wto anti-dumping agreement original languageEnglishAGREEMENT ON IMPLEMENTATION OF ARTICLE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 199 Members hereby agr

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 selling and general administrative expenses and for profits. 2.3 In cases where there is no comparable price in the ordinary course of trade or where such a price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price shall be constructed on the basis of the price at which the imported products are first resold in the importing country to an independent buyer or, if the products are not resold to an independent buyer, or are not resold in the condition as imported, on such reasonable basis as is available. Article Article Initiation and Subsequent Investigation 3.1 An anti-dumping investigation shall be initiated upon a written application by or on behalf of the domestic industry. Such an application shall contain sufficient evidence of dumping, injury and a causal link between the dumped imports and the alleged injury. 3.2 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. The authorities may also consider any other evidence that they deem relevant. 3.3 The authorities shall notify the exporting country and the exporters known to be concerned and shall provide them with a copy of the application, except that in exceptional circumstances, where the authorities concerned consider that a delay in providing such information is necessary to protect confidential information, such notification may be made subsequently. 3.4 In cases where the authorities concerned consider that the evidence provided in the application does not justify the initiation of an investigation, they shall inform the domestic industry concerned of the reasons for not initiating an investigation and their decision shall be published. Article Article Provisional Measures 4.1 Provisional measures may be imposed only after a preliminary determination has been made that there is sufficient evidence of dumping and injury to justify the imposition of such measures, and after a public notice has been given. Such provisional measures shall not exceed the margin of dumping established in the preliminary determination. 4.2 Provisional measures shall be limited to an amount necessary to prevent injury being caused during the investigation period. They shall be imposed in the form of a provisional duty or, preferably, in the form of a security by cash deposit or bond equal to the amount of the provisional duty. 4.3 Provisional measures shall be promptly terminated if 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, or that the provisional measures are causing greater harm to the domestic industry than the injury they are intended to prevent, or if the definitive duty is lower than the provisional duty. Article Article Price Undertakings 5.1 In order to avoid the imposition of definitive anti-dumping duties, an exporter may offer to revise its prices so that the export price no longer constitutes dumping. The authorities may accept such an offer provided that the exporter undertakes to revise its prices or to cease exports to the area concerned at dumped prices. 5.2 The acceptance of a price undertaking shall be in accordance with the procedures set out in this Agreement for the determination of the amount of the anti-dumping duty. 5.3 The duration of a price undertaking shall not exceed six months unless an extension is granted in accordance with the provisions of this Agreement. Article Article Calculation of the Amount of Anti-Dumping Duties 6.1 The amount of the anti-dumping duty shall not exceed the margin of dumping established. 6.2 The anti-dumping duty shall be less than the margin of dumping if such lesser duty would be sufficient to remove the injury to the domestic industry. 6.3 The anti-dumping duty shall be limited to the amount necessary to prevent the injury being caused by the dumped imports. 6.4 The anti-dumping duty shall be imposed on a non-discriminatory basis on imports from all sources found to be dumped and causing injury, except as to imports from those sources from which undertakings under Article have been accepted. Article Article Duration and Review of Anti-Dumping Duties 7.1 Anti-dumping duties shall be imposed for a period of five years and shall be terminated on a date not later than five years from their imposition, 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 duties would be likely to lead to continuation or recurrence of dumping and injury. 7.2 The imposition of anti-dumping duties on any product shall cease automatically five years from the date of imposition, unless a review initiated before that date has established that the expiry of the duties would be likely to lead to continuation or recurrence of dumping and injury. 7.3 The duration of any anti-dumping duty, whether it expires five years from its imposition or from the date of the conclusion of a review under 7.2, shall be for a period of no more than five years from the date of the most recent review under 7.1 or 7.2, unless it is determined in a subsequent review that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury. Article Article Special Provisions for Developing Country Members 8.1 Developing country Members shall not be required to apply the provisions of this Agreement, in whole or in part, for a period of five years from the date of entry into force of the WTO Agreement for them. 8.2 In the case of developing country Members which are both exporters and importers of a product concerned, the provisions of this Agreement shall be applied only to the extent that the authorities of the exporting developing country determine that the dumped imports are causing injury to the domestic industry in their territory. 8.3 In the case of anti-dumping investigations involving imports from developing country Members, Member countries shall proceed carefully and give sympathetic consideration to any difficulties which may arise in determining the existence of dumping in such cases. Article Article Anti-Circumvention 9.1 Anti-circumvention measures shall be applied in accordance with the provisions of this Agreement. 9.2 Circumvention shall be defined as a change in the pattern of trade between third countries and the importing country or between third countries which is a result of the imposition of the duty, or as a movement of the product concerned to another country, with no or insuf

ficient processing, where such a movement is apparently undertaken with the intention of avoiding the imposition of the duty. 9.3 The authorities shall have the power to undertake a review for the purpose of determining the need for, and the applicability of, anti-circumvention measures. Article Article Review and Surveillance 10.1 The provisions of this Agreement shall not be construed to prevent any Member from taking action to avoid circumvention of anti-dumping duties. 10.2 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 duty, upon request by any interested party which submits positive information substantiating the need for a review. 10.3 The authorities shall conduct a review, where warranted, expeditiously and shall, in any event, conclude the review within twelve months of the date of initiation of the review. 10.4 The authorities shall maintain surveillance of the measures in force. Article Article Implementation 11.1 Members shall ensure that the provisions of this Agreement are administered in a uniform, impartial and reasonable manner. 11.2 Members shall ensure that any administrative procedures for the application of anti-dumping measures are transparent and that they provide a means for prompt review and, where warranted, correction of administrative actions. 11.3 Members shall ensure, by means of periodic consultations among interested parties, that any measures taken under this Agreement are not applied in a manner which would constitute a disguised restriction on international trade. Article Article Developing Country Members 12.1 Special regard shall be given to the special situation of developing country Members in the implementation of the provisions of this Agreement. 12.2 Members shall provide technical assistance to developing country Members upon request in the administration of this Agreement, including assistance in the conduct of investigations. Article Article Final Provisions 13.1 This Agreement shall be open for acceptance by all Members and for accession by governments of non-Members having received approval of the Ministerial Conference. 13.2 This Agreement shall enter into force on the ninetieth day following the date of receipt by the Director-General of the WTO of the instrument of acceptance or accession of two-thirds of the Members of GATT 1947 and shall remain in force as long as the WTO Agreement remains in force, provided that its provisions shall be subject to review five years after its entry into force. 13.3 Any Member may withdraw from this Agreement upon written notice to the Director-General of the WTO, and such withdrawal shall take effect six months after the date on which the Director-General receives such notice