Wto Anti Dumping Agreement Summary

Introducing anti-dumping in the WTO section Links to anti-dumping of the WTO guide „WTO Agreement“. In many cases, the tariffs levied on these products exceed the value of goods. Anti-dumping duties are generally levied when a foreign company sells an item that is significantly lower than the price at which it is produced. Dumping is defined in the 1994 GATT Article VI (anti-dumping agreement) agreement as the introduction of a product in another country`s trade to a normal value below normal than normal. In accordance with Article VI of the 1994 GATT and the anti-dumping agreement, WTO members may impose anti-dumping measures in the event of an investigation under the agreement (a) dumping, (b) material damage suffered by the domestic industry that produces the similar product in the importing country and c) a cause-and-effect relationship between the two countries. In addition to the substantive rules for determining dumping, harm and causation, the agreement provides for detailed procedural rules for the initiation and conduct of investigations, the establishment of measures, and the duration and review of measures. The agreement stipulates that the authorities investigating the importing member must determine the damage caused for the purposes of the institution of anti-dumping measures. In the agreement, the concept of harm is either (i) material harm to a domestic industry, (ii) the risk of material harm to a domestic industry, or (iii) material delay in the creation of a national sector, but remains silent in assessing the material delay in the creation of a domestic industry. The agreement provides that an anti-dumping duty will remain in force for as long as necessary to counter harmful dumping.

It contains a „Sunset“ provision providing for the termination of tariffs for five years from the date of its implementation, unless the government authorities determine, at a review, that the expiry of the duty would result in a continuation or reappearance of dumping and harm. 6.1.1 Foreign exporters or producers who receive questionnaires as part of the anti-dumping investigation procedure must be mentioned in response for at least 30 days. (15) Any request for an extension of the 30-day period should be properly reviewed and, where possible, this extension should be granted for proven reasons. Article 8 of the agreement contains provisions relating to the supply and acceptance of price commitments instead of the institution of anti-dumping duties. It establishes the principle that commitments between any exporter and the importing member to revise prices or close exports at dumping prices can be concluded for investigation, but only after an interim positive conclusion of dumping, harm and causation.