequate to
remove the injury to the domestic industry.
9.2
When an anti-dumping duty is imposed in respect of any product, such anti-dumping duty shall be
collected in the appropriate amounts in each case, on a non-discriminatory basis on imports of such
product from all sources found to be dumped and causing injury, except as to imports from those
sources from which price undertakings under the terms of this Agreement have been accepted. The
authorities shall name the supplier or suppliers of the product concerned. If, however, several
suppliers from the same country are involved, and it is impracticable to name all these suppliers,
the authorities may name the supplying country concerned. If several suppliers from more than
one country are involved, the authorities may name either all the suppliers involved, or, if this is
impracticable, all the supplying countries involved.
9.3
The amount of the anti-dumping duty shall not exceed the margin of dumping as established under
Article 2.
9.3.1
When the amount of the anti-dumping duty is assessed on a retrospective basis, the determination
of the final liability for payment of anti-dumping duties shall take place as soon as possible,
normally within 12 months, and in no case more than 18 months, after the date on which a request
for a final assessment of the amount of the anti-dumping duty has been made.(20) Any refund shall
be made promptly and normally in not more than 90 days following the determination of final
liability made pursuant to this sub-paragraph. In any case, where a refund is not made within 90
days, the authorities shall provide an explanation if so requested.
9.3.2
When the amount of the anti-dumping duty is assessed on a prospective basis, provision shall be
made for a prompt refund, upon request, of any duty paid in excess of the margin of dumping. A
refund of any such duty paid in excess of the actual margin of dumping shall normally take place
within 12 months, and in no case more than 18 months, after the date on which a request for a
refund, duly supported by evidence, has been made by an importer of the product subject to the
anti-dumping duty. The refund authorized should normally be made within 90 days of the
above-noted decision.
9.3.3
In determining whether and to what extent a reimbursement should be made when the export price
is constructed in accordance with paragraph 3 of Article 2, authorities should take account of any
change in normal value, any change in costs incurred between importation and resale, and any
movement in the resale price which is duly reflected in subsequent selling prices, and should
calculate the export price with no deduction for the amount of anti-dumping duties paid when
conclusive evidence of the above is provided.
9.4
When the authorities have limited their examination in accordance with the second sentence of
paragraph 10 of Article 6, any anti-dumping duty applied to imports from exporters or producers
not included in the examination shall not exceed:
(i) the weighted average margin of dumping established with respect to the selected exporters or
producers or,
(ii) where the liability for payment of anti-dumping duties is calculated on the basis of a
prospective normal value, the difference between the weighted average normal value of the selected
exporters or producers and the export prices of exporters or producers not individually examined,
provided that the authorities shall disregard for the purpose of this paragraph any zero and de
minimis margins and margins established under the circumstances referred to in paragraph 8 of
Article 6. The authorities shall apply individual duties or normal values to imports from any
exporter or producer not included in the examination who has provided the necessary information
during the course of the investigation, as provided for in subparagraph 10.2 of Article 6.
9.5
If a product is subject to anti-dumping duties in an importing Member, the authorities shall
promptly carry out a review for the purpose of determining individual margins of dumping for any
exporters or producers in the exporting country in question who have not exported the product to
the importing Member during the period of investigation, provided that these exporters or producers
can show that they are not related to any of the exporters or producers in the exporting country
who are subject to the anti-dumping duties on the product. Such a review shall be initiated and
carried out on an accelerated basis, compared to normal duty assessment and review proceedings in
the importing Member. No anti-dumping duties shall be levied on imports from such exporters or
producers while the review is being carried out. The authorities may, however, withhold
appraisement and/or request guarantees to ensure that, should such a review result in a
determination of dumping in respect of such producers or exporters, anti-dumping duties can be
levied retroactively to the date of the initiation of the review.
Part I: Article 10 Retroactivity
10.1
Provisional measures and anti-dumping duties shall only be applied to products which enter for
consumption after the time when the decision taken under paragraph 1 of Article 7 and paragraph 1
of Article 9, respectively, enters into force, subject to the exceptions set out in this Article.
10.2
Where a final determination of injury (but not of a threat thereof or of a material retardation of the
establishment of an industry) is made or, in the case of a final determination of a threat of injury,
where the effect of the dumped imports would, in the absence of the provisional measures, have led
to a determination of injury, anti-dumping duties may be levied retroactively for the period for
which provisional measures, if any, have been applied.
10.3
If the definitive anti-dumping duty is higher than the provisional duty paid or payable, or the
amount estimated for the purpose of the security, the difference shall not be collected. If the
definitive duty is lower than the provisional duty paid or payable, or the amount estimated for the
purpose of the security, the difference shall be reimbursed or the duty recalculated, as the case may
be.
10.4
Except as provided in paragraph 2, where a determination of threat of injury or material retardation
is made (but no injury has yet occurred) a definitive anti-dumping duty may be imposed only from
the date of the determination of threat of injury or material retardation, and any cash deposit made
during the period of the application of provisional measures shall be refunded and any bonds
released in an expeditious manner.
10.5
Where a final determination is negative, any cash deposit made during the period of the application
of provisional measures shall be refunded and any bonds released in an expeditious manner.
10.6
A definitive anti-dumping duty may be levied on products which were entered for consumption not
more than 90 days prior to the date of application of provisional measures, when the authorities
determine for the dumped product in question that:
(i) there is a history of dumping which caused injury or that the importer was, or should have
been, aware that the exporter practises dumping and that such dumping would cause injury, and
(ii) the injury is caused by massive dumped imports of a product in a relatively short time which
in light of the timing and the volume of the dumped imports and other circumstances (such as a
rapid build-up of inventories of the imported product) is likely to seriously undermine the remedial
effect of the definitive anti-dumping duty to be applied, provided that the importers concerned have
been given an opportunity to comment.
10.7
The authorities may, after initiating an investigation, take such measures as the withholding of
appraisement or assessment as may be necessary to collect anti-dumping duties retroactively, as
provided for in paragraph 6, once they have sufficient evidence that the conditions set forth in that
paragraph are satisfied.
10.8
No duties shall be levied retroactively pursuant to paragraph 6 on products entered for consumption
prior to the date of initiation of the investigation.
Part I: Article 11 Duration and Review of Anti-Dumping Duties and Price Undertakings
11.1
An anti-dumping duty shall remain in force only as long as and to the extent necessary to
counteract dumping which is causing injury.
11.2
The authorities shall review the need for the continued imposition of the duty, where warranted, on
their own initiative or, provided that a reasonable period of time has elapsed since the imposition of
the definitive anti-dumping duty, upon request by any interested party which submits positive
information substantiating the need for a review.(21) Interested parties shall have the right to
request the authorities to examine whether the continued imposition of the duty is necessary to
offset dumping, whether the injury would be likely to continue or recur if the duty were removed
or varied, or both. If, as a result of the review under this paragraph, the authorities determine that
the anti-dumping duty is no longer warranted, it shall be terminated immediately.
11.3
Notwithstanding the provisions of paragraphs 1 and 2, any definitive anti-dumping duty shall be
terminated on a date not later than five years from its imposition (or from the date of the most
recent review under paragraph 2 if that review has covered both dumping and injury, or under this
paragraph), unless the authorities determine, in a review initiated before that date on their own
initiative or upon a duly substantiated request made by or on behalf of the domestic industry within
a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to
continuation or recurrence of dumping and injury.(22) The duty may remain in force pending the
outcome of such a review.
11.4
The provisions of Article 6 regarding evidence and procedure shall apply to any review carried out
under this Article. Any such review shall be carried out expeditiously and shall normally be
concluded within 12 months of the date of initiation of the review.
11.5
The provisions of this Article shall apply mutatis mutandis to price undertakings accepted under
Article 8.
Part I: Article 12 Public Notice and Explanation of Determinations
12.1
When the authorities are satisfied that there is sufficient evidence to justify the initiation of an
anti-dumping investigation pursuant to Article 5, the Member or Members the products of which
are subject to such investigation and other interested parties known to the investigating authorities
to have an interest therein shall be notified and a public notice shall be given.
12.1.1
A public notice of the initiation of an investigation shall contain, or otherwise make available
through a separate report(23) adequate information on the following:
(i) the name of the exporting country or countries and the product involved;
(ii) the date of initiation of the investigation;
(iii) the basis on which dumping is alleged in the application;
(iv) a summary of the factors on which the allegation of injury is based;
(v) the address to which representations by interested parties should be directed;
(vi) the time-limits allowed to interested parties for making their views known.
12.2
Public notice shall be given of any preliminary or final determination, whether affirmative or
negative, of any decision to accept an undertaking pursuant to Article 8, of the termination of such
an undertaking, and of the termination of a definitive anti-dumping duty. Each such notice shall
set forth, or otherwise make available through a separate report, in sufficient detail the findings and
conclusions reached on all issues of fact and law considered material by the investigating
authorities. All such notices and reports shall be forwarded to the Member or Members the
products of which are subject to such determination or undertaking and to other interested parties
known to have an interest therein.
12.2.1
A public notice of the imposition of provisional measures shall set forth, or otherwise make
available through a separate report, sufficiently detailed explanations for the preliminary
determinations on dumping and injury and shall refer to the matters of fact and law which have led
to arguments being accepted or rejected. Such a notice or report shall, due regard being paid to
the requirement for the protection of confidential information, contain in particular:

(i) the names of the suppliers, or when this is impracticable, the supplying countries involved;
(ii) a description of the product which is sufficient for customs purposes;
(iii) the margins of dumping established and a full explanation of the reasons for the methodology
used in the establishment and comparison of the export price and the normal value under Article 2;
(iv) considerations relevant to the injury determination as set out in Article 3;
(v) the main reasons leading to the determination.
12.2.2
A public notice of conclusion or suspension of an investigation in the case of an affirmative
determination providing for the imposition of a definitive duty or the acceptance of a price
undertaking shall contain, or otherwise make available through a separate report, all relevant
information on the matters of fact and law and reasons which have led to the imposition of final
measures or the acceptance of a price undertaking, due regard being paid to the requirement for
the protection of confidential information. In particular, the notice or report shall contain the
information described in subparagraph 2.1, as well as the reasons for the acceptance or rejection of
relevant arguments or claims made by the exporters and importers, and the basis for any decision
made under subparagraph 10.2 of Article 6.
12.2.3
A public notice of the termination or suspension of an investigation following the acceptance of an
undertaking pursuant to Article 8 shall include, or otherwise make available through a separate
report, the non-confidential part of this undertaking.
12.3
The provisions of this Article shall apply mutatis mutandis to the initiation and completion of
reviews pursuant to Article 11 and to decisions under Article 10 to apply duties retroactively.
Part I: Article 13 Judicial Review
Each Member whose national legislation contains provisions on anti-dumping measures shall
maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the
prompt review of administrative actions relating to final determinations and reviews of
determinations within the meaning of Article 11. Such tribunals or procedures shall be independent
of the authorities responsible for the determination or review in question.
Part I: Article 14 Anti-Dumping Action on Behalf of a Third Country
14.1
An application for anti-dumping action on behalf of a third country shall be made by the authorities
of the third country requesting action.
14.2
Such an application shall be supported by price information to show that the imports are being
dumped and by detailed information to show that the alleged dumping is causing injury to the
domestic industry concerned in the third country. The government of the third country shall afford
all assistance to the authorities of the importing country to obtain any further information which the
latter may require.
14.3
In considering such an application, the authorities of the importing country shall consider the effects
of the alleged dumping on the industry concerned as a whole in the third country; that is to say,
the injury shall not be assessed in relation only to the effect of the alleged dumping on the
industry's exports to the importing country or even on the industry's total exports.
14.4
The decision whether or not to proceed with a case shall rest with the importing country. If the
importing country decides that it is prepared to take action, the initiation of the approach to the
Council for Trade in Goods seeking its approval for such action shall rest with the importing
country.
Part I: Article 15 Developing Country Members
It is recognized that special regard must be given by developed country Members to the special
situation of developing country Members when considering the application of anti-dumping measures
under this Agreement. Possibilities of constructive remedies provided for by this Agreement shall
be explored before applying anti-dumping duties where they would affect the essential interests of
developing country Members.
Part II: Article 16 Committee on Anti-Dumping Practices
16.1
There is hereby established a Committee on Anti-Dumping Practices (referred to in this Agreement
as the “Committee”) composed of representatives from each of the Members. The Committee
shall elect its own Chairman and shall meet not less than twice a year and otherwise as envisaged
by relevant provisions of this Agreement at the request of any Member. The Committee shall
carry out responsibilities as assigned to it under this Agreement or by the Members and it shall
afford Members the opportunity of consulting on any matters relating to the operation of the
Agreement or the furtherance of its objectives. The WTO Secretariat shall act as the secretariat to
the Committee.
16.2
The Committee may set up subsidiary bodies as appropriate.
16.3
In carrying out their functions, the Committee and any subsidiary bodies may consult with and seek
information from any source they deem appropriate. However, before the Committee or a
subsidiary body seeks such information from a source within the jurisdiction of a Member, it shall
inform the Member involved. It shall obtain the consent of the Member and any firm to be
consulted.
16.4
Members shall report without delay to the Committee all preliminary or final anti-dumping actions
taken. Such reports shall be available in the Secretariat for inspection by other Members.
Members shall also submit, on a semi-annual basis, reports of any anti-dumping actions taken
within the preceding six months. The semi-annual reports shall be submitted on an agreed
standard form.
16.5
Each Member shall notify the Committee (a) which of its authorities are competent to initiate and
conduct investigations referred to in Article 5 and (b) its domestic procedures governing the
initiation and conduct of such investigations.

Part II: Article 17 Consultation and Dispute Settlement
17.1
Except as otherwise provided herein, the Dispute Settlement Understanding is applicable to
consultations and the settlement of disputes under this Agreement.
17.2
Each Member shall afford sympathetic consideration to, and shall afford adequate opportunity for
consultation regarding, representations made by another Member with respect to any matter
affecting the operation of this Agreement.
17.3
If any Member considers that any benefit accruing to it, directly or indirectly, under this Agreement
is being nullified or impaired, or that the achievement of any objective is being impeded, by another
Member or Members, it may, with a view to reaching a mutually satisfactory resolution of the
matter, request in writing consultations with the Member or Members in question. Each Member
shall afford sympathetic consideration to any request from another Member for consultation.
17.4
If the Member that requested consultations considers that the consultations pursuant to paragraph 3
have failed to achieve a mutually agreed solution, and if final action has been taken by the
administering authorities of the importing Member to levy definitive anti-dumping duties or to
accept price undertakings, it may refer the matter to the Dispute Settlement Body (“DSB”).
When a provisional measure has a significant impact and the Member that requested consultations
considers that the measure was taken contrary to the provisions of paragraph 1 of Article 7, that
Member may also refer such matter to the DSB.
17.5
The DSB shall, at the request of the complaining party, establish a panel to examine the matter
based upon:
(i) a written statement of the Member making the request indicating how a benefit accruing to it,
directly or indirectly, under this Agreement has been nullified or impaired, or that the achieving of
the objectives of the Agreement is being impeded, and
(ii) the facts made available in conformity with appropriate domestic procedures to the authorities of
the importing Member.
17.6
In examining the matter referred to in paragraph 5:
(i) in its assessment of the facts of the matter, the panel shall determine whether the authorities'
establishment of the facts was proper and whether their eval‎uation of those facts was unbiased and
objective. If the establishment of the facts was proper and the eval‎uation was unbiased and
objective, even though the panel might have reached a different conclusion, the eval‎uation shall not
be overturned;
(ii) the panel shall interpret the relevant provisions of the Agreement in accordance with customary
rules of interpretation of public international law. Where the panel finds that a relevant provision of
the Agreement admits of more than one permissible interpretation, the panel shall find the
authorities' measure to be in conformity with the Agreement if it rests upon one of those
permissible interpretations.
17.7
Confidential information provided to the panel shall not be disclosed without formal authorization
from the person, body or authority providing such information. Where such information is requested
from the panel but release of such information by the panel is not authorized, a non-confidential
summary of the information, authorized by the person, body or authority providing the information,
shall be provided.
Part III: Article 18 Final Provisions
18.1
No specific action against dumping of exports from another Member can be taken except in
accordance with the provisions of GATT 1994, as interpreted by this Agreement.(24)
18.2
Reservations may not be entered in respect of any of the provisions of this Agreement without the
consent of the other Members.
18.3
Subject to subparagraphs 3.1 and 3.2, the provisions of this Agreement shall apply to investigations,
and reviews of existing measures, initiated pursuant to applications which have been made on or
after the date of entry into force for a Member of the WTO Agreement.
18.3.1
With respect to the calculation of margins of dumping in refund procedures under paragraph 3 of
Article 9, the rules used in the most recent determination or review of dumping shall apply.
18.3.2
For the purposes of paragraph 3 of Article 11, existing anti-dumping measures shall be deemed to
be imposed on a date not later than the date of entry into force for a Member of the WTO
Agreement, except in cases in which the domestic legislation of a Member in force on that date
already included a clause of the type provided for in that paragraph.
18.4
Each Member shall take all necessary steps, of a general or particular character, to ensure, not later
than the date of entry into force of the WTO Agreement for it, the conformity of its laws,
regulations and administrative procedures with the provisions of this Agreement as they may apply
for the Member in question.
18.5
Each Member shall inform the Committee of any changes in its laws and regulations relevant to
this Agreement and in the administration of such laws and regulations.
18.6
The Committee shall review annually the implementation and operation of this Agreement taking
into account the objectives thereof. The Committee shall inform annually the Council for Trade in
Goods of developments during the period covered by such reviews.
18.7
The Annexes to this Agreement constitute an integral part thereof.



Annex I: Procedures for on-the-Spot Investigations Pursuant to Paragraph 7 of Article 6
1. Upon initiation of an investigation, the authorities of the exporting Member and the firms known
to be concerned should be informed of the intention to carry out on-the-spot investigations.
2. If in exceptional circumstances it is intended to include non-governmental experts in the
investigating team, the firms and the authorities of the exporting Member should be so informed.
Such non-governmental experts should be subject to effective sanctions for breach of confidentiality
requirements.
3. It should be standard practice to obtain explicit agreement of the firms concerned in the
exporting Member before the visit is finally scheduled.
4. As soon as the agreement of the firms concerned has been obtained, the investigating authorities
should notify the authorities of the exporting Member of the names and addresses of the firms to
be visited and the dates agreed.
5. Sufficient advance notice should be given to the firms in question before the visit is made.
6. Visits to explain the questionnaire should only be made at the request of an exporting firm.
Such a visit may only be made if (a) the authorities of the importing Member notify the
representatives of the Member in question and (b) the latter do not object to the visit.
7. As the main purpose of the on-the-spot investigation is to verify information provided or to
obtain further details, it should be carried out after the response to the questionnaire has been
received unless the firm agrees to the contrary and the government of the exporting Member is
informed by the investigating authorities of the anticipated visit and does not object to it; further,
it should be standard practice prior to the visit to advise the firms concerned of the general nature
of the information to be verified and of any further information which needs to be provided, though
this should not preclude requests to be made on the spot for further details to be provided in the
light of information obtained.
8. Enquiries or questions put by the authorities or firms of the exporting Members and essential to
a successful on-the-spot investigation should, whenever possible, be answered before the visit is
made.
Annex II: Best Information Available in Terms of Paragraph 8 of Article 6
1. As soon as possible after the initiation of the investigation, the investigating authorities should
specify in detail the information required from any interested party, and the manner in which that
information should be structured by the interested party in its response. The authorities should also
ensure that the party is aware that if information is not supplied within a reasonable time, the
authorities will be free to make determinations on the basis of the facts available, including those
contained in the application for the initiation of the investigation by the domestic industry.
2. The authorities may also request that an interested party provide its response in a particular
medium (e.g. computer tape) or computer language. Where such a request is made, the authorities
should consider the reasonable ability of the interested party to respond in the preferred medium or
computer language, and should not request the party to use for its response a computer system
other than that used by the party. The authority should not maintain a request for a computerized
response if the interested party does not maintain computerized accounts and if presenting the
response as requested would result in an unreasonable extra burden on the interested party, e.g. it
would entail unreasonable additional cost and trouble. The authorities should not maintain a request
for a response in a particular medium or computer language if the interested party does not
maintain its computerized accounts in such medium or computer language and if presenting the
response as requested would result in an unreasonable extra burden on the interested party, e.g. it
would entail unreasonable additional cost and trouble.
3. All information which is verifiable, which is appropriately submitted so that it can be used in the
investigation without undue difficulties, which is supplied in a timely fashion, and, where applicable,
which is supplied in a medium or computer language requested by the authorities, should be taken
into account when determinations are made. If a party does not respond in the preferred medium
or computer language but the authorities find that the circumstances set out in paragraph 2 have
been satisfied, the failure to respond in the preferred medium or computer language should not be
considered to significantly impede the investigation.
4. Where the authorities do not have the ability to process information if provided in a particular
medium (e.g. computer tape), the information should be supplied in the form of written material or
any other form acceptable to the authorities.
5. Even though the information provided may not be ideal in all respects, this should not justify the
authorities from disregarding it, provided the interested party has acted to the best of its ability.
6. If evidence or information is not accepted, the supplying party should be informed forthwith of
the reasons therefor, and should have an opportunity to provide further explanations within a
reasonable period, due account being taken of the time-limits of the investigation. If the
explanations are considered by the authorities as not being satisfactory, the reasons for the rejection
of such evidence or information should be given in any published determinations.
7. If the authorities have to base their findings, including those with respect to normal value, on
information from a secondary source, including the information supplied in the application for the
initiation of the investigation, they should do so with special circumspection. In such cases, the
authorities should, where practicable, check the information from other independent sources at their
disposal, such as published price lists, official import statistics and customs returns, and from the
information obtained from other interested parties during the investigation. It is clear, however, that
if an interested party does not cooperate and thus relevant information is being withheld from the
authorities, this situation could lead to a result which is less favourable to the party than if the
party did cooperate.

Notes:
20. It is understood that the observance of the time?limits mentioned in this subparagraph and in
subparagraph 3.2 may not be possible where the product in question is subject to judicial review
proceedings. back to text
21. A determination of final liability for payment of anti-dumping duties, as provided for in
paragraph 3 of Article 9, does not by itself constitute a review within the meaning of this Article.
back to text
22. When the amount of the anti-dumping duty is assessed on a retrospective basis, a finding in
the most recent assessment proceeding under subparagraph 3.1 of Article 9 that no duty is to be
levied shall not by itself require the authorities to terminate the definitive duty. back to text
23. Where authorities provide information and explanations under the provisions of this Article in a
separate report, they shall ensure that such report is readily available to the public. back to text
24. This is not intended to preclude action under other relevant provisions of GATT 1994, as
appropriate.