Anti-Dumping Agreement Citation

6.2 Throughout the anti-dumping investigation, all interested parties have a full opportunity to defend their interests. To this end, the authorities may, upon request, give all interested parties the opportunity to meet with parties with injurious interests, in order to express conflicting views and present rebutting arguments. In providing such opportunities, account should be taken of the need to preserve the confidentiality and comfort of the parties. A party is not required to attend a meeting and, if it does not, the case of that party is not affected. Interested parties shall also have the right to provide other information orally, on the basis of the explanatory memorandum. In the absence of a threat of injury or material retardation in paragraph 2 (but in the absence of injury), a definitive anti-dumping duty may be imposed only from the date of the determination of threat of injury or material retardation, and all cash deposits made during the application of provisional measures shall be refunded and any obligations released immediately. 6.7 In order to verify the information transmitted or to obtain other clarifications, the authorities of the territory of other Members may, where appropriate, conduct investigations, provided that they obtain the agreement of the undertakings concerned and inform the government representatives of the Member concerned and do not oppose the investigation. The procedures set out in Annex I shall apply to investigations carried out in the territory of other Members. Subject to the obligation to protect confidential information, the authorities shall communicate or transmit the results of such investigations to the undertakings to which they belong, in accordance with paragraph 9, and may make those results available to applicants. Where the anti-dumping duty is fixed retroactively, the definitive undertaking for relief from the anti-dumping duties shall be established as soon as possible, usually within twelve months, but in no case more than eighteen months, from the date on which a request for definitive determination of the amount of the anti-dumping duty was lodged (20). Any refund shall be made immediately and, as a general rule, within a period not exceeding 90 days from the date of establishment of the final liability referred to in this paragraph. If a refund is not made within 90 days, the authorities shall make a declaration on request.

The decision whether or not to impose an anti-dumping duty in cases where all the conditions of the imposition are fulfilled and whether or not the anti-dumping duty to be levied complies with the total margin of dumping are decisions taken by the authorities of the importing country. It is desirable that the introduction into the territory of all members be permissive and that the duty be below the range if the lower duty is sufficient to eliminate the injury suffered by the domestic industry. 8.1 The proceeding (19) may be suspended or terminated without the imposition of provisional measures or anti-dumping duties if an exporter has given satisfactory voluntary undertakings to change its prices or to suspend its exports to the area concerned at dumped prices, in order to satisfy the authorities that the injurious effects of dumping have been eliminated. The price increases provided for under these commitments must not exceed what is necessary to eliminate the dumping margin. It is desirable that price increases be below the margin of dumping if these increases were sufficient to eliminate the injury suffered by the domestic industry. If the definitive anti-dumping duty is higher than the provisional duty, the provisional duty or the amount estimated for the purposes of the security, the difference shall not be made. . . .