Safeguards

See “Agreement on implementation of Article VI of the GATT 1994”.

EU terminology for instruments to defend against unfair trade (e.g. anti-dumping, anti-subsidy etc. See “trade remedies” (used in the US).

Threat of injury can exist where a change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent

Surrogate country

18/08/2008

For non-market economy cases, the US values factors of production in a surrogate country. The surrogate is a market economy country that is at a level of economic development comparable to that of the nonmarket economy country and is a significant producer of the subject merchandise or comparable merchandise nonmarket economy country. Compare with “analogue country” as used by the EU.

Duty system where duties are calculated on a retrospective basis so that dumping margins are based on actual export prices. Determination of the final liability for payment of anti dumping duties takes place as soon as possible, normally within 12 months, and in no case more than 18 months, after the date on which a request for a final assessment of the amount of the anti dumping duty has been made

Retroactivity

18/08/2008

Where a final determination of injury is made where the effect of the dumped imports would, in the absence of the provisional measures, have led to a determination of injury, anti dumping duties may be levied retroactively for the period for which provisional measures, if any, have been applied.

Related company

18/08/2008

Producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers.

Duty system where duty levels are calculated on the basis of historical data and applied to future transactions regards of actual prices (must be accompanied by the possibility to claim refunds if dumping is not occurring).

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