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Anti Dumping Agreement Notes

Article 2 contains substantive rules for the determination of dumping. Dumping is calculated on the basis of a “fair comparison” between the normal value (the price of the imported product in the “normal course” in the country of origin or export) and the export price (the price of the product in the country of import). Article 2 contains detailed provisions concerning the calculation of the normal value and the export price, as well as elements of fair comparison to be made. Article 12 lays down detailed requirements for the public notice of initiation of investigations, provisional and definitive findings and obligations of investigating authorities. The contract notice shall not disclose confidential information concerning the parties, the product, the dumping margins, the facts discovered during the investigation and the reasons for the authorities` findings, including the reasons for the acceptance and rejection of the relevant arguments or requests from exporters or importers. These publicity obligations are intended to increase the transparency of findings, in the hope that this will increase the extent to which decisions will be based on sound facts and arguments. Article 17 provides that the Dispute Settlement Agreement shall apply to disputes arising from the AD Agreement. However, Article 17(6) establishes a specific review measure to be applied by the courts to examine disputes in anti-dumping cases, both as regards the facts and the questions of interpretation of the Agreement. This standard gives some respect to the effective legal decisions and interpretations of national authorities and is intended to prevent dispute settlement bodies from taking decisions solely on the basis of their own opinions. A ministerial decision which is not part of the AD Convention establishes that its application is reviewed after three years, with a view to examining whether it is of general application. The Agreement provides that an anti-dumping duty shall remain in force for as long as necessary to combat the dumping causing injury. It contains a “sunset” provision which provides that the duty is lifted five years after its imposition, unless the government authorities find, in a review, that the lifting of the duty would result in the continuation or recurrence of dumping and injury. .

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