                     AGREEMENT ON IMPLEMENTATION OF
                         ARTICLE VI OF GATT 1994


                                 PART I

                                Article 1

                               Principles


      An anti-dumping measure shall be applied only under the circumstances 
provided for in Article VI of the GATT 1994 and pursuant to investigations 
initiated[1] and conducted in accordance with the provisions of this 
Agreement.  The following provisions govern the application of Article VI of 
the GATT 1994 in so far as action is taken under anti-dumping legislation or 
regulations.


                                Article 2

                        Determination of Dumping


2.1   For the purpose of this Agreement a product is to be considered as 
being dumped, i.e., introduced into the commerce of another country at less 
than its normal value, if the export price of the product exported from one 
country to another is less than the comparable price, in the ordinary course 
of trade, for the like product when destined for consumption in the 
exporting country.

2.2   When there are no sales of the like product in the ordinary course of 
trade in the domestic market of the exporting country or when, because of 
the particular market situation or the low volume of the sales in the 
domestic market of the exporting country[2], such sales do not permit a 
proper comparison, the margin of dumping shall be determined by comparison 
with a comparable price of the like product when exported to an appropriate 
third country provided that this price is representative, or with the cost 
of production in the country of origin plus a reasonable amount for 
administrative, selling and any other costs and for profits.   

      2.2.1Sales of the like product in the domestic market of the exporting 
           country or sales to a third country at prices below per unit 
           (fixed and variable) costs of production plus selling, general 
           and administrative costs may be treated as not being in the 
           ordinary course of trade by reason of price and may be 
           disregarded in determining normal value only if the 
           authorities[3] determine that such sales are made within an 
           extended period of time[4] in substantial quantities[5] and are 
           at prices which do not provide for the recovery of all costs 
           within a reasonable period of time.  If prices which are below 
           costs at the time of sale are above weighted average costs for 
           the period of investigation, such prices shall be considered to 
           provide for recovery of costs within a reasonable period of time.

           2.2.1.1    For the purpose of paragraph 2 of this Article, costs 
                      shall normally be calculated on the basis of records 
                      kept by the exporter or producer under investigation, 
                      provided that such records are in accordance with the 
                      generally accepted accounting principles of the 
                      exporting country and reasonably reflect the costs 
                      associated with the production and sale of the product 
                      under consideration.  Authorities shall consider all 
                      available evidence on the proper allocation of costs, 
                      including that which is made available by the exporter 
                      or producer in the course of the investigation 
                      provided that such allocations have been historically 
                      utilized by the exporter or  producer, in particular 
                      in relation to establishing appropriate amortization 
                      and depreciation periods and allowances for capital 
                      expenditures and other development costs.  Unless 
                      already reflected in the cost allocations under this 
                      sub-paragraph, costs shall be adjusted appropriately 
                      for those non-recurring items of cost which benefit 
                      future and/or current production, or for circumstances 
                      in which costs during the period of investigation are 
                      affected by start-up operations.[6]

      2.2.2For the purpose of paragraph 2 of this Article, the amounts for 
           administrative selling and any other costs and for profits shall 
           be based on actual data pertaining to production and sales in the 
           ordinary course of trade of the like product by the exporter or 
           producer under investigation.  When such amounts cannot be 
           determined on this basis, the amounts may be determined on the 
           basis of:

           (i)   the actual amounts incurred and realized by the exporter or 
                 producer in question in respect of production and sales in 
                 the domestic market of the country of origin of the same 
                 general category of products;  

           (ii)  the weighted average of the actual amounts incurred and 
                 realized by other exporters or producers subject to 
                 investigation in respect of production and sales of the 
                 like product in the domestic market of the country of 
                 origin;  

           (iii) any other reasonable method, provided that the amount for 
                 profit so established shall not exceed the profit normally 
                 realized by other exporters or producers on sales of 
                 products of the same general category in the domestic 
                 market of the country of origin.

2.3   In cases where there is no export price or where it appears to the 
authorities concerned that the export price is unreliable because of 
association or a compensatory arrangement between the exporter and the 
importer or a third party, the export price may be constructed on the basis 
of the price at which the imported products are first resold to an 
independent buyer, or if the products are not resold to an independent 
buyer, or not resold in the condition as imported, on such reasonable basis 
as the authorities may determine.

2.4   A fair comparison shall be made between the export price and the 
normal value.  This comparison shall be made at the same level of trade, 
normally at the ex-factory level, and in respect of sales made at as nearly 
as possible the same time.  Due allowance shall be made in each case, on its 
merits, for differences which affect price comparability, including 
differences in conditions and terms of sale, taxation, levels of trade, 
quantities, physical characteristics, and any other differences which are 
also demonstrated to affect price comparability.[7]  In the cases referred 
to in paragraph 3 of Article 2, allowances for costs, including duties and 
taxes, incurred between importation and resale, and for profits accruing, 
should also be made.  If in these cases, price comparability has been 
affected, the authorities shall establish the normal value at a level of 
trade equivalent to the level of trade of the constructed export price, or 
make due allowance as warranted under this paragraph.  The authorities shall 
indicate to the parties in question what information is necessary to ensure 
a fair comparison and shall not impose an unreasonable burden of proof on 
those parties.

      2.4.1When the price comparison under this paragraph requires a 
           conversion of currencies, such conversion should be made using 
           the rate of exchange on the date of sale[8], provided that when a 
           sale of foreign currency on forward markets is directly linked to 
           the export sale involved, the rate of exchange in the forward 
           sale shall be used.  Fluctuations in exchange rates shall be 
           ignored and, in an investigation the authorities shall allow 
           exporters at least 60 days to have adjusted their export prices 
           to reflect sustained movements during the period of 
           investigation.

      2.4.2Subject to the provisions governing fair comparison in paragraph 
           4 of this Article, the existence of margins of dumping during the 
           investigation phase shall normally be established on the basis of 
           a comparison of a weighted average normal value with a weighted 
           average of prices of all comparable export transactions or by a 
           comparison of normal value and export prices on a transaction to 
           transaction basis.  A normal value established on a weighted 
           average basis may be compared to prices of individual export 
           transactions if the authorities find a pattern of export prices 
           which differ significantly among different purchasers, regions or 
           time periods and if an explanation is provided why such 
           differences cannot be taken into account appropriately by the use 
           of a weighted average-to-weighted average or 
           transaction-to-transaction comparison.

2.5   In the case where products are not imported directly from the country 
of origin but are exported to the country of importation from an 
intermediate country, the price at which the products are sold from the 
country of export to the country of importation shall normally be compared 
with the comparable price in the country of export.  However, comparison may 
be made with the price in the country of origin, if, for example, the 
products are merely trans-shipped through the country of export, or such 
products are not produced in the country of export, or there is no 
comparable price for them in the country of export.

2.6   Throughout this Agreement the term "like product" ("produit 
similaire") shall be interpreted to mean a product which is identical, i.e., 
alike in all respects to the product under consideration, or in the absence 
of such a product, another product which although not alike in all respects, 
has characteristics closely resembling those of the product under 
consideration.

2.7   This Article is without prejudice to the second Supplementary 
Provision to paragraph 1 of Article VI in Annex I to the GATT 1994.


                                Article 3

                       Determination of Injury[9]


3.1   A determination of injury for purposes of Article VI of the GATT 1994 
shall be based on positive evidence and involve an objective examination of 
both (a) the volume of the dumped imports and the effect of the dumped 
imports on prices in the domestic market for like products, and (b) the 
consequent impact of these imports on domestic producers of such products.

3.2   With regard to the volume of the dumped imports, the investigating 
authorities shall consider whether there has been a significant increase in 
dumped imports, either in absolute terms or relative to production or 
consumption in the importing country.  With regard to the effect of the 
dumped imports on prices, the investigating authorities shall consider 
whether there has been a significant price undercutting by the dumped 
imports as compared with the price of a like product of the importing 
country, or whether the effect of such imports is otherwise to depress 
prices to a significant degree or prevent price increases, which otherwise 
would have occurred, to a significant degree.  No one or several of these 
factors can necessarily give decisive guidance.

3.3   Where imports of a product from more than one country are 
simultaneously subject to anti-dumping investigations, the investigating 
authorities may cumulatively assess effects of such imports only if they 
determine that (1) the margin of dumping established in relation to the 
imports from each country is more than de minimis as defined in paragraph 8 
of Article 5 and that the volume of imports from each country is not 
negligible and (2) a cumulative assessment of the effects of the imports is 
appropriate in light of the conditions of competition between imported 
products and the conditions of competition between the imported products and 
the like domestic product.

3.4   The examination of the impact of the dumped imports on the domestic 
industry concerned shall include an evaluation of all relevant economic 
factors and indices having a bearing on the state of the industry, including 
actual and potential decline in sales, profits, output, market share, 
productivity, return on investments, or utilization of capacity;  factors 
affecting domestic prices;  the magnitude of the margin of dumping;  actual 
and potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise capital or investments.  This list is not 
exhaustive, nor can one or several of these factors necessarily give 
decisive guidance.

3.5   It must be demonstrated that the dumped imports are, through the 
effects of dumping, as set forth in paragraphs 2 and 4 of this Article, 
causing injury within the meaning of this Agreement.  The demonstration of a 
causal relationship between the dumped imports and the injury to the 
domestic industry shall be based on an examination of all relevant evidence 
before the authorities.  The authorities shall also examine any known 
factors other than the dumped imports which at the same time are injuring 
the domestic industry, and the injuries caused by these other factors must 
not be attributed to the dumped imports.  Factors which may be relevant in 
this respect include, inter alia, the volume and prices of imports not sold 
at dumping prices, contraction in demand or changes in the patterns of 
consumption, trade restrictive practices of and competition between the 
foreign and domestic producers, developments in technology and the export 
performance and productivity of the domestic industry.

3.6   The effect of the dumped imports shall be assessed in relation to the 
domestic production of the like product when available data permit the 
separate identification of that production on the basis of such criteria as 
the production process, producers' sales and profits.  If such separate 
identification of that production is not possible, the effects of the dumped 
imports shall be assessed by the examination of the production of the 
narrowest group or range of products, which includes the like product, for 
which the necessary information can be provided.

3.7   A determination of a threat of material injury shall be based on facts 
and not merely on allegation, conjecture or remote possibility.  The change 
in circumstances which would create a situation in which the dumping would 
cause injury must be clearly foreseen and imminent.[10]  In making a 
determination regarding the existence of a threat of material injury, the 
authorities should consider, inter alia, such factors as:

      (i)  a significant rate of increase of dumped imports into the 
           domestic market indicating the likelihood of substantially 
           increased importations;

      (ii) sufficient freely disposable or an imminent, substantial increase 
           in capacity of the exporter indicating the likelihood of 
           substantially increased dumped exports to the importing country's 
           market, taking into account the availability of other export 
           markets to absorb any additional exports;

      (iii)whether imports are entering at prices that will have a 
           significant depressing or suppressing effect on domestic prices, 
           and would likely increase demand for further imports;  and

      (iv) inventories of the product being investigated.

No one of these factors by itself can necessarily give decisive guidance but 
the totality of the factors considered must lead to the conclusion that 
further dumped exports are imminent and that, unless protective action is 
taken, material injury would occur.

3.8   With respect to cases where injury is threatened by dumped imports, 
the application of anti-dumping measures shall be considered and decided 
with special care.


                                Article 4

                     Definition of Domestic Industry

4.1   For the purposes of this Agreement, the term "domestic industry" shall 
be interpreted as referring to the domestic producers as a whole of the like 
products or to those of them whose collective output of the products 
constitutes a major proportion of the total domestic production of those 
products, except that
      (i)  when producers are related[11] to the exporters or importers or 
           are themselves importers of the allegedly dumped product, the 
           term "domestic industry" may be interpreted as referring to the 
           rest of the producers;

      (ii) in exceptional circumstances the territory of a Member may, for 
           the production in question, be divided into two or more 
           competitive markets and the producers within each market may be 
           regarded as a separate industry if (a) the producers within such 
           market sell all or almost all of their production of the product 
           in question in that market, and (b) the demand in that market is 
           not to any substantial degree supplied by producers of the 
           product in question located elsewhere in the territory.  In such 
           circumstances, injury may be found to exist even where a major 
           portion of the total domestic industry is not injured, provided 
           there is a concentration of dumped imports into such an isolated 
           market and provided further that the dumped imports are causing 
           injury to the producers of all or almost all of the production 
           within such market.

4.2   When the domestic industry has been interpreted as referring to the 
producers in a certain area, i.e., a market as defined in paragraph 1(ii), 
anti-dumping duties shall be levied[12] only on the products in question 
consigned for final consumption to that area.  When the constitutional law 
of the importing country does not permit the levying of anti-dumping duties 
on such a basis, the importing Member may levy the anti-dumping duties 
without limitation only if (1) the exporters shall have been given an 
opportunity to cease exporting at dumped prices to the area concerned or 
otherwise give assurances pursuant to Article 8 of this Agreement, and 
adequate assurances in this regard have not been promptly given, and (2) 
such duties cannot be levied only on products of specific producers which 
supply the area in question.

4.3   Where two or more countries have reached under the provisions of 
paragraph 8(a) of Article XXIV of the GATT 1994 such a level of integration 
that they have the characteristics of a single, unified market, the industry 
in the entire area of integration shall be taken to be the domestic industry 
referred to in paragraph 1 above.

4.4   The provisions of paragraph 6 of Article 3 shall be applicable to this 
Article.


                                Article 5

                 Initiation and Subsequent Investigation


5.1   Except as provided for in paragraph 6 of Article 5, an investigation 
to determine the existence, degree and effect of any alleged dumping shall 
be initiated upon a written application by or on behalf of the domestic 
industry.

5.2   An application under paragraph 1 shall include evidence of (a) 
dumping, (b) injury within the meaning of Article VI of the GATT 1994 as 
interpreted by this Agreement and (c) a causal link between the dumped 
imports and the alleged injury.  Simple assertion, unsubstantiated by 
relevant evidence, cannot be considered sufficient to meet the requirements 
of this paragraph.  The application shall contain such information as is 
reasonably available to the applicant on the following:

      (i)  identity of the applicant and a description of the volume and 
           value of the domestic production of the like product by the 
           applicant.  Where a written application is made on behalf of the 
           domestic industry, the application shall identify the industry on 
           behalf of which the application is made by a list of all known 
           domestic producers of the like product (or associations of 
           domestic producers of the like product) and, to the extent 
           possible, a description of the volume and value of domestic 
           production of the like product accounted for by such producers;

      (ii) a complete description of the allegedly dumped product, the names 
           of the country or countries of origin or export in question, the 
           identity of each known exporter or foreign producer and a list of 
           known persons importing the product in question;

      (iii)information on prices at which the product in question is sold 
           when destined for consumption in the domestic markets of the 
           country or countries of origin or export (or, where appropriate, 
           information on the prices at which the product is sold from the 
           country or countries of origin or export to a third country or 
           countries or on the constructed value of the product) and 
           information on export prices or, where appropriate, on the prices 
           at which the product is first resold to an independent buyer in 
           the importing country;

      (iv) information on the evolution of the volume of the allegedly 
           dumped imports, the effect of these imports on prices of the like 
           product in the domestic market and the consequent impact of the 
           imports on the domestic industry, as demonstrated by relevant 
           factors and indices having a bearing on the state of the domestic 
           industry, such as those listed in paragraphs 2 and 4 of Article 
           3.

5.3   The authorities shall examine the accuracy and adequacy of the 
evidence provided in the application to determine whether there is 
sufficient evidence to justify the initiation of an investigation.

5.4   An investigation shall not be initiated pursuant to paragraph 1 unless 
the authorities have determined, on the basis of an examination of the 
degree of support for, or opposition to, the application expressed[13] by 
domestic producers of the like product, that the application has been made 
by or on behalf of the domestic industry.[14]    The application shall be 
considered to have been made "by or on behalf of the domestic industry" if 
it is supported by those domestic producers whose collective output 
constitutes more than 50 per cent of the total production of the like 
product produced by that portion of the domestic industry expressing either 
support for or opposition to the application.  However, no investigation 
shall be initiated when domestic producers expressly supporting the 
application account for less than 25 per cent of total production of the 
like product produced by the domestic industry.
 
5.5   The authorities shall avoid, unless a decision has been made to 
initiate an investigation, any publicizing of the application for the 
initiation of an investigation.   However, after receipt of a properly 
documented application and before proceeding to initiate an investigation, 
the authorities shall notify the government of the exporting country 
concerned.

5.6   If in special circumstances, the authorities concerned decide to 
initiate an investigation without having received a written application by 
or on behalf of a domestic industry for the initiation of such 
investigation, they shall proceed only if they have sufficient evidence of 
dumping, injury and a causal link, as described in paragraph 2, to justify 
the initiation of an investigation.

5.7   The evidence of both dumping and injury shall be considered 
simultaneously (a) in the decision whether or not to initiate an 
investigation, and (b) thereafter, during the course of the investigation, 
starting on a date not later than the earliest date on which in accordance 
with the provisions of this Agreement provisional measures may be applied.

5.8   An application under paragraph 1 shall be rejected and an 
investigation shall be terminated promptly as soon as the authorities 
concerned are satisfied that there is not sufficient evidence of either 
dumping or of injury to justify proceeding with the case.  There shall be 
immediate termination in cases where the authorities determine that the 
margin of dumping is de minimis, or that the volume of dumped imports, 
actual or potential, or the injury, is negligible.  The margin of dumping 
shall be considered to be de minimis if this margin is less than 2 per cent, 
expressed as a percentage of the export price.  The volume of dumped imports 
shall normally be regarded as negligible if the volume of dumped imports 
from a particular country is found to account for less than 3 per cent of 
imports of the like product in the importing country unless countries which 
individually account for less than 3 per cent of the imports of the like 
product in the importing country collectively account for more than 7 per 
cent of imports of the like product in the importing country.

5.9   An anti-dumping proceeding shall not hinder the procedures of customs 
clearance.

5.10  Investigations shall, except in special circumstances, be concluded 
within one year after their initiation, and in no case more than 18 months.


                                Article 6

                                Evidence


6.1   All interested parties in an anti-dumping investigation shall be given 
notice of the information which the authorities require and ample 
opportunity to present in writing all evidence which they consider relevant 
in respect of the investigation in question.  

      6.1.1Exporters or foreign producers receiving questionnaires used in 
           an anti-dumping investigation shall be given at least thirty days 
           for reply.[15]  Due consideration should be given to any request 
           for an extension of the thirty day period and, upon cause shown, 
           such an extension should be granted whenever practicable.

      6.1.2Subject to the requirement to protect confidential information, 
           evidence presented in writing by one interested party shall be 
           made available promptly to other interested parties participating 
           in the investigation.

      6.1.3As soon as an investigation has been initiated, the authorities 
           shall provide the full text of the written application received 
           under paragraph 1 of Article 5 to the known exporters[16] and to 
           the authorities of the exporting country and make it available, 
           upon request, to other interested parties involved.  Due regard 
           shall be paid to the requirement for the protection of 
           confidential information as provided for in paragraph 5 below.

6.2   Throughout the anti-dumping investigation all interested parties shall 
have a full opportunity for the defence of their interests.  To this end, 
the authorities shall, on request, provide opportunities for all interested 
parties to meet those parties with adverse interests, so that opposing views 
may be presented and rebuttal arguments offered.  Provision of such 
opportunities must take account of the need to preserve confidentiality and 
of the convenience to the parties.  There shall be no obligation on any 
party to attend a meeting, and failure to do so shall not be prejudicial to 
that party's case.   Interested parties shall also have the right, on 
justification, to present other information orally.

6.3   Oral information provided under paragraph 2 shall be taken into 
account by the authorities only insofar as it is subsequently reproduced in 
writing and made available to other interested parties, as provided for in 
sub-paragraph 1.2.

6.4   The authorities shall whenever practicable provide timely 
opportunities for all interested parties to see all information that is 
relevant to the presentation of their cases, that is not confidential as 
defined in paragraph 5 and that is used by the authorities in an 
anti-dumping investigation, and to prepare presentations on the basis of 
this information.

6.5   Any information which is by nature confidential, (for example, because 
its disclosure would be of significant competitive advantage to a competitor 
or because its disclosure would have a significantly adverse effect upon a 
person supplying the information or upon a person from whom he acquired the 
information) or which is provided on a confidential basis by parties to an 
investigation shall, upon good cause shown, be treated as such by the 
authorities.  Such information shall not be disclosed without specific 
permission of the party submitting it.[17]

      6.5.1The authorities shall require interested parties providing 
           confidential information to furnish non-confidential summaries 
           thereof.  These summaries shall be in sufficient detail to permit 
           a reasonable understanding of the substance of the information 
           submitted in confidence.  In exceptional circumstances, such 
           parties may indicate that such information is not susceptible of 
           summary.  In such exceptional circumstances, a statement of the 
           reasons why summarization is not possible must be provided.

      6.5.2If the authorities find that a request for confidentiality is not 
           warranted and if the supplier of the information is either 
           unwilling to make the information public or to authorize its 
           disclosure in generalized or summary form, the authorities may 
           disregard such information unless it can be demonstrated to their 
           satisfaction from appropriate sources that the information is 
           correct.[18]

6.6   Except in circumstances provided for in paragraph 8, the authorities 
shall during the course of an investigation satisfy themselves as to the 
accuracy of the information supplied by interested parties upon which their 
findings are based.

6.7   In order to verify information provided or to obtain further details, 
the authorities may carry out investigations in other countries as required, 
provided they obtain the agreement of the firms concerned and provided they 
notify the representatives of the government of the country in question and 
unless the latter object to the investigation.  The procedures described in 
Annex I shall apply to verifications carried out in exporting countries.  
The authorities shall, subject to the requirement to protect confidential 
information, make the results of any verifications available or provide 
disclosure thereof pursuant to paragraph 9, to the firms to which they 
pertain and may make such results available to the applicants.

6.8   In cases in which any interested party refuses access to, or otherwise 
does not provide, necessary information within a reasonable period or 
significantly impedes the investigation, preliminary and final 
determinations, affirmative or negative, may be made on the basis of the 
facts available.  The provisions of Annex II shall be observed in the 
application of this paragraph.

6.9   The authorities shall, before a final determination is made, inform 
all interested parties of the essential facts under consideration which form 
the basis for the decision whether to apply definitive measures.  Such 
disclosure should take place in sufficient time for the parties to defend 
their interests.

6.10  The authorities shall, as a rule, determine an individual margin of 
dumping for each known exporter or producer concerned of the product under 
investigation.  In cases where the number of exporters, producers, importers 
or types of products involved is so large as to make such a determination 
impracticable, the authorities may limit their examination either to a 
reasonable number of interested parties or products by using samples which 
are statistically valid on the basis of information available to the 
authorities at the time of the selection, or to the largest percentage of 
the volume of the exports from the country in question which can reasonably 
be investigated.

      6.10.1Any selection of exporters, producers, importers or types of 
           products made under this paragraph shall preferably be chosen in 
           consultation with and with the consent of the exporters, 
           producers or importers concerned.

      6.10.2In cases where the authorities have limited their examination, 
           as provided for in this paragraph, they shall nevertheless 
           determine an individual margin of dumping for any exporter or 
           producer not initially selected who submits the necessary 
           information in time for that information to be considered during 
           the course of the investigation, except where the number of 
           exporters or producers is so large that individual examinations 
           would be unduly burdensome to the authorities and prevent the 
           timely completion of the investigation.  Voluntary responses 
           shall not be discouraged.

6.11  For the purposes of this Agreement, "interested parties" shall 
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 country;  and

      (iii)a producer of the like product in the importing country or a 
           trade and business association a majority of the members of which 
           produce the like product in the importing country.

This list shall not preclude Members from allowing domestic or foreign 
parties other than those mentioned above to be included as interested 
parties.

6.12  The authorities shall provide opportunities for industrial users of 
the product under investigation, and for representative consumer 
organizations in cases where the product is commonly sold at the retail 
level, to provide information which is relevant to the investigation 
regarding dumping, injury and causality.

6.13  The authorities shall take due account of any difficulties experienced 
by interested parties, in particular small companies, in supplying 
information requested and provide any assistance practicable.

6.14  The procedures set out above are not intended to prevent the 
authorities of a Member from proceeding expeditiously with regard to 
initiating an investigation, reaching preliminary or final determinations, 
whether affirmative or negative, or from applying provisional or final 
measures, in accordance with relevant provisions of this Agreement.


                                Article 7

                          Provisional Measures


7.1   Provisional measures may be applied only if:

      (i)  an investigation has been initiated in accordance with the 
           provisions of Article 5, a public notice has been given to that 
           effect and interested parties have been given adequate 
           opportunities to submit information and make comments;

      (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.

7.2   Provisional measures may take the form of a provisional duty or, 
preferably, a security - by cash deposit or bond - equal to the amount of 
the anti-dumping duty provisionally estimated, being not greater than the 
provisionally estimated margin of dumping.  Withholding of appraisement is 
an appropriate provisional measure, provided that the normal duty and the 
estimated amount of the anti-dumping duty be indicated and as long as the 
withholding of appraisement is subject to the same conditions as other 
provisional measures.

7.3   Provisional measures shall not be applied sooner than 60 days from the 
date of initiation of the investigation.

7.4   The application of provisional measures shall be limited to as short a 
period as possible, not exceeding four months or, on decision of the 
authorities concerned, upon request by exporters representing a significant 
percentage of the trade involved, to a period not exceeding six months.  
When authorities, in the course of an investigation, examine whether a duty 
lower than the margin of dumping would be sufficient to remove injury, these 
periods may be six and nine months, respectively.

7.5   The relevant provisions of Article 9 shall be followed in the 
application of provisional measures.


                                Article 8

                           Price Undertakings


8.1   Proceedings may[19] be suspended or terminated without the imposition 
of provisional measures or anti-dumping duties upon receipt of satisfactory 
voluntary undertakings from any exporter to revise its prices or to cease 
exports to the area in question at dumped prices so that the authorities are 
satisfied that the injurious effect of the dumping is eliminated.  Price 
increases under such undertakings shall not be higher than necessary to 
eliminate the margin of dumping.  It is desirable that the price increases 
be less than the margin of dumping if such increases would be adequate to 
remove the injury to the domestic industry.

8.2   Price undertakings shall not be sought or accepted from exporters 
unless the authorities of the importing country have made a preliminary 
affirmative determination of dumping and injury caused by such dumping.

8.3   Undertakings offered need not be accepted if the authorities consider 
their acceptance impractical, for example, if the number of actual or 
potential exporters is too great, or for other reasons, including reasons of 
general policy.  Should the case arise and where practicable, the 
authorities shall provide to the exporter the reasons which have led them to 
consider acceptance of an undertaking as inappropriate, and shall, to the 
extent possible, give the exporter an opportunity to make comments thereon.

8.4   If the undertakings are accepted, the investigation of dumping and 
injury shall nevertheless be completed if the exporter so desires or the 
authorities so decide.  In such a case, if a negative determination of 
dumping or injury is made, the undertaking shall automatically lapse except 
in cases where such a determination is due in large part to the existence of 
a price undertaking.  In such cases the authorities may require that an 
undertaking be maintained for a reasonable period consistent with the 
provisions of this Agreement.  In the event that an affirmative 
determination of dumping and injury is made, the undertaking shall continue 
consistent with its terms and the provisions of this Agreement.

8.5   Price undertakings may be suggested by the authorities of the 
importing country, but no exporter shall be forced to enter into such an 
undertaking.  The fact that exporters do not offer such undertakings, or do 
not accept an invitation to do so, shall in no way prejudice the 
consideration of the case.  However, the authorities are free to determine 
that a threat of injury is more likely to be realized if the dumped imports 
continue.

8.6   Authorities of an importing country may require any exporter from whom 
undertakings have been accepted to provide periodically information relevant 
to the fulfilment of such undertakings, and to permit verification of 
pertinent data.  In case of violation of undertakings, the authorities of 
the importing country may take, under this Agreement in conformity with its 
provisions, expeditious actions which may constitute immediate application 
of provisional measures using the best information available.  In such cases 
definitive duties may be levied in accordance with this Agreement on goods 
entered for consumption not more than ninety days before the application of 
such provisional measures, except that any such retroactive assessment shall 
not apply to imports entered before the violation of the undertaking.


                                Article 9

            Imposition and Collection of Anti-Dumping Duties


9.1   The decision whether or not to impose an anti-dumping duty in cases 
where all requirements for the imposition have been fulfilled and the 
decision whether the amount of the anti-dumping duty to be imposed shall be 
the full margin of dumping or less, are decisions to be made by the 
authorities of the importing country or customs territory.  It is desirable 
that the imposition be permissive in all countries or customs territories 
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.

9.2   When an anti-dumping duty is imposed in respect of any product, such 
anti-dumping duty shall be collected in the appropriate amounts in each 
case, on a non-discriminatory basis on imports of such product from all 
sources found to be dumped and causing injury, except as to imports from 
those sources from which price undertakings under the terms of this 
Agreement have been accepted.  The authorities shall name the supplier or 
suppliers of the product concerned.  If, however, several suppliers from the 
same country are involved, and it is impracticable to name all these 
suppliers, the authorities may name the supplying country concerned.  If 
several suppliers from more than one country are involved, the authorities 
may name either all the suppliers involved, or, if this is impracticable, 
all the supplying countries involved.

9.3   The amount of the anti-dumping duty shall not exceed the margin of 
dumping as established under Article 2.

      9.3.1When the amount of the anti-dumping duty is assessed on a 
           retrospective basis, the determination of the final liability for 
           payment of anti-dumping duties shall take 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 anti-dumping duty has been made.[20]  Any refund 
           shall be made promptly and normally in not more than 90 days 
           following the determination of final liability made pursuant to 
           this sub-paragraph.  In any case, where a refund is not made 
           within 90 days the authorities shall provide an explanation if so 
           requested.

      9.3.2When 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.  A refund of any such duty paid in excess of the actual 
           margin of dumping shall normally take place within 12 months, and 
           in no case more than 18 months, after the date on which a request 
           for a refund, duly supported by evidence, has been made by an 
           importer of the product subject to the anti-dumping duty.  The 
           refund authorized should normally be made within 90 days of the 
           above-noted  decision.

      9.3.3In determining whether and to what extent a reimbursement should 
           be made when the export price is constructed in accordance with 
           paragraph 3 of Article 2, authorities should take account of any 
           change in normal value, any change of costs incurred between 
           importation and resale, and any movement in the resale price 
           which is duly reflected in subsequent selling prices, and should 
           calculate the export price with no deduction for the amount of 
           anti-dumping duties paid when conclusive evidence of the above is 
           provided.

9.4   When the authorities have limited their examination in accordance with 
the second sentence of paragraph 10 of Article 6, any anti-dumping duty 
applied to imports from exporters or producers not included in the 
examination shall not exceed:

      (a)  the weighted average margin of dumping established with respect 
           to the selected exporters or producers or,

      (b)  where the liability for payment of anti-dumping duties is 
           calculated on the basis of a prospective normal value, the 
           difference between the weighted average normal value of the 
           selected exporters or producers and the export prices of 
           exporters or producers not individually examined,

provided that the authorities shall disregard for the purpose of this 
paragraph any zero and de minimis margins and margins established under the 
circumstances referred to in paragraph 8 of Article 6.  The authorities 
shall apply individual duties or normal values to imports from any exporter 
or producer not included in the examination who has provided the necessary 
information during the course of the investigation, as provided for in 
sub-paragraph 10.2 of Article 6.

9.5   If a product is subject to anti-dumping duties in an importing Member, 
the authorities shall promptly carry out a review for the purpose of 
determining individual margins of dumping for any exporters or producers in 
the exporting country in question who have not exported the product to the 
importing Member during the period of investigation provided that these 
exporters or producers can show that they are not related to any of the 
exporters or producers in the exporting country who are subject to the 
anti-dumping duties on the product.  Such a review shall be initiated and 
carried out on an accelerated basis, compared to normal duty assessment and 
review proceedings in the importing country.  No anti-dumping duties shall 
be levied on imports from such exporters or producers while the review is 
being carried out.  The authorities may, however, withhold appraisement 
and/or request guarantees to ensure that, should such a review result in a 
determination of dumping in respect of such producers or exporters, 
anti-dumping duties can be levied retroactively to the date of the 
initiation of the review.


                               Article 10

                              Retroactivity


10.1  Provisional measures and anti-dumping duties shall only be applied to 
products which enter for consumption after the time when the decision taken 
under paragraph 1 of Article 7 and paragraph 1 of Article 9, respectively, 
enters into force, subject to the exceptions set out in this Article.

10.2  Where a final determination of injury (but not of a threat thereof or 
of a material retardation of the establishment of an industry) is made or, 
in the case of a final determination of a threat of injury, where the effect 
of the dumped imports would, in the absence of the provisional measures, 
have led to a determination of injury, anti-dumping duties may be levied 
retroactively for the period for which provisional measures, if any, have 
been applied.

10.3  If the definitive anti-dumping duty is higher than the provisional 
duty paid or payable, or the amount estimated for the purpose of the 
security, the difference shall not be collected.  If the definitive duty is 
lower than the provisional duty paid or payable, or the amount estimated for 
the purpose of the security, the difference shall be reimbursed or the duty 
recalculated, as the case may be.

10.4  Except as provided in paragraph 2 above, where a determination of 
threat of injury or material retardation is made (but no injury has yet 
occurred) a definitive anti-dumping duty may be imposed only from the date 
of the determination of threat of injury or material retardation and any 
cash deposit made during the period of the application of provisional 
measures shall be refunded and any bonds released in an expeditious manner.

10.5  Where a final determination is negative, any cash deposit made during 
the period of the application of provisional measures shall be refunded and 
any bonds released in an expeditious manner.

10.6  A definitive anti-dumping duty may be levied on products which were 
entered for consumption not more than 90 days prior to the date of 
application of provisional measures, when the authorities determine for the 
dumped product in question that:

      (i)  there is a history of dumping which caused injury or that the 
           importer was, or should have been, aware that the exporter 
           practises dumping and that such dumping would cause injury, and

      (ii) the injury is caused by massive dumped imports of a product in a 
           relatively short time which in light of the timing and the volume 
           of the dumped imports and other circumstances (such as a rapid 
           build-up of inventories of the imported product) is likely to 
           seriously undermine the remedial effect of the definitive 
           anti-dumping duty to be applied, provided that the importers 
           concerned have been given an opportunity to comment.

10.7  The authorities may, after initiating an investigation, take such 
measures as the withholding of appraisement or assessment as may be 
necessary to collect anti-dumping duties retroactively as provided for in 
paragraph 6, once they have sufficient evidence that the conditions set 
forth in that paragraph are satisfied.

10.8  No duties shall be levied retroactively pursuant to paragraph 6, on 
products entered for consumption prior to the date of initiation of the 
investigation.


                               Article 11

             Duration and Review of Anti-Dumping Duties and

                           Price Undertakings


11.1  An anti-dumping duty shall remain in force only as long as and to the 
extent necessary to counteract dumping which is causing injury.

11.2  The authorities shall review the need for the continued imposition of 
the duty, where warranted, on their own initiative or, provided that a 
reasonable period of time has elapsed since the imposition of the definitive 
anti-dumping duty, upon request by any interested party which submits 
positive information substantiating the need for a review.[21]  Interested 
parties shall have the right to request the authorities to examine whether 
the continued imposition of the duty is necessary to offset dumping, whether 
the injury would be likely to continue or recur if the duty were removed or 
varied, or both.  If, as a result of the review under this paragraph, the 
authorities determine that the anti-dumping duty is no longer warranted, it 
shall be terminated immediately.

11.3  Notwithstanding the provisions of paragraphs 1 and 2, any definitive 
anti-dumping duty shall be terminated on a date not later than five years 
from its imposition (or from the date of the most recent review under 
paragraph 2 if that review has covered both dumping and injury, or under 
this paragraph), unless the authorities determine, in a review initiated 
before that date on their own initiative or upon a duly substantiated 
request made by or on behalf of the domestic industry within a reasonable 
period of time prior to that date, that the expiry of the duty would be 
likely to lead to continuation or recurrence of dumping and injury.[22]  The 
duty may remain in force pending the outcome of such a review.

11.4  The provisions of Article 6 regarding evidence and procedure shall 
apply to any review carried out under this Article.  Any such review shall 
be carried out expeditiously and shall normally be concluded within twelve 
months of the date of initiation of the review.

11.5  The provisions of this Article shall mutatis mutandis apply to price 
undertakings accepted under Article 8.


                               Article 12

             Public Notice and Explanation of Determinations


12.1  When the authorities are satisfied that there is sufficient evidence 
to justify the initiation of an anti-dumping investigation pursuant to 
Article 5, the Member or Members the products of which are subject to such 
investigation and other interested parties known to the investigating 
authorities to have an interest therein shall be notified and a public 
notice shall be given.

12.1.1A public notice of the initiation of an investigation shall contain or 
      otherwise make available through a separate report[23]adequate 
      information on the following:

      (i)  the name of the exporting country or countries and the product 
           involved;

      (ii) the date of initiation of the investigation;

      (iii)the basis on which dumping is alleged in the application;

      (iv) a summary of the factors on which the allegation of injury is 
           based;

      (v)  the address to which representations by interested parties should 
           be directed;

      (vi) the time-limits allowed to interested parties for making their 
           views known.

12.2  Public notice shall be given of any preliminary or final 
determination, whether affirmative or negative, of any decision to accept an 
undertaking pursuant to Article 8, of the termination of such an 
undertaking, and of the revocation of a determination.  Each such notice 
shall set forth or otherwise make available through a separate report in 
sufficient detail the findings and conclusions reached on all issues of fact 
and law considered material by the investigating authorities.  All such 
notices and reports shall be forwarded to the Member or Members the products 
of which are subject to such determination or undertaking and to other 
interested parties known to have an interest therein.

      12.2.1A public notice of the imposition of provisional measures shall 
           set forth or otherwise make available through a separate report 
           sufficiently detailed explanations for the preliminary 
           determinations on dumping and injury and shall refer to the 
           matters of fact and law which have led to arguments being 
           accepted or rejected.  Such a notice or report shall, due regard 
           being paid to the requirement for the protection of confidential 
           information, contain in particular:

           (i)   the names of the suppliers, or when this is impracticable, 
                 the supplying countries involved;

           (ii)  a description of the product which is sufficient for 
                 customs purposes;

           (iii) the margins of dumping established and a full explanation 
                 of the reasons for the methodology used in the 
                 establishment and comparison of the export price and the 
                 normal value under Article 2;

           (iv)  considerations relevant to the injury determination as set 
                 out in Article 3;

           (v)   the main reasons leading to the determination.

      12.2.2A public notice of conclusion or suspension of an investigation 
           in the case of an affirmative determination providing for the 
           imposition of a definitive duty or the acceptance of a price 
           undertaking shall contain or otherwise make available through a 
           separate report all relevant information on the matters of fact 
           and law and reasons which have led to the imposition of final 
           measures or the acceptance of a price undertaking, due regard 
           being paid to the requirement for the protection of confidential 
           information.  The notice or report shall in particular contain 
           the information described .in sub-paragraph 2.1 of Article 12, as 
           well as the reasons for the acceptance or rejection of relevant 
           arguments or claims made by the exporters and importers, and the 
           basis for any decision made under sub-paragraph 10.2 of Article 
           6.

      12.2.3A public notice of the termination or suspension of an 
           investigation following the acceptance of an undertaking pursuant 
           to Article 8 shall include or otherwise make available through a 
           separate report the non-confidential part of this undertaking. 

12.3  The provisions of this Article shall apply mutatis mutandis to the 
initiation and completion of reviews pursuant to Article 11 and to decisions 
under Article 10 to apply duties retroactively.


                               Article 13

                             Judicial Review


      Each Member, whose national legislation contains provisions on 
anti-dumping measures, shall maintain judicial, arbitral or administrative 
tribunals or procedures for the purpose, inter alia, of the prompt review of 
administrative actions relating to final determinations and reviews of 
determinations within the meaning of Article 11 of this Agreement.  Such 
tribunals or procedures shall be independent of the authorities responsible 
for the determination or review in question.


                               Article 14

            Anti-dumping action on behalf of a third country


14.1  An application for anti-dumping action on behalf of a third country 
shall be made by the authorities of the third country requesting action.

14.2  Such an application shall be supported by price information to show 
that the imports are being dumped and by detailed information to show that 
the alleged dumping is causing injury to the domestic industry concerned in 
the third country.  The government of the third country shall afford all 
assistance to the authorities of the importing country to obtain any further 
information which the latter may require.

14.3  The authorities of the importing country in considering such an 
application shall consider the effects of the alleged dumping on the 
industry concerned as a whole in the third country;  that is to say the 
injury shall not be assessed in relation only to the effect of the alleged 
dumping on the industry's export to the importing country or even on the 
industry's total exports.

14.4  The decision whether or not to proceed with a case shall rest with the 
importing country.  If the importing country decides that it is prepared to 
take action, the initiation of the approach to the Council for Trade in 
Goods seeking its approval for such action shall rest with the importing 
country.


                               Article 15

                       Developing country Members


      It is recognized that special regard must be given by developed 
country Members to the special situation of developing country Members when 
considering the application of anti-dumping measures under this Agreement.  
Possibilities of constructive remedies provided for by this Agreement shall 
be explored before applying anti-dumping duties where they would affect the 
essential interests of developing country Members.


                                 PART II

                               Article 16

                   Committee on Anti-Dumping Practices


16.1  There shall be established under this Agreement a Committee on 
Anti-Dumping Practices (hereinafter referred to as the "Committee") composed 
of representatives from each of the Members.  The Committee shall elect its 
own Chairman and shall meet not less than twice a year and otherwise as 
envisaged by relevant provisions of this Agreement at the request of any 
Member.  The Committee shall carry out responsibilities as assigned to it 
under this Agreement or by the Members and it shall afford Members the 
opportunity of consulting on any matters relating to the operation of the 
Agreement or the furtherance of its objectives.  The MTO Secretariat shall 
act as the secretariat to the Committee.

16.2  The Committee may set up subsidiary bodies as appropriate.

16.3  In carrying out their functions, the Committee and any subsidiary 
bodies may consult with and seek information from any source they deem 
appropriate.  However, before the Committee or a subsidiary body seeks such 
information from a source within the jurisdiction of a Member, it shall 
inform the Member involved.  It shall obtain the consent of the Member and 
any firm to be consulted.

16.4  Members shall report without delay to the Committee all preliminary or 
final anti-dumping actions taken.  Such report will be available in the MTO 
Secretariat for inspection by government representatives.  The Members shall 
also submit, on a semi-annual basis, reports of any anti-dumping actions 
taken within the preceding six months.

16.5  Each Member shall notify the Committee (a) which of its authorities 
are competent to initiate and conduct investigations referred to in Article 
5 and (b) its domestic procedures governing the initiation and conduct of 
such investigations.


                               Article 17

                   Consultation and Dispute Settlement


17.1  Except as otherwise provided herein, the Understanding on Rules and 
Procedures Governing the Settlement of Disputes is applicable to 
consultations and the settlement of disputes under this Agreement.

17.2  Each Member shall afford sympathetic consideration to, and shall 
afford adequate opportunity for consultation regarding, representations made 
by another Member with respect to any matter affecting the operation of this 
Agreement. 

17.3  If any Member considers that any benefit accruing to it, directly or 
indirectly, under this Agreement is being nullified or impaired, or that the 
achievement of any objective is being impeded, by another Member or Members, 
it may, with a view to reaching a mutually satisfactory resolution of the 
matter, request in writing consultations with the Member or Members in 
question.  Each Member shall afford sympathetic consideration to any request 
from another Member for consultation.             

17.4  If the Member that requested consultations considers that the 
consultations pursuant to paragraph 3 of Article 17 have failed to achieve a 
mutually agreed solution and final action has been taken by the 
administering authorities of the importing Member to levy definitive 
anti-dumping duties or to accept price undertakings, it may refer the matter 
to the Dispute Settlement Body (DSB).  When a provisional measure has a 
significant impact and the Member considers the measure was taken contrary 
to the provisions of paragraph 1 of Article 7 of this Agreement, that Member 
may also refer such matter to the DSB.

17.5  The DSB shall, at the request of the complaining party, establish a 
panel to examine the matter based upon: 

      (a)  a written statement of the Member making the request indicating 
           how a benefit accruing to it, directly or indirectly, under this 
           Agreement has been nullified or impaired, or that the achieving 
           of the objectives of the Agreement is being impeded, and

      (b)  the facts made available in conformity with appropriate domestic 
           procedures to the authorities of the importing Member.

17.6  In examining the matter in paragraph 5:

      (i)  in its assessment of the facts of the matter, the panel shall 
           determine whether the authorities' establishment of the facts was 
           proper and whether their evaluation of those facts was unbiased 
           and objective.  If the establishment of the facts was proper and 
           the evaluation was unbiased and objective, even though the panel 
           might have reached a different conclusion, the evaluation shall 
           not be overturned;

      (ii) the panel shall interpret the relevant provisions of the 
           Agreement in accordance with customary rules of interpretation of 
           public international law.  Where the panel finds that a relevant 
           provision of the Agreement admits of more than one permissible 
           interpretation, the panel shall find the authorities' measure to 
           be in conformity with the Agreement if it rests upon one of those 
           permissible interpretations.

17.7  Confidential information provided to the panel shall not be disclosed 
without formal authorization from the person, body or authority providing 
such information.  Where such information is requested from the panel but 
release of such information by the panel is not authorized, a 
non-confidential summary of the information, authorized by the person, body 
or authority providing the information, shall be provided.


                                PART III

                               Article 18

                            Final Provisions 


18.1  No specific action against dumping of exports from another Member can 
      be taken except in accordance with the provisions of the GATT 1994, as 
      interpreted by this Agreement.[26]

18.2  Reservations may not be entered in respect of any of the provisions of 
      this Agreement without the consent of the other Members.

18.3  Subject to sub-paragraphs 1 and 2, the provisions of this Agreement 
shall apply to investigations, and reviews of existing measures, initiated 
pursuant to applications which have been made on or after the date of entry 
into force for a Member of the Agreement Establishing the MTO.

      18.3.1With respect to the calculation of margins of dumping in refund 
      procedures under Article 9.3, the rules used in the most recent 
      determination or review of dumping shall apply.

      18.3.2   For the purposes of paragraph 3 of Article 11, existing 
      anti-dumping measures shall be deemed to be imposed on a date not 
      later than the date of entry into force for a Member of the Agreement 
      Establishing the MTO, except  in cases in which the domestic 
      legislation of a Member in force at that date already included a 
      clause of the type provided for in that paragraph.

18.4  (a)  Each government accepting or acceding to the MTO shall take all 
           necessary steps, of a general or particular character, to ensure, 
           not later than the date of entry into force of the Agreement 
           Establishing the MTO for it, the conformity of its laws, 
           regulations and administrative procedures with the provisions of 
           this Agreement as they may apply for the Member in question.

      (b)  Each Member shall inform the Committee of any changes in its laws 
           and regulations relevant to this Agreement and in the 
           administration of such laws and regulations.

18.5  The Committee shall review annually the implementation and operation 
of this Agreement taking into account the objectives thereof.  The Committee 
shall annually inform the Council for Trade in Goods of developments during 
the period covered by such reviews.

18.6  The Annexes to this Agreement constitute an integral part thereof.


                                 ANNEX I

           Procedures for On-The-Spot Investigations Pursuant
                       to paragraph 7 of Article 6


1.    Upon initiation of an investigation, the authorities of the exporting 
      country and the firms known to be concerned should be informed of the 
      intention to carry out on-the-spot investigations.

2.    If in exceptional circumstances it is intended to include 
      non-governmental experts in the investigating team, the firms and the 
      authorities of the exporting country should be so informed.  Such 
      non-governmental experts should be subject to effective sanctions for 
      breach of confidentiality requirements.

3.    It should be standard practice to obtain explicit agreement of the 
      firms concerned in the exporting country before the visit is finally 
      scheduled.

4.    As soon as the agreement of the firms concerned has been obtained the 
      investigating authorities should notify the authorities of the 
      exporting country of the names and addresses of the firms to be 
      visited and the dates agreed.

5.    Sufficient advance notice should be given to the firms in question 
      before the visit is made.

6.    Visits to explain the questionnaire should only be made at the request 
      of an exporting firm.  Such a visit may only be made if the 
      authorities of the importing country notify the representatives of the 
      government of the country in question and unless the latter do not 
      object to the visit.

7.    As the main purpose of the on-the-spot investigation is to verify 
      information provided or to obtain further details, it should be 
      carried out after the response to the questionnaire has been received 
      unless the firm agrees to the contrary and the government of the 
      exporting country is informed by the investigating authorities of the 
      anticipated visit and does not object to it;  further, it should be 
      standard practice prior to the visit to advise the firms concerned f 
      the general nature of the information to be verified and of any 
      further information which needs to be provided, though this should not 
      preclude requests to be made on the spot for further details to be 
      provided in the light of information obtained.

8.    Enquiries or questions put by the authorities or firms of the 
      exporting countries and essential to a successful on-the-spot 
      investigation should, whenever possible, be answered before the visit 
      is made.

                                ANNEX II

     Best Information Available in Terms of paragraph 8 of Article 6


1.    As soon as possible after the initiation of the investigation, the 
      investigating authorities should specify in detail the information 
      required from any interested party, and the way in which that 
      information should be structured by the interested party in its 
      response.  The authorities should also ensure that the party is aware 
      that if information is not supplied within a reasonable time, the 
      authorities will be free to make determinations on the basis of the 
      facts available, including those contained in the request for the 
      initiation of the investigation by the domestic industry.

2.    The authorities may also request that an interested party provide its 
      response in a particular medium (e.g., computer tape) or computer 
      language.  Where such a request is made, the authorities should 
      consider the reasonable ability of the interested party to respond in 
      the preferred medium or computer language, and should not request the 
      company to use for its response a computer system other than that used 
      by the firm.  The authority should not maintain a request for a 
      computerized response, if the interested party does not maintain 
      computerized accounts and if presenting the response as requested 
      would result in an unreasonable extra burden on the interested party, 
      e.g., it would entail unreasonable additional cost and trouble.  The 
      authorities should not maintain a request for a response in a 
      particular medium or computer language if the interested party does 
      not maintain its computerized accounts in such medium or computer 
      language and if presenting the response as requested would result in 
      an unreasonable extra burden on the interested party, e.g., it would 
      entail unreasonable additional cost and trouble.

3.    All information which is verifiable, which is appropriately submitted 
      so that it can be used in the investigation without undue difficulties 
      and which is supplied in a timely fashion, and, where applicable, 
      supplied in a medium or computer language requested by the 
      authorities, should be taken into account when determinations are 
      made.  If a party does not respond in the preferred medium or computer 
      language but the authorities find that the circumstances set out in 
      paragraph 2 have been satisfied, this should not be considered to 
      significantly impede the investigation.

4.    Where the authorities do not have the ability to process information 
      if provided in a particular medium (e.g., computer tape) the 
      information should be supplied in the form of written material or any 
      other form acceptable to the authorities.

5.    Even though the information provided may not be ideal in all respects, 
      this should not justify the authorities from disregarding it provided 
      the interested party has acted to the best of its ability.

6.    If evidence or information is not accepted, the supplying party should 
      be informed forthwith of the reasons thereof and have an opportunity 
      to provide further explanations within a reasonable period, due 
      account being taken of the time-limits of the investigation.  If the 
      explanations are considered by the authorities as not being 
      satisfactory, the reasons for rejection of such evidence or 
      information should be given in any published findings.


7.    If the authorities have to base their determinations, including those 
      with respect to normal value, on information from a secondary source, 
      including the information supplied in the request for the initiation 
      of the investigation, they should do so with special circumspection.  
      In such cases, the authorities should, where practicable, check the 
      information from other independent sources at their disposal, such as 
      published price lists, official import statistics and customs returns, 
      and from the information obtained from other interested parties during 
      the investigation.  It is clear, however, that if an interested party 
      does not co-operate and thus relevant information is being withheld 
      from the authorities, this situation could lead to a result which is 
      less favourable to the party than if the party did co-operate.


1. The term "initiated" as used hereinafter means the procedural action by 
which a Member formally commences an investigation as provided in Article 5.

2. Sales of the like product destined for consumption in the domestic market 
of the exporting country shall normally be considered a sufficient quantity 
for the determination of the normal value if such sales constitute 5 per 
cent or more of the sales of the product under consideration to the 
importing country, provided that a lower ratio should be acceptable where 
the evidence demonstrates that domestic sales at such lower ratio are 
nonetheless of sufficient magnitude to provide for a proper comparison.

3. When in this Agreement the term "authorities" is used, it shall be 
interpreted as meaning authorities at an appropriate senior level.

4. The extended period of time should normally be one year but shall in no 
case be less than six months.

5. Sales below per unit cost are made in substantial quantities when the 
authorities establish that the weighted average selling price of the 
transactions under consideration for the determination of the normal value 
is below the weighted average unit cost or that the volume of sales below 
per unit costs represents not less than 20 per cent of the volume sold in 
transactions under consideration for the determination of the normal value.

6. The adjustment made for start-up operations shall reflect the costs at 
the end of the start-up period or, if that period extends beyond the period 
of investigation, the most recent costs which can reasonably be taken into 
account by the authorities during the investigation.

7. It is understood that some of the above factors may overlap, and 
authorities shall ensure that they do not duplicate adjustments that have 
been already made under this provision.

8. Normally, the date of sale would be the date of contract, purchase order, 
order confirmation, or invoice, whichever establishes the material terms of 
sale.   

9. Under this Agreement the term "injury" shall, unless otherwise specified, 
be taken to mean material injury to a domestic industry, threat of material 
injury to a domestic industry or material retardation of the establishment 
of such an industry and shall be interpreted in accordance with the 
provisions of this Article.

10. One example, though not an exclusive one, is that there is convincing 
reason to believe that there will be, in the near future, substantially 
increased importations of the product at dumped prices.

11. For the purpose of this paragraph, 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.  For the purpose of this paragraph, one shall be deemed to 
control another when the former is legally or operationally in a position to 
exercise restraint or direction over the latter.

12. As used in this Agreement "levy" shall mean the definitive or final 
legal assessment or collection of a duty or tax.

13. In the case of fragmented industries involving an exceptionally large 
number of producers, authorities may determine support and opposition by 
using statistically valid sampling techniques.

14. Members are aware that in the territory of certain Members, employees of 
domestic producers of the like product or representatives of those 
employees, may make or support an application for an investigation under 
paragraph 1.

15. As a general rule, the time-limit for exporters shall be counted from 
the date of receipt of the questionnaire, which for this purpose shall be 
deemed to have been received one week from the day on which it was sent to 
the respondent or transmitted to the appropriate diplomatic representative 
of the exporting country or in the case of a separate customs territory 
Member of the MTO, an official representative of the exporting territory.

16. It being understood that, where the number of exporters involved is 
particularly high, the full text of the written application should instead 
be provided only to the authorities of the exporting country or to the 
relevant trade association.

17. Members are aware that in the territory of certain Members disclosure 
pursuant to a narrowly-drawn protective order may be required.

18. Members agree that requests for confidentiality should not be 
arbitrarily rejected.  

19. The word "may" shall not be interpreted to allow the simultaneous 
continuation of proceedings with the implementation of price undertakings 
except as provided in paragraph 4.

20. It is understood that the observance of the time-limits mentioned in 
this sub-paragraph and in sub-paragraph 2 may not be possible where the 
product in question is subject to judicial review proceedings.

21. A determination of final liability for payment of anti-dumping duties as 
provided for in paragraph 3 of Article 9 does not by itself constitute a 
review within the meaning of this Article.

22. When the amount of the anti-dumping duty is assessed on a retrospective 
basis, a finding in the most recent assessment proceeding under 
sub-paragraph 3.1 of Article 9 that no duty is to be levied shall not by 
itself require the authorities to terminate the definitive duty.

23. Where authorities provide information and explanations under the 
provisions of this Article in a separate report, they shall ensure that such 
report is readily available to the public.

26. This is not intended to preclude action under other relevant provisions 
of the GATT 1994, as appropriate.



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