외교부

AGREEMENT ON IMPLEMENTATION OF ARTICLE VI

OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

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 initiated1 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.

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 country2, 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

1The term "initiated" as used in this Agreement means the procedural action by which a Member formally commences

an investigation as provided in Article 5.

2Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be

considered a sufficient quantity for the determination of the normal value if such sales constitute 5 per cent or more of the

sales of the product under consideration to the importing Member, provided that a lower ratio should be acceptable where

the evidence demonstrates that domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide for a

proper comparison.

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only if the authorities3 determine that such sales are made within an extended period

of time4 in substantial quantities5 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;

3When in this Agreement the term "authorities" is used, it shall be interpreted as meaning authorities at an appropriate

senior level.

4The extended period of time should normally be one year but shall in no case be less than six months.

5Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average

selling price of the transactions under consideration for the determination of the normal value is below the weighted average

per unit costs, or that the volume of sales below per unit costs represents not less than 20 per cent of the volume sold in

transactions under consideration for the determination of the normal value.

6The adjustment made for start-up operations shall reflect the costs at the end of the start-up period or, if that period extends

beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during

the investigation.

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(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 sale8, 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.

7It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate

adjustments that have been already made under this provision.

8Normally, the date of sale would be the date of contract, purchase order, order confirmation, or invoice, whichever establishes

the material terms of sale.

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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.

Article 3

Determination of Injury9

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

9Under this Agreement the term "injury" shall, unless otherwise specified, be taken to mean material injury to a domestic

industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and

shall be interpreted in accordance with the provisions of this Article.

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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.

10One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the near

future, substantially increased importation of the product at dumped prices.

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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.

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 related11 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 levied12 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.

11For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of

them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person;

or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting

that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers.

For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a

position to exercise restraint or direction over the latter.

12As used in this Agreement "levy" shall mean the definitive or final legal assessment or collection of a duty or tax.

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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

expressed13 by domestic producers of the like product, that the application has been made by or on

13In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine

support and opposition by using statistically valid sampling techniques.

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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.

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.

14Members are aware that in the territory of certain Members employees of domestic producers of the like product or

representatives of those employees may make or support an application for an investigation under paragraph 1.

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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

exporters16 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

15As a general rule, the time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for

this purpose shall be deemed to have been received one week from the date on which it was sent to the respondent or transmitted

to the appropriate diplomatic representative of the exporting Member or, in the case of a separate customs territory Member

of the WTO, an official representative of the exporting territory.

16It being understood that, where the number of exporters involved is particularly high, the full text of the written application

should instead be provided only to the authorities of the exporting Member or to the relevant trade association.

17Members are aware that in the territory of certain Members disclosure pursuant to a narrowly-drawn protective order

may be required.

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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

18Members agree that requests for confidentiality should not be arbitrarily rejected.

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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.

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

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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.

Article 8

Price Undertakings

8.1 Proceedings may19 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,

19The word "may" shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation

of price undertakings except as provided in paragraph 4.

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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.

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

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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

20It 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.

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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.

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

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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.

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

21A 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.

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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.

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 report23, 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.

22When 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.

23Where 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.

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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.

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.

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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.

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.

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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.

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.

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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.

24This is not intended to preclude action under other relevant provisions of GATT 1994, as appropriate.

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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.

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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.

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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

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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.