Safeguards

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.

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

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).

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