Safeguards

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.

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

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.

DG Trade

18/08/2008

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

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.

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).

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.

Normal value

18/08/2008

Representation of the normal price against which the export price is compared to determine if dumping is occurring. Normally based on prices in the domestic market but can also be based on constructed normal value (cost of production plus SGA plus profit) or export prices to third countries. Special rules can be applied with regard to identifying normal value for non-market economies.

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