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.

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

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.

USDOC

18/08/2008

US Department of Commerce.

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

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).

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.

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.

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