The
Anti-Dumping Agreement elaborates the rules for applying the provisions
of Article VI of the General Agreement and the Tokyo Round Code. It
provides greater uniformity in the implementation of anti-dumping
rules, protecting the interests of exporting countries, including
developing countries. The additional disciplines in the Agreement
include:
-
more detailed methodology for calculating the dumping margin and,
in general, stricter discipline on the data to be used for such
a calculation;
-
more detailed requirements
for the determination of injury, in particular, threat of injury;
-
a definition of producers
related to exporters or importers;
-
a specification of a de
minimis dumping margin and volume for terminating proceedings.
Anti-dumping cases are to be terminated if the margin of dumping
or the share of the volume of imports from particular countries
in the importing market are below the specified threshold levels;
-
stricter disciplines on the
initiation and subsequent investigation, imposition of provisional
measures and price undertakings entered into by exporters;
-
time limits on the duration
of an investigation, the period within which refunds are to be
provided and the duration of anti-dumping measures;
-
increased transparency in
the procedures to be followed by the investigating authorities
and in the public notice;
-
disciplines on the imposition
of anti-dumping duties on exporters or producers who have not
been investigated individually;
-
an accelerated review for
producers who did not export the product in question during the
period of investigation;
-
a review of anti-dumping measures
by the authorities of the importing country; and
-
a provision for domestic judicial
review.
Article
6:13 states that the investigating authorities must take due account
of any difficulties experienced by interested parties, in particular
small companies, in supplying the information requested. Because members
should provide assistance to such parties, this provision is of particular
interest to developing countries.
Some
developing countries may find it difficult to meet these extensive
new obligations when taking anti-dumping actions, and are likely to
require technical assistance. Although the Agreement does not provide
for technical assistance specifically to developing countries, the
importance of such assistance has already been recognized and emphasized,
for example, in the Decision of the Committee on Anti-Dumping Practices
(Decision of 5 May 1980). This Decision provides for technical assistance
from developed countries to developing countries which are Parties
to the Tokyo Round Code.
