Wto Agreement Anti Dumping

Article 7 of the agreement contains provisions for the establishment of interim measures. These include the requirement for the authorities to make an interim positive finding of dumping, harm and causation prior to the application of the interim measures, as well as the obligation not to apply interim measures no earlier than sixty days after the opening of the investigation. Interim measures may take the form of a provisional right or, preferably, a cash deposit or loan at the provisionally established dumping margin. The agreement also provides for deadlines for the implementation of interim measures, usually four months, with the possibility of an extension to six months at the request of exporters. When a member levies, at the time of the application of the anti-dumping duties, duties below the dumping margin, where they are sufficient to eliminate the harm, the period of interim measures is generally six months, with a possible extension possible at the request of exporters for a period of nine months. The 1994 GATT contains a number of fundamental principles that apply to trade among WTO members, including the principle of the most favoured nation. It also requires that imported goods not be subject to internal taxes or other modifications beyond imported goods for domestic goods, and that imported goods not be treated less favourably than domestic products in other respects, as well as rules on quantitative restrictions, royalties and customs procedures related to import and assessment of duties. WTO members also approved a timetable for related tariffs. On the other hand, Article VI of the 1994 GATT expressly authorizes the establishment of a specific anti-dumping duty on imports from a given source exceeding the fixed rates, in cases where dumping harms or harms a domestic industry or significantly delays the creation of a domestic industry. The agreement on the implementation of Article VI of the 1994 GATT, commonly known as the Anti-Dumping Agreement, provides for the further development of the basic principles set out in Article VI itself, in order to regulate the investigation, fixation and application of anti-dumping duties. 6.7 In order to verify the information transmitted or to obtain further details, the authorities may, if necessary, carry out investigations on the territory of other members, provided that the companies concerned are obtained and informed by the representatives of the government of the member concerned, and unless that member objects to the investigation. The procedures described in Schedule I apply to investigations carried out on the territory of other Members.

Subject to the obligation to protect confidential information, the authorities make the results of these investigations available to the companies to which they belong, or transmit them in accordance with paragraph 9, and may make it available to applicants. Article 5 sets out the conditions for opening investigations. The AD agreement provides that investigations should normally be initiated on the basis of a written request made “by or on behalf” of a domestic industry. This “permanent” requirement is supported by numerical limits to determine whether domestic producers receive sufficient assistance to conclude that the application is submitted by or on behalf of the domestic industry, which warrants an introduction.

Fotos: Kathrin Leisch
Impressum | AGB