Anti-dumping

Interested parties

21/06/2015

Interested parties include: (i) an exporter or foreign producer or the importer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product; (ii) the government of the exporting Member; and (iii) a producer of the like product in the importing Member or a trade and business association a majority of the members of which produce the like product in the territory of the importing Member.

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

USDOC

18/08/2008

US Department of Commerce.

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

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

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.

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