Wto Agreement On Antidumping

6.7 In order to verify the information transmitted or to obtain further details, the authorities may, if necessary, carry out investigations on the territory of other members, provided that the companies concerned are obtained and informed by the representatives of the government of the member concerned, and unless that member objects to the investigation. The procedures described in Schedule I apply to investigations carried out on the territory of other Members. Subject to the obligation to protect confidential information, the authorities make the results of these investigations available to the companies to which they belong, or transmit them in accordance with paragraph 9, and may make it available to applicants. When tariffs were reduced in the period following the initial GATT agreement, anti-dumping duties were increasingly introduced and the inadequacy of Article VI to frame their introduction became increasingly evident. For example, Article VI requires that the harm of material interest be established, but provides no indication of the existence of such harm and deals with the method of determining the existence of dumping only in the most general way. As a result, the GATT contracting parties negotiated more detailed anti-dumping codes. The first code, the Anti-Dumping Agreement, came into force in 1967 following the Kennedy Round. However, the United States never signed the Kennedy Round Code, and as a result the code had little practical importance. The Tokyo Round Code, which came into force in 1980, has taken a leap forward. On the merits, it provided much more information on the determination of dumping and harm than Article VI. It is equally important that it essentially sets out certain procedural and procedural requirements that must be met in the conduct of investigations. Nevertheless, the code has always been only a general framework for countries to follow in the investigation and collection of tariffs.

It was also marked by ambiguities on many contentious issues and was limited by the fact that only the 27 parties to the code were related to its requirements. All WTO members (offsite link) are parties to this agreement, whose full name is “the agreement on the implementation of Article VI of the 1994 General Agreement on Tariffs and Trade”. It came into force on January 1, 1995. In accordance with the Doha Ministerial Declaration, negotiations on the anti-dumping agreement are under way. The agreement has no expiry date. Negotiations are expected to be completed by 1 January 2005. 5.1 Except under paragraph 6, an investigation is initiated upon written request or on behalf of the domestic industry to determine the existence, degree and effect of alleged dumping. All WTO members are required to bring their anti-dumping rules into line with the anti-dumping agreement and to communicate this legislation to the Anti-Dumping Practices Committee. Although the Committee does not approve or reject the legislation of the members, the legislation is reviewed in the committee, with questions posed by MEPs and discussions on the coherence of the implementation of the requirements of the agreement by a member determined in national legislation.

In addition, members are required to inform the committee, twice a year, of all investigations, measures and anti-dumping measures. The committee has adopted a standard format for these notifications, which must be reviewed within the committee. Finally, members are required to notify the committee without delay of interim and final anti-dumping measures, including the minimum information provided in their notification, which are required in the guidelines approved by the committee.


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