Agreement On Dumping

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. 6.4 The authorities give all interested parties the opportunity, in due course, to consult all information useful to the presentation of their cases, which are not confidential within the meaning of paragraph 5 and which are used by the authorities in the context of an anti-dumping investigation, and to prepare submissions on the basis of this information. Article 5 of the agreement sets out the conditions for the initiation of investigations. The agreement stipulates that investigations should normally be initiated on the basis of a written request submitted by a national sector or on behalf of a national sector. This ongoing requirement sets numerical limits to determine whether domestic producers receive sufficient assistance to conclude that the application is submitted by or on behalf of the domestic industry and thus warrants an introduction. The agreement establishes, in written requests for anti-dumping measures, prejudice and causation, as well as other information about the product, industry, importers, exporters and other issues, in written requests for anti-dumping protection, and provides that, in special circumstances, when the authorities soggy without a written request from a national sector, you can only go ahead if they have sufficient evidence of dumping. , prejudice and causation. In order to ensure that free investigations do not continue, which could disrupt legitimate trade, Article 5.8 provides for the immediate closure of investigations in cases where the volume of imports is negligible or if the margin of dumping is de minimis, and sets thresholds for these findings. In order to minimize the commercial effect of investigations, Article 5.10 stipulates that investigations must be closed within one year, under no circumstances after the opening of more than 18 months. When tariffs were reduced in the period following the initial GATT agreement, anti-dumping duties were increasingly introduced and the inadequacy of Article VI to frame their introduction became increasingly evident. For example, Article VI requires that the harm of material interest be established, but provides no indication of the existence of such harm and deals with the method of determining the existence of dumping only in the most general way.

As a result, the GATT contracting parties negotiated more detailed anti-dumping codes. The first code, the Anti-Dumping Agreement, came into force in 1967 following the Kennedy Round. However, the United States never signed the Kennedy Round Code, and as a result the code had little practical importance. The Tokyo Round Code, which came into force in 1980, has taken a leap forward. On the merits, it provided much more information on the determination of dumping and harm than Article VI. It is equally important that it essentially sets out certain procedural and procedural requirements that must be met in the conduct of investigations. Nevertheless, the code has always been only a general framework for countries to follow in the investigation and collection of tariffs.