Anti-subsidy

Facts available

18/08/2008

 If information is not supplied within a reasonable time, investigating authorities are free to make determinations on the basis of the facts available, including those contained in the application for the initiation of the investigation by the domestic industry.

DG Trade

18/08/2008

Directorate General for Trade of the Commission of the European Communities.

If prices are considered unreliable because they are made to a related importer, a constructed export price can be used in the calculation. This is made on the basis of the first independent sale with allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing.

Causal link

18/08/2008

It must be demonstrated that the dumped imports are, through the effects of dumping causing injury within the meaning of this Agreement

The original anti-dumping provision of the GATT 1947, now incorporated into WTO rules through the GATT 1994

Analogue Country

18/08/2008

A market economy third country used by the EU to determine normal value for cases involving non-market economies. Compare with “surrogate country” as used by the US.

Allowances

18/08/2008

Allowances or adjustments are made for differences affect price comparability i.e. the comparison between normal value and export prices. Factors that can be taken into account include differences in conditions and terms of sale, taxation, levels of trade, quantities, and physical characteristics.

The provisions govern the application of Article VI of GATT 1994 in so far as action is taken under anti dumping legislation or regulations.

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