Anti-subsidy

Sunset review

18/08/2008

See “expiry review”.

Refunds

18/08/2008

When the amount of the anti dumping duty is assessed on a prospective basis, provision shall be made for a prompt refund, upon request, of any duty paid in excess of the margin of dumping.

Provisional measures can be adopted if: (i) an investigation has been initiated (ii) a preliminary affirmative determination has been made of dumping and consequent injury to a domestic industry; and (iii) the authorities concerned judge such measures necessary to prevent injury being caused during the investigation.

Price undertaking

18/08/2008

voluntary undertakings from any exporter to revise its prices or to cease exports to the area in question at dumped prices so that the authorities are satisfied that the injurious effect of the dumping is eliminate

Petition

18/08/2008

See application.

The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 per cent of imports of the like product in the importing Member, unless countries which individually account for less than 3 per cent of the imports of the like product in the importing Member collectively account for more than 7 per cent of imports of the like product in the importing Member.

Lesser duty rule

18/08/2008

The WTO AD agreement states that is desirable that the imposition be permissive in the territory of all Members, and that the duty be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry. Some countries apply a compulsory lesser duty rule (e.g. the EU and India), while others do not (e.g. US).

Injury

18/08/2008

The WTO AD agreements states that the term injury should 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.

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