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WTO ANALYTICAL INDEX: ANTI-DUMPING AGREEMENT
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement)
The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.
Also in this section:
- General
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Annex I
- Annex II
- Relationship with other WTO Agreements
- 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
- Decision on Review of Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
- Decision on Anti-Circumvention
Table of contents
A. Object and Purpose of the Anti-Dumping Agreement
A. Text
of Article 1
B. Interpretation and
Application of Article 1
1. General
(b) 搃nitiated and conducted in accordance with the provisions of this Agreement?/a>
(c) Relationship with other Articles
A. Text
of Article 2
B. Interpretation and Application of
Article 2
1. General
(i) Recommendation by the Committee Anti-Dumping Practices
(ii) Role of the period of investigation
2. Article 2.1
(a) General
(b) 揚roduct?/a>
(c) 搇ike product?/a>
(d) 搇ess than its normal value? calculation of normal value
(i) Use of sales transactions for calculating normal value
(ii) Use of downstream sales for calculating normal value
(e) Sales 搃n the ordinary course of trade?/a>
(i) Definition of sales 搃n the ordinary course of trade?/a>
(ii) Investigating authorities? discretion under Article 2.1
(iii) Sales not in the ordinary course of trade
(g) Relationship with other paragraphs of Article 2
(i) Article 2.2.1
(ii) Article 2.4
(h) Relationship with other Articles
(i) Article 3.6
3. Article 2.2
(a) Request for cost information
(b) Article 2.2.1
(i) 揜easonable period of time?/a>
(ii) 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
(iii) Ordinary course of trade
(iv) Priority of options
(v) Relationship with Article 2.2.1.1
(vi) Article 2.2.2(i) ?搒ame general category of products?/a>
(vii) Article 2.2.2(ii) ? 搘eighted average? and data from 搊ther exporters or producers?/a>
(viii) Article 2.2.2(ii) ? production and sales amounts 搃ncurred and realized?/a>
(ix) Article 2.2.2(ii) ? should 搘eighted? average be based on the value or the volume of sales?
(x) No separate 搑easonability? test
(xi) Article 2.2.2(iii)
(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) 搒ales made at as nearly as possible the same time?/a>
(c) Third sentence: 揇ue allowance?/a>
(i) 搃n each case, on its merits?/a>
(ii) 揹ifferences which are demonstrated to affect price comparability?/a>
(iii) Differences in 搕erms and conditions of sale?/a>
(d) Fourth sentence
(ii) 揷osts ?incurred between importation and resale?/a>
(e) Fifth sentence: 搕he authorities shall?/a>
(f) Sixth sentence: 揟he authorities shall indicate?what information is necessary?/a>
(g) Article 2.4.1
(ii) 搑equired?/a>
(iii) Relationship with Article 2.4
(h) Article 2.4.2
(i) 搈odel zeroing?and 搒imple zeroing?/a>
(ii) 搈argins?/a>
(iii) Weighted average normal value / weighted average export price, the first methodology ?/a>
(iv) Transaction normal value / Transaction export price, the second methodology
(v) Weighted average normal value / individual transactions export price, the third methodology
(vi) 揨eroing procedures?as a measure that can be challenged 揳s such?/a>
(vii) Zeroing as an allowance or adjustment
(viii) Relationship between subparagraphs Article 2.4
(i) Relationship with other paragraphs of Article 2
6. Article 2.6
7. Article 2.7
8. Relationship with other Articles
(a) Relationship with Article 2.1
(b) Relationship with Article 6
9. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
(b) Article X of the GATT 1994
A. Text
of Article 3
B. Interpretation and Application of
Article 3
1. General
(a) Agreement on Subsidies and Countervailing Measures (SCM Agreement)
(b) Relationship with other paragraphs of Article 3
(i) Jurisprudence
(ii) Recommendation by the Committee Anti-Dumping Practices
2. Footnote 9
3. Article 3.1
(a) Significance of paragraph 1 within the context of Article 3
(c) Investigating authorities? obligation under Article 3.1
(ii) 揙bjective examination?/a>
(iii) Relationship with Article 3.4
(e) Injury
(f) Causation / Non-attribution
(g) 搕he effect of dumped imports?/a>
(h) Relationship with other paragraphs of Article 3
4. Article 3.2
(a) Choice of analytical methodology
(i) General
(iii) Length of period of investigation
(b) 揳 significant increase in dumped imports?/a>
(c) 搕he effect of the dumped imports on prices?/a>
(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 揷onditions of competition?/a>
6. Article 3.4
(ii) Domestic producers outside the 搒ample?/a>
(iii) Companies outside the domestic industry
(c) 揳ll relevant economic factors and indices having a bearing on the state of the industry?/a>
(i) Mandatory or illustrative nature of the list of factors
(ii) Other factors not listed in Article 3.4
(iii) 揾aving a bearing on?/a>
(d) Evaluation of relevant factors
(ii) Evaluation of all listed factors
(e) Relationship with other paragraphs of 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
(d) 揳ny known factors other than dumped imports?/a>
(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) 揷hange in circumstances?/a>
(b) Requirement to 揷onsider? factors of Article 3.7
(c) Article 3.7(i): 搇ikelihood of substantially increased importation?/a>
(d) Analysis of the 揷onsequent 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 of Article 3
10. Article 3.8
11. Relationship with other Articles
(b) Article 4
(c) Article 5
(d) Article 6
(e) Article 11
(f) Article 12
(g) Article 17
12. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
A. Text of Article 4
B. Interpretation and Application of Article 4
1. General
(a) Agreement on Subsidies and Countervailing Measures (SCM Agreement)
2. Article 4.1
(c) 揳 major proportion of the total domestic production?/a>
3. Relationship with other Articles
A. Text of Article 5
B. Interpretation and Application of Article 5
1. General
(a) The Doha mandate
(b) Agreement on Subsidies and Countervailing Measures (SCM Agreement)
2. Article 5.2
(a) General
(d) 揺vidence of ?causal link? ?/a>subparagraph (iv)
(e) 搒imple assertion, unsubstantiated by relevant evidence?/a>
(f) Relationship with other paragraphs of Article 5
3. Article 5.3
(a) 搒ufficient evidence to justify the initiation of an investigation?/a>
(i) Distinction from the requirements under Article 5.2
(ii) Sufficiency of evidence to initiate
(iii) Sufficient evidence of dumping
(iv) Sufficient evidence of injury
(v) Standard of review ? relationship with Article 17.6
(b) 搒hall examine the accuracy and adequacy of the evidence provided in the application?/a>
(c) Relationship with other paragraphs of Article 5
4. Article 5.4
(a) General
(b) Relationship with Article 11.4 of the SCM Agreement
5. Article 5.5
(a) 揵efore proceeding to initiate?/a>
(i) General
(ii) 揙ral? notification
(iii) Content of notification
6. Article 5.7
7. Article 5.8
(a) Rejection of an application to initiate an investigation
(b) 揳n immediate termination?/a>
(c) 揷ases?/a>
(f) Exclusion of exporters from subsequent administrative and changed circumstances reviews
(h) Relationship with other paragraphs of 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 the GATT 1994
A. Text of Article 6
B. Interpretation and Application of Article 6
1. Article 6.1
(a) General: due process rights
(b) 搉otice of the information which the authorities require?/a>
(c) 揳mple opportunity to present ?evidence?/a>
(e) Article 6.1.1
(i) 搎uestionnaires? Scope of Article 6.1.1
(ii) Failure to issue a questionnaire
(iii) Deadlines
(iv) 揇ue consideration should be given to any request for an extension of the 30- day period?/a>
(v) Article 6.1.1, footnote 15
(f) Article 6.1.2
(i) 揺vidence presented ?by one party shall be made available promptly to other interested parties?/a>
(ii) 搃nterested parties participating in the investigation?/a>
(iii) 搒ubject to the requirement to protect confidential information?/a>
(g) Article 6.1.3
(h) Relationship with other paragraphs of Article 6
2. Article 6.2
(a) 搒hall have a full opportunity for the defence of their interests?/a>
(i) Article 6.2, first sentence as a fundamental due process provision
(ii) Nature and extent of obligations under Article 6.2
(b) Relationship with other provisions of the Agreement
3. Article 6.4
(a) 搃nformation? that must be disclosed under Article 6.4
(i) 搃nformation ?relevant to the presentation of their cases? and 搖sed by the authorities?/a>
(ii) Information already available to the interested parties
(b) 搕imely opportunities for all interested parties to see all information?/a>
(c) No independent disclosure obligation
(d) Confidentiality: access to own confidential information
(e) Relationship with other paragraphs of Article 6
4. Article 6.5
(a) 揂ny information which is by its nature confidential?/a>
(i) Nature of confidential information protected
(ii) Scope of information protected under Article 6.5
(ii) Requirement for 揼ood cause?to be shown
(c) 揝uch information shall not be disclosed without specific permission?/a>
(d) Article 6.5.1
(e) Disclosure of confidential information under protective order
(f) Article 6.5.2
(g) Relationship with other paragraphs of Article 6
5. Article 6.6
(a) 搒atisfy themselves as to the accuracy of the information?/a>
(b) Burden on the investigating authorities
(a) Relationship between Article 6.7 and Annex I
(b) On-the-spot verifications as an option
(c) Information verifiable on-the-spot
(d) Disclosure obligations in the on-the-spot verification
(e) Participation of non-governmental experts in the on-the-spot verification
7. Article 6.8 and Annex II: 揻acts available?/a>
(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
(c) Authorities?duty to 搒pecify in detail the information required from an interested party?/a>
(ii) Failure to specify in detail the information required
(d) When to resort to facts available
(e) When not to resort to facts available
(f) Information which is 搗erifiable?/a>
(i) General
(ii) When is information verifiable?
(iii) Relevance of good faith cooperation
(h) Necessary information submitted in a timely fashion
(i) Timeliness
(ii) 搉ecessary information?/a>
(iii) Information submitted after a deadline
(iv) 搘ithin a reasonable period?and 搘ithin reasonable time?/a>
(i) Information submitted in the medium or computer language requested
(j) Non-cooperation: 搑efuse access to, or otherwise does not provide?/a>
(ii) Degree of cooperation: 搕o the best of its ability?/a>
(iii) Justification for non-cooperation
(iv) Cooperation as a two-way process
(k) Information used in case of resorting to facts available
(i) 搒econdary source ?with special circumspection?/a>
(l) Authorities?duty to inform on reasons for disregarding information
(m) No right to submit further information
(n) Confidential versus non-confidential information
(o) Scope of Panel抯 review: national authorities? justification at the time of its determination
(p) Consistency of domestic legislation with Article 6.8 and Annex II
(q) Relationship with other paragraphs of Article 6
(r) Relationship with other provisions of Anti-Dumping Agreement
(i) Relationship with Article 5.3
8. Article 6.9
(i) Means to inform all interested parties of the essential facts
(ii) 搕he essential facts ?which form the basis for the decision whether to apply definitive measures?/a>
(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
(b) Relationship with other paragraphs of Article 6
9. Article 6.10
(a) 搒hall, as a rule? nature of obligations under Article 6.10
(b) 搃ndividual margin of dumping for each known exporter or producer?/a>
(i) 揺ach ?exporter or producer?/a>
(ii) Treatment of distinct legal entities as a single exporter or producer
(iii) 搆nown exporter or producer?/a>
(d) 搕he largest percentage of exports that could reasonably be investigated?/a>
(e) Article 6.10.2
10. Article 6.13
(a) Relationship with paragraphs 2 and 5 of Annex II
11. Relationship with other Articles and other WTO Agreements
(a) Article 1, 9 and 18 and Article VI of the GATT 1994
(b) Article 2
(c) Article 3
(d) Article 9
(e) Article 12
A. Text of Article 7
B. Interpretation and Application of Article 7
1. General
2. Relationship with other Articles and other WTO Agreements
(a) Article 1, 9 and 18 and Article VI of the GATT 1994
(b) Article 6
(c) Article 17
(d) Article VI of the GATT 1994
A. Text of Article 8
B. Interpretation and Application of Article 8
A. Text of Article 9
B. Interpretation and Application of Article 9
1. General
2. Article 9.1
3. Article 9.2
(a) General; mandatory nature of Article 9.2
(c) 揳ll sources?/a>
(d) 揟he authorities shall name the supplier or suppliers of the product concerned?/a>
(e) Third sentence of Article 9.2
4. Article 9.3
(a) 揹e minimis?test
(b) Variable duties
(c) Conditions to carry out duty assessment and changed circumstances reviews
(i) Exhaustiveness of the conditions listed
(ii) When a duty becomes final
(d) Concept of 損roduct as a whole?in reviews under Article 9 of the Anti-Dumping Agreement
(e) Retrospective system: reviews and zeroing
(f) Prospective normal value system: reviews and zeroing
(g) Are 揹umping? and 搈argins of dumping?exporter- or importer-related concepts?
(h) Relationship with Article 9.2
(i) Relationship with Article 2
(j) Relationship to the Note Ad Article VI, Paragraphs 2 and 3
5. Article 9.4
(b) Ceiling for 揳ll others?rate
(i) 搈argins?/a>
(ii) 揺xporters or producers?/a>
(iii) 搉on-cooperating companies?/a>
(i) Exclusion of margins based on facts available
(ii) Calculating an 揳ll others?rate in a 搇acuna situation?/a>
(iii) Requirement to use WTO-consistent margins to establish the maximum ?others? rate
6. 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(ii)
7. Relationship with other WTO Agreements
(a) Article VI: 2 of the GATT 1994
8. Article 9.5
A. Text of Article 10
B. Interpretation and Application of Article 10
1. Article 10.1
3. Article 10.7
(b) 搒ufficient evidence?that the conditions Article 10.6 are satisfied
(i) Concept of 搒ufficient evidence?/a>
(ii) Extent of the authorities? determination
(iii) Conditions of Article 10.6
4. Relationship with other Articles
A. Text of Article 11
B. Interpretation and Application of Article 11
1. Article 11.1
(a) Necessity
(b) Relationship with other paragraphs of Article 11
2. Article 11.2
(a) 搘hether the continued imposition of the duty is necessary to offset dumping?/a>
(b) 搃njury?/a>
(c) 搇ikely to lead to continuation or recurrence?/a>
(d) 搘arranted?/a>
(e) Relationship with other paragraphs of 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
(c) Use of presumptions in a likelihood determination
(d) Determination regarding likelihood or continuation or recurrence of dumping
(ii) Volume analysis
(e) Order-wide basis of a likelihood determination
(f) No prescribed time-frame for likelihood of continuation or recurrence of injury
(g) Applicability of procedural obligations
(i) Evidentiary standards for initiation
(ii) New factual basis
(iii) De minimis standard in sunset reviews
(iv) Cumulation
(h) 搇ikely?/a>
(i) Relationship with other paragraphs of Article 11
(j) Relationship with the standard of review in Article 11 of the DSU
(k) Existence of a causation requirement in sunset reviews
(l) Cumulation in sunset reviews
(m) Qualitative assessment of determinations under Article 11.3
4. Article 11.4
5. Relationship with other Articles
(a) Article 3
A. Text of Article 12
B. Interpretation and Application of Article 12
1. Article 12.1
(a) General
(c) Article 12.1.1
(i) General
(ii) Article 12.1.1(iv): 揳 summary of the factors on which the allegation of injury is based?/a>
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, 9, and 18, and Article VI: 1 of the GATT
(c) Article 3
(d) Article 5
(e) Article 6
(f) Article 15
(g) Article 17
A. Text of Article 13
B. Interpretation and Application of Article 13
A. Text of Article 14
B. Interpretation and Application of Article 14
A. Text of Article 15
B. Interpretation and Application of Article 15
1. General
(a) Extent of Members? obligation
(b) When and to whom 搒pecial regard?should be given
(a) 揷onstructive remedies provided for by this Agreement?/a>
(c) 揵efore applying anti-dumping duties?/a>
4. Relationship with other Articles
A. Text of Article 16
B. Interpretation and Application of Article 16
1. Article 16.1
(b) 搒hall meet not less than twice a year and otherwise?/a>
(a) Reporting on anti-dumping actions
A. Text of Article 17
B. Interpretation and Application of Article 17
1. General
(a) Articles of the Anti-Dumping Agreement invoked in panel and Appellate Body proceedings
(d) Challenge against anti-dumping legislation as such
(e) Mandatory versus discretionary legislation
(i) General
(ii) Rejection of the distinction?
(f) Challenge of a 損ractice? as such
2. Article 17.1
(a) 搒ettlement of disputes?/a>
3. Article 17.2
(a) 揳ny matter affecting the operation of this Agreement?/a>
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) Scope of Article 17.4: 搃f final action has been taken?/a>
(c) Claims
(i) Abandoned claims
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 of Article 17
7. Article 17.6
(b) Relationship with the standard of review in Article 11 of the DSU
(c) Article 17.6(i)
(i) General
(ii) 揺stablishment of the facts was proper?/a>
(iii) 搕he evaluation of facts was unbiased and objective?/a>
(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
(d) 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
(e) 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
(b) DSU
(i) Article 1
(ii) Article 3.8
(iii) Article 6.2
(iv) Article 7
(v) Article 11
(vi) Article 19.1
A. Text of Article 18
B. Interpretation and Application of Article 18
1. Article 18.1
(a) 搒pecific action against dumping?/a>
(b) 揺xcept in accordance with the provisions of GATT 1994?/a>
(c) Footnote 24
(d) Relationship between Article 18.1, GATT Article VI and the Note Ad Paragraphs 2 and 3 of Article VI
2. Article 18.3
(a) 搑eviews of existing measures?/a>
(b) Application of the Anti-Dumping Agreement
3. 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
4. Article 18.5
5. Article 18.6
(a) Annual reviews
6. Relationship with other Articles
(a) General
(b) Article 17
7. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
(b) SCM Agreement
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
A. Text of Annex II
B. Interpretation and Application of Annex II
1. 揵est information available?/a>
2. Paragraph 1
3. Paragraph 3
4. Paragraph 5
5. Paragraph 6
(a) Duty to inform of reasons for disregarding evidence or information
(b) 搑easonable period, due account being taken of the time-limits of the investigation?/a>
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
XXII.
Relationship with other WTO Agreements
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A. Article VI of the
GATT 1994
B. Article XI of the GATT 1994
C. Article 3.2 of the DSU
D. Article 11 of the DSU
E. Agreement on Safeguards
F. SCM Agreement
G. Accession Agreements
XXIII.
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
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A. Text
B. Interpretation and Application
XXIV. 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
XXV. Decision on Anti-Circumvention
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A. Text of the Decision on
Anti-Circumvention
B. Interpretation and Application of the Decision on
Anti-Circumvention