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Table of contents back to top
I.
Article 1 back to top
A. Text of
Article 1
B. Interpretation and Application
of Article 1
1. General
(a) “anti-dumping
measure”
(b) “initiated and conducted in accordance with the provisions of this
Agreement”
(c) Relationship with other Articles
II.
Article 2 back to top
A. Text of
Article 2
B. Interpretation and Application
of Article 2
1. General
(a) Period of data collection
(i) Recommendation
by the Committee on Anti-Dumping Practices
(ii) The
role of the investigation period
(b) Relationship
with other paragraphs of Article 2
2. Article 2.1
(a) Conditions on sales transactions for the
calculation of normal value
(i) Use of downstream sales
(b) Sales
“in the ordinary course of
trade”
(i) Definition of sales
“in the ordinary
course of trade”
(ii) Investigating
authorities’ discretion under
Article 2.1
(iii) Sales not in the ordinary course of trade
(c) Request for information
(d) Relationship with other paragraphs of Article
2
(i) Article 2.2.1
(ii) Article 2.4
3. Article 2.2
(a) Request for cost information
(b) Article 2.2.1
(i) Article 2.2.1.1
(c) Article 2.2.2
(i) Amounts
based on actual data pertaining to production and sales of the like
product
(ii) Use
of low volume sales Selling, General and Administrative costs (SG&A)
and profits data in constructing normal value
(iii) Priority
of options
(iv) Relationship
with Article 2.2.2
(v) Article
2.2.2(i)
— “same general category of products”
(vi) Article 2.2.2(ii)
— “weighted average” and data from “other exporters or producers”
(vii) Article
2.2.2(ii) — production and sales amounts “incurred and realized”
(viii) Article
2.2.2(ii) — should “weighted” average be based on the value or the
volume of sales?
(ix) No
separate “reasonability” test
(d) Relationship with other paragraphs of Article
2
4. Article 2.3
5. Article 2.4
(a) First sentence
(i) Fair comparison of export price and normal
value
(ii) Relationship with other sentences
(b) Second sentence
(i) “sales made at as nearly as possible the
same time”
(c) Third sentence:
“Due allowance”
(i) “in each case, on its merits”
(ii) “differences which affect price
comparability”
(iii) Differences in
“terms and conditions of
sale”
(d) Fourth sentence
(i) Legal effect
(ii) “costs … incurred between importation
and resale”
(e) Fifth sentence
(f) Article 2.4.1
(i) Scope of Article 2.4.1
(ii) “required”
(iii) Relationship with Article 2.4
(g) Article 2.4.2
(i) “margins”
(ii) Weighted
average normal value / weighted average export price
(iii) Weighted average / individual transactions
(h) Relationship between paragraphs of Article 2.4
(i) Relationship with other paragraphs of Article
2
6. Article
2.6
7. Relationship
with other Articles
8. Relationship
with other WTO Agreements
(a) Article VI of GATT 1994
(b) Article X of GATT 1994
III.
Article 3 back to top
A. Text of
Article 3
B. Interpretation and Application
of Article 3
1. General
(a) Relationship
with other paragraphs of Article 3
(b) Period of data collection
(i) Jurisprudence
(ii) Recommendation by the Committee on Anti-Dumping Practices
2. Footnote 9
3. Article 3.1
(a) Significance of paragraph 1 within the context of Article 3
(b) Investigating
authorities’ obligation under Article 3.1
(i) “positive
evidence”
(ii) “Objective
examination”
(c) An
objective examination based on positive evidence of “dumped imports”
(d) “the effect of dumped imports”
(e) Relationship with other paragraphs in Article 3
4. Article 3.2
(a) Choice of analytical methodology
(i) General
(ii) Frequency of analysis
(iii) Length of period of investigation
(b) “a significant increase in dumped imports”
(c) “the effect of the dumped imports on prices”
(d) “price undercutting”
(e) Relationship with other paragraphs of Article 3
5. Article 3.3
(a) Relationship with other paragraphs of Article 3
(b) Conditions
for cumulation — general
(c) Conditions
for cumulation — appropriate in light of the “conditions of
competition”
6. Article 3.4
(a) “dumped imports”
(b) “domestic industry”
(i) Sectoral
analysis
(ii) Domestic
producers outside the “sample”
(iii) Companies
outside the domestic industry
(c) “all relevant economic factors and indices having a bearing
on the state of the industry”
(i) Mandatory or illustrative nature of the list of factors
(ii) Other factors not listed in Article 3.4
(iii) “having a bearing on”
(d) Evaluation of relevant factors
(i) Concept of evaluation
(ii) Evaluation of all listed factors
(e) Relationship with other paragraphs in Article 3
7. Article 3.5
(a) Article 3.5 requirements for investigating authorities
(b) Scope of the non-attribution language in Article 3.5
(c) “dumped imports”
(d) “any known factors other than dumped imports”
(i) Concept of known factors
(ii) Illustrative list of known factors
(e) Non-attribution methodology
(f) Relationship with other paragraphs of Article 3
8. Article 3.6
(a) Domestic industry production
9. Article 3.7: Threat of material injury
(a) “change in circumstances”
(b) Requirement
to “consider” factors of Article 3.7
(c) Article 3.7(i):
“likelihood of substantially increased
importation”
(d) Analysis of the
“consequent impact” of dumped imports
on the domestic industry
(e) Distinction between the roles of the investigating authorities
and the Panel
(f) Relationship with other paragraphs in Article 3
10. Article
3.8
11. Relationship
with other Articles
(a) Article 1
(b) Article 4
(c) Article 5
(d) Article 6
(e) Article 9
(f) Article 11
(g) Article 12
(h) Article 17
(i) Article 18
12. Relationship with other WTO Agreements
(a) Article VI of GATT 1994
(b) Agreement on Safeguards
IV.
Article 4 back to top
A. Text of
Article 4
B. Interpretation and
Application of Article 4
1. Article
4.1
(a) “domestic
industry”
(b) “domestic
producers”
(c) “a
major proportion of the total domestic production”
2. Relationship
with other Articles
V.
Article 5 back to top
A. Text of
Article 5
B. Interpretation and
Application of Article 5
1. General
(a) The
Doha mandate
2. Article
5.2
(a) General
(b) “evidence
of … dumping”
(c) “evidence
of … injury”
(d) “evidence
of … causal link” — subparagraph (iv)
(e) “simple
assertion, unsubstantiated by relevant evidence”
(f) Relationship
with other paragraphs in Article 5
3. Article
5.3
(a) “sufficient
evidence to justify the initiation of an investigation”
(i) Distinction
from the requirements under Article 5.2
(ii) Sufficient
evidence for “dumping”
(iii) Sufficient
evidence for “injury”
(iv) Standard
of review — relationship with Article 17.6
(b) “shall
examine the accuracy and adequacy of the evidence provided in the
application”
(c) Relationship
with other paragraphs in Article 5
4. Article
5.4
(a) General
(b) Relationship
with Article 11.4 of the SCM Agreement
5. Article
5.5
(a) “before
proceeding to initiate”
(b) “notify
the government”
(i) General
(ii) “Oral”
notification
(iii) Content
of notification
(c) “Harmless
error” with respect to Article 5.5 violation/Rebuttal against
nullification or impairment presumed from a violation of Article 5.5
6. Article
5.7
7. Article
5.8
(a) Rejection
of an application to initiate an investigation
(b) “cases”
(c) “de
minimis” test
(d) Negligible
import volumes
(e) Relationship
with other paragraphs in Article 5
8. Relationship
with other Articles
(a) Article
1
(b) Article
2
(c) Article
3
(d) Article
6
(e) Article
9
(f) Article
10
(g) Article
12
(h) Article
17
(i) Article
18
9. Relationship
with other WTO Agreements
(a) Article
VI of GATT 1994
VI.
Article 6 back to top
A. Text of
Article 6
B. Interpretation and
Application of Article 6
1. Article
6.1
(a) General
(i) Failure
to indicate the information required
(ii) Failure
to set time-limits for the presentation of arguments and evidence
(iii) Failure
to provide information concerning the extension of the period of
investigation
(iv) Failure
to allow interested parties access to information
(b) Article
6.1.1
(i) “questionnaires”
(ii) Deadlines
(c) Article
6.1.2
(i) “evidence
presented … by one party shall be made available promptly to other
interested parties”
(ii) “interested
parties participating in the investigation”
(iii) “subject
to the requirement to protect confidential information”
(d) Article
6.1.3
(e) Relationship
with other paragraphs in Article 6
2. Article
6.2
(a) “shall
have a full opportunity for the defence of their interests”
(i) Article
6.2, first sentence as a fundamental due process provision
(ii) General
nature and extent of the obligations under Article 6.2
(b) Relationship
with other paragraphs in Article 6
(c) Relationship
with other provisions of the Anti-Dumping Agreement
3. Article
6.4
(a) “shall
… provide timely opportunities for all interested parties to see all
information”
(b) “to
see all information that is relevant to the presentation of their cases”
(c) Relationship
with other paragraphs in Article 6
4. Article
6.5
(a) Showing
of “good cause” for confidential treatment
(b) Article
6.5.1
(i) Purpose
of non-confidential summaries
(ii) Requirement
to provide reasons for confidentiality
(c) Article
6.5.2
(d) Relationship
with other paragraphs in Article 6
5. Article
6.6
(a) “satisfy
themselves as to the accuracy of the information”
(b) Burden
on the investigating authorities
6. Article
6.7 and Annex I
(a) Relationship
between Article 6.7 and Annex I
(b) On-the-spot
verifications as an option
(c) Information
verifiable on-the-spot
(d) Participation
of non-governmental experts in the on-the-spot verification
7. Article
6.8 and Annex II: “facts available”
(a) General
(i) Function
of Article 6.8 and Annex II
(ii) Relationship
between Article 6.8 and Annex II
(iii) Mandatory
nature of Annex II provisions
(b) Authorities’
duty to “specify in detail the information required from an
interested party”
(i) “as
soon as possible”
(ii) Failure
to specify in detail the information required
(c) When
to resort to facts available
(d) When
not to resort to facts available
(e) Information
which is “verifiable”
(i) General
(ii) When
is information verifiable?
(iii) Relevance
of good faith cooperation
(f) Information
“appropriately submitted so that it can be used in the
investigation without undue difficulties”
(g) Necessary
information submitted in a timely fashion
(i) Timeliness
(ii) “necessary
information”
(iii) Information
submitted after a deadline
(iv) “within
reasonable period” and “within reasonable time”
(h) Information
submitted in the medium or computer language requested
(i) Non-cooperation:
“refuse access to” or “otherwise fail to provide”
(i) Meaning
of cooperation
(ii) Degree
of cooperation: “to the best of its ability”
(iii) Justification
for non-cooperation
(iv) Cooperation
as a two-way process
(j) Information
used in case of resorting to facts available
(i) “secondary
source … with special circumspection”
(ii) “Adverse”
facts available
(k) Authorities’
duty to inform on reasons for disregarding information
(l) Confidential
versus non-confidential information
(m) Scope
of Panel’s review: national authorities’ justification at the time of
its determination
(n) Consistency
of domestic legislation with Article 6.8 and Annex II
(o) Relationship
with other paragraphs in Article 6
8. Article
6.9
(a) “shall,
before a final determination is made, inform all interested parties of
the essential facts under consideration”
(i) Means
to inform all interested parties of the essential facts
(ii) “the
essential facts … which form the basis for the decision whether to
apply definitive measures”
(iii) Relevance
of the fact that information is made available in the authorities’
record
(iv) Disclosure
of information forming the basis of a preliminary ruling
(v) Failure
to inform the changes in factual foundation from a preliminary
determination to final determination
(b) Relationship
with other paragraphs in Article 6
9. Article
6.10
(a) General
(b) “individual margin of dumping for each
known exporter or producer”
10. Article 6.13
(a) Relationship with paragraphs 2 and 5 of Annex
II
11. Relationship with other Articles
(a) Article 1
(b) Article 2
(c) Article 3
(d) Article 9
(e) Article 12
(f) Article 18
12. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
VII.
Article 7 back to top
A. Text of
Article 7
B. Interpretation and
Application of Article 7
1. General
2. Relationship
with other Articles
(a) Article
1
(b) Article
6
(c) Article
9
(d) Article
17
(e) Article
18
3. Relationship
with other WTO Agreements
(a) Article
VI of the GATT 1994
VIII.
Article 8 back to top
A. Text of
Article 8
B. Interpretation and
Application of Article 8
IX.
Article 9 back to top
A. Text of
Article 9
B. Interpretation and
Application of Article 9
1. Article
9.2
(a) Relationship
with Article 9.3
2. Article
9.3
(a) “de
minimis” test
(b) variable
duties
(c) Relationship
with Article 9.2
3. Article
9.4
(a) Purpose
of Article 9.4
(b) Ceiling
for “all others” rate
(i) Article
9.4(i): “weighted average margin of dumping with respect to
selected exporters or producers”
(ii) Prohibitions
in the calculation of “all others” rate: zero and de minimis
margins, margins based on facts available
4. Relationship
with other Articles
(a) Article
9.3 with Article 5.8
(b) Article
9.3 with Article 6.8
(c) Article
9.4 with Article 6.8
(d) Article
9.4 with Article 6.10
5. Relationship
with other WTO Agreements
(a) Article
VI:2 of the GATT 1994
X.
Article 10 back to top
A. Text of
Article 10
B. Interpretation and
Application of Article 10
1. Article
10.1
2. Article
10.6
3. Article
10.7
(a) “such
measures”
(b) “sufficient
evidence” that the conditions of Article 10.6 are satisfied
(i) Concept
of “sufficient evidence”
(ii) Extent
of the authorities’ determination
(iii) Conditions
of Article 10.6
4. Relationship
with other Articles
XI.
Article 11 back to top
A. Text of
Article 11
B. Interpretation and
Application of Article 11
1. Article
11.1
(a) Necessity
(b) Relationship
with other paragraphs in Article 11
2. Article
11.2
(a) “whether
the continued imposition of the duty is necessary to offset
dumping”
(b) “injury”
(c) “likely
to lead to continuation or recurrence”
(d) “warranted”
(e) Relationship
with other paragraphs in Article 11
3. Article
11.3
(a) General
(i) Mandating
rule / exception
(ii) Difference
between original investigation and sunset reviews
(iii) Active
role of investigating authorities
(iv) Positive
evidence
(b) No
specific methodology
(c) Use
of presumptions in a likelihood determination
(d) Order-wide
basis of a likelihood determination
(e) No
prescribed time-frame for likelihood of continuation or recurrence of
injury
(f) Applicability
of procedural obligations
(i) Evidentiary
standards for initiation
(ii) De
minimis standard in sunset reviews
(iii) Cumulation
(g) “likely”
(h) Relationship
with other paragraphs of Article 11
4. Relationship
with other Articles
(a) Article
3
XII.
Article 12 back to top
A. Text of
Article 12
B. Interpretation and
Application of Article 12
1. Article
12.1
(a) General
(b) Obligation
to notify “interested parties known to the investigating parties to
have an interest” in the investigation
(c) Article
12.1.1
(i) General
(ii) Article
12.1.1(iv) — “a summary of the factors on which the allegation of
injury is based”
2. Article
12.2
(a) General
(b) Article
12.2.1
(c) Article
12.2.2
3. Relationship
with other Articles
(a) General
(b) Article
1
(c) Article
2
(d) Article
3
(e) Article
5
(f) Article
6
(g) Article
9
(h) Article
15
(i) Article
17
(j) Article
18
4. Relationship
with other WTO Agreements
(a) Article
VI of the GATT 1994
XIII.
Article 13 back to top
A. Text of
Article 13
B. Interpretation and
Application of Article 13
XIV.
Article 14 back to top
A. Text of
Article 14
B. Interpretation and
Application of Article 14
XV.
Article 15 back to top
A. Text of
Article 15
B. Interpretation and
Application of Article 15
1. General
(a) The
Doha Mandate
2. First
sentence
(a) Extent
of Members’ obligation
(b) When
and to whom “special regard” should be given
3. Second
sentence
(a) “constructive
remedies provided for by this Agreement”
(b) “shall
be explored”
(c) “before
applying anti-dumping duties”
4. Relationship
with other Articles
XVI.
Article 16 back to top
A. Text of
Article 16
B. Interpretation and
Application of Article 16
1. Article
16.1
(a) Rules
of procedure
(b) “shall
meet not less than twice a year and otherwise”
2. Article
16.4
(a) Minimum
information to be provided in reporting without delay all preliminary or
final anti-dumping actions
(b) “The
semi-annual reports shall be submitted on an agreed standard form”
XVII.
Article 17 back to top
A. Text of
Article 17
B. Interpretation and
Application of Article 17
1. General
(a) Concurrent
application of Article 17 of the Anti-Dumping Agreement and the rules
and procedures of the DSU
(b) Challenge
against anti-dumping legislation as such
(c) Mandatory
versus discretionary legislation
(i) General
(ii) Rejection
of the distinction?
(d) Challenge
of a “practice” as such
2. Article
17.1
(a) “settlement
of disputes”
3. Article
17.2
(a) “any
matter affecting the operation of this Agreement”
4. Article
17.3
(a) Exclusion
of Article 17.3 of the Anti-Dumping Agreement from Appendix 2 of the DSU
5. Article
17.4
(a) General
(b) Panel
terms of reference
(i) Concept
of “matter”
6. Article
17.5
(a) Article
17.5(i)
(b) Article
17.5(ii)
(i) Documents
not available to the investigating authorities
(ii) Undisclosed
facts
(iii) Documents
created for the purpose of a dispute
(c) Relationship
with other paragraphs in Article 17
7. Article
17.6
(a) Relationship
with the standard of review in Article 11 of the DSU
(b) Article
17.6(i)
(i) General
(ii) “establishment
of the facts was proper”
(iii) “the
evaluation of facts was unbiased and objective”
(iv) Relevance
of the different roles of panels and investigating authorities
(v) No
ex post rationalization
(vi) Relationship
of Article 17.6(i) with Article 11 of the DSU
(c) Article
17.6(ii)
(i) First
sentence: customary rules of interpretation
(ii) Second
sentence: more than one permissible interpretation
(iii) Relationship
with standard of review in Article 11 of the DSU
(d) Relationship
between subparagraphs (i) and (ii) of Article 17.6
8. Relationship
with other Articles
(a) Article 3
(b) Article 5
(c) Article 7
(d) Article 18
9. Relationship with other WTO Agreements
(a) GATT 1994
(i) Articles XXII and XXIII
(b) DSU
(i) Article 1
(ii) Article 3.8
(iii) Article 6.2
(iv) Article 7
(v) Article 11
(vi) Article 19.1
10. List of disputes under the Anti-Dumping
Agreement
XVIII.
Article 18 back to top
A. Text of
Article 18
B. Interpretation and
Application of Article 18
1. General
(a) Rules
on interpretation of the Anti-Dumping Agreement
2. Article
18.1
(a) “specific
action against dumping”
(b) “except
in accordance with the provisions of GATT 1994”
(c) Footnote
24
3. Article
18.3
(a) “reviews
of existing measures”
(b) Application
of the Anti-Dumping Agreement
4. Article
18.4
(a) Maintenance
of inconsistent legislation after entry into force of WTO Agreement
(b) Mandatory
versus discretionary legislation
(c) Measures
subject to dispute settlement
5. Article
18.5
6. Article
18.6
(a) Annual
reviews
7. Relationship
with other Articles
(a) General
(b) Article
17
8. Relationship
with other WTO Agreements
(a) Article
VI of GATT 1994
(b) SCM
Agreement
XIX.
Annex I back to top
A. Text of Annex I
B. Interpretation and
Application of Annex I
1. On-the-spot
verifications as an option
2. Participation
of non-governmental experts in the on-the-spot verification
3. Information
verifiable on-the-spot
4. Relationship
with other Articles
XX.
Annex II back to top
A. Text of Annex II
B. Interpretation and
Application of Annex II
1. “best
information available”
2. Paragraph
1
3. Paragraph
3
4. Paragraph
5
5. Paragraph
6
(a) Duty
to inform of reasons for disregarding evidence or information
(b) “reasonable
period, due account being taken of the time-limits of the
investigation”
6. Paragraph
7
7. Relationship
with Article 6
(a) Relationship
with Article 6.1
(b) Relationship
with Article 6.2
(c) Relationship
with Article 6.8
XXI.
Relationship with other WTO Agreements
back to top
A. Article VI of the GATT 1994
B. Article XI of GATT 1994
C. Article 3.2 of the DSU
D. Article 11 of the DSU
E. Agreement on Safeguards
F. SCM Agreement
XXII.
Declaration on Dispute Settlement Pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Countervailing Measures
back to top
A. Text
B. Interpretation and Application
XXIII.
Decision on Review of Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs And Trade 1994
back to top
A. Text
B. Interpretation and Application
XXIV.
Decision on Anti-Circumvention back to top
A. Text of the Decision on Anti-Circumvention
B. Interpretation and
Application of the Decision on Anti-Circumvention
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