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Anti-Dumping*

Published online by Cambridge University Press:  20 March 2017

Abstract

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Type
Treaties and Agreements
Copyright
Copyright © American Society of International Law 1979

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Footnotes

*

[Reproduced from G.A.T.T. Document MTN/NTM/W/232 of April 9, 1979, Corr. 1 of April 11, 1979, Add. l/Rev. 1 of April 11, 1979, and Add. 2 of April 11, 1979.

[The anti-dumping code negotiated during the Kennedy Round appears at 6 I.L.M. 920 (1967).]

References

** [Add. l/Rev. 1 of MTN/NTM/W/232 states :“The text in Document MTN/ NTM/W/232 has been circulated at the request of the following delegat ions whose governments are parties to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade: Austria, Canada, EEC, Finland, Japan, Norway, Sweden, Switzerland, United States.”]

page 622 note 1 The term “initiated” as used hereinafter means the procedural action by which a Party formally commences an investigation as provided in paragraph 6 of Article 6.

page 623 note 1 When in this Code the term “authorities” is used, it shall be interpreted as meaning authorities at an appropriate, senior level.

page 624 note 1 Under this Code 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 previsions of this Article.

page 625 note 1 As set forth in paragraphs 2 and 3 of this Article.

page 625 note 2 Such factors 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.

page 625 note 3 One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the immediate future, substantially increased importations of the product at dumped prices.

page 626 note 1 An understanding among Parties should be developed defining the word “related” as used in this Code.

page 626 note 2 As used in this Code “levy” shall mean the definitive or final legal assessment or collection of a duty or tax.

page 627 note 1 As defined in Article 4.

page 628 note 1 Parties are aware that in the territory of certain Parties disclosure pursuant to a narrowly drawn protective order may be required.

page 628 note 2 Parties agree that requests for confidentiality should not be arbitrarily rejected.

page 629 note 1 The word may71 shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation of price undertakings except as provided in paragraph 3.

page 635 note 1 If disputes arise between Parties relating to rights and obligations under this Agreement. Parties should complete the dispute settlement procedures under this Agreement before availing themselves of any rights which they have under the CATT.

page 635 note 2 In this connection the Committee may draw Parties' attention to those cases in which, in its view, there are no reasonable bases supporting the allegations made.

page 636 note * The following statement is circulated at the request of the delegations of Austria, Canada, European Communities, Japan, Sweden, Switzerland and the United States.

page 636 note 1 This is not intended to preclude action under other relevant provisions of the General Agreement, as appropriate.

page 637 note 2 The term “government” is deemed to include the competent authorities of the European Economic Community.