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Antidumping Regulation (part three)

  • Article No. 10- Retroactivity

    • A- Provisional measures and antidumping duties shall only be applied to products which enter for consumption after the time when the decision taken under paragraph A of Article 8 and paragraph A of Article 9.

    • B- When dumping and injury were determined, whether or not result in imposition of antidumping duties, the workgroup should determine the amount of duties which shall be paid by importer under provisional measures.

    • Note- “Injury” in this paragraph does not include potential injury and retardation of domestic industry. In these cases, definitive anti-dumping duty may be imposed only from the date of the determination of threat of injury or material retardation, and any cash deposit made during the period of the application of provisional measures shall be refunded and any bonds released in an expeditious manner. In any case and in any time, if actual injury were determined, antidumping duties will apply from the date of provisional measures.

    • C- If the definitive antidumping duty is higher than the provisional duty, the difference shall not be collected. If the definitive duty is lower than the provisional duty, the difference shall be reimbursed.

    • D- A definitive antidumping duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of provisional measures, when:

      • There is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practices dumping (or subsidies) and that such dumping would cause injury.
      • The injury is caused by massive dumped (or subsidies) imports of a product in a relatively short time which in light of the timing and the volume of the dumped imports and other circumstances (such as a rapid build-up of inventories of the imported product) is likely to seriously undermine the remedial effect of the definitive antidumping duty to be applied, provided that the importers concerned have been given an opportunity to comment.
    • E- No duties shall be levied retroactively on products entered for consumption prior to the date of initiation of the investigation.

  • Article No. 11- Public Notice

    • A- For the country or countries the products of which are subject to investigation and other interested parties known to the investigating authorities to have an interest therein shall be notified through a public notice. A public notice shall contain adequate information on the following: 1- the name of the exporting country or countries and the product involved; 2- the date of initiation of the investigation; 3- the basis on which dumping is alleged in the application; 4- a summary of the factors on which the allegation of injury is based; 5- the address to which representations by interested parties should be directed; 6- the time-limits allowed to interested parties for making their views known.

    • B- Public notice shall be given of any preliminary or final determination, whether affirmative or negative, of any decision to accept an undertaking pursuant to Article No. 7, of the termination of such an undertaking, and of the termination of a definitive antidumping duty. Each such notice shall contain sufficient detail the findings and conclusions reached on all issues of fact and law considered material by the investigating authorities.

    • Note No. 1- A public notice of the imposition of provisional measures shall contain sufficiently detailed explanations for the preliminary determinations on dumping and injury and shall refer to the matters of fact and law which have led to arguments being accepted or rejected. Such a notice or report shall, due regard being paid to the requirement for the protection of confidential information, contain in particular: 1- the names of the suppliers, or when this is impracticable, the supplying countries involved; 2- a description of the product which is sufficient for customs purposes; 3- the margins of dumping and the amount of subsidies established and a full explanation of the reasons for the methodology used in such establishment; 4- considerations relevant to the injury determination as set out in this Regulation; 5- the main reasons leading to the determination.

    • Note No. 2- A public notice of conclusion or suspension of an investigation in the case of an affirmative determination providing for the imposition of a definitive duty or the acceptance of a price undertaking shall contain all relevant information on the matters of fact and law and reasons which have led to the imposition of final measures or the acceptance of a price undertaking, due regard being paid to the requirement for the protection of confidential information.

    • Note No. 3- A public notice of the termination or suspension of an investigation following the acceptance of an undertaking pursuant to Article No 7 shall be available through the non-confidential part of this undertaking.

  • Article No. 12- Countervailing Measures

    • A- Countervailing duties will be in form of cash deposits or quantitative restrictions. These measures apply only if unpredicted changes result in significant increase in importing a particular good which cause actual or potential serious injury to domestic producers of like products.

    • Note- In assessment of potential injury the workgroup shall consider all actual and measurable factors. These factors include amount of increased import, portion of market, changes in sales, production, efficiency, production capacity, loss and profit, and employment.

    • B- Countervailing measures will apply indiscriminately on all exporting countries.

    • Note- If injuries to domestic producers are result of changes which arise from obligations of trade agreements; these obligations can be suspended wholly or partly. If there is agreement to regulate countervailing measures, these measures will be applied under conditions of the agreement.

    • C- The amount of import in last three years is the base for quantitative restrictions unless there is enough justification for more restrictions. In each case, restrictions for each country will be Proportionate to import history with due regards to other important factors. If there is an unequal increase in import from one or more country, quantitative restrictions can be limited to these country or countries.

    • D- Imposition of countervailing measures is pursuant to investigation. Absolute (in compare to prior period) or relative increase in import and actual or potential injury to domestic producers of like products should be proven in investigation. Investigation process is like investigation of dumping.

    • E- in special circumstances in which deferment could cause irrecoverable injury, the workgroup can employ provisional measures. These measures should be based on obvious evidences and take form of cash deposits. These measures will take no longer than 200 days.

    • F- Definitive countervailing measures are limited to duration necessary to prevent or recover injury. This duration plus duration of provisional measures is limited to four years and is expandable if necessary. Expanded measures shall not be more limitative than original measures. These measures will be subject to gradual liberalization. If duration of countervailing measures in more than one year, liberalization process will take place orderly. Liberalization process starts at middle of period If duration of measures is more than three years. In this case the workgroup should decide on expedition of liberalization or suspension of measures.

    • G- Overall duration of provisional measures, definitive measures and expanded measures will be no longer than ten years.

    • H- Countervailing measures will not apply to developing countries which their importing share is less than three percent of overall import unless their collective share is more than nine percent of overall import.

  • Article No. 13-

    • This regulation will not apply to tenders of governmental organizations.

  • This is an unofficial translation of this regulation.

  • Antidumping Regulation (part one)
  • Antidumping Regulation (part two)
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