The Anti-Dumping Agreement

The review standard applies only to anti-dumping disputes and a ministerial decision provides that it will be reviewed after three years to determine whether it is of general application. The full name of the agreement is the Agreement implementing Article VI of the General Agreement on Tariffs and Trade 1994. In this chapter, it is referred to as an “anti-dumping agreement”, “agreement” or “VLK”. The term “anti-dumping” is often written as a word without a hyphen. However, Article VI of the GATT and the ADA contain the hyphen and that is why I have followed this spelling in this chapter. The Agreement provides for the setting of anti-dumping duties on exports of producers or exporters which, during the IP, are not sources of imports which have been taken into account. In these circumstances, the investigating authorities are required to carry out an accelerated review in order to establish a specific dumping margin due to the exports of such a new consignor. In the course of this review, the authorities may require safeguards or withhold the valuation of imports, but may not impose anti-dumping duties on such imports. 48. The European Communities argues that there is no wto rule of evidence that would prohibit panels from accepting as evidence a document submitted in an anti-dumping investigation, unless it is accompanied by a “simultaneous and verifiable written mention” that it did exist in the course of the investigation. According to the European Communities, the requirement of “positive evidence” in Article 3(1) “is not a rule for evidence that panels may consider”.

36 art. 1 of the AD Agreement establishes the principle that a Member may not impose an anti-dumping measure unless it determines, on the basis of an investigation conducted in accordance with the provisions of the AD Agreement, the existence of dumped imports, material injury suffered by a domestic industry and a causal link between the dumped imports and the injury. Article 10 establishes the general principle that provisional and definitive anti-dumping duties may be applied only from the date on which the findings on dumping, injury and causation have been made. . . .