G/ADP/N/1/LBR/1  
 
1 December  2017 
(17-6634) Page: 1/22 
Committee on Anti -Dumping Practices  Original: English  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R  
ARTICLE  18.5 OF THE RELEVANT AGREEMENT  
LIBERIA  
The following communication, dated 25 September 2017, is being circulated at the request of  the 
delegation of Liberia . 
_______________  
 
Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 the Republic of Liberia hereby notifies:  
REGULATION C/REG.6/06/13 RELATIVE TO DEFENSE MEASURES TO BE  IMPOSED ON IMPORTS 
WHICH ARE DUMPED FROM NON -MEMBER STATES  OF THE ECONOMIC COMMUNITY OF WEST 
AFRICAN STATES  
The text of the document  is attached.  
Should Liberia want to implement any trade defence measure as a country other than those of 
ECOWAS, the WTO will be notified in advance.  
  G/ADP/N/1/LBR/1  
 
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  SEVENTIETH ORDINARY SESSION OF THE COUNC IL OF MINISTERS  
Abidjan, 20 -21 June 2013  
REGULATION C/REG.6/0 6/13 RELATIVE TO DEF ENSE MEASURES TO BE  
IMPOSED ON IMPORTS W HICH ARE DUMPED FROM  NON-MEMBER STATES  
OF THE ECONOMIC COMM UNITY OF WEST AFRICA N STATES  
THE CO UNCIL OF MINISTERS  
MINDFUL of Articles 10, ·11, and 12 of the ECOWAS Treaty as amended, establishing  the Council 
of Ministers and de fining its composition and functions;  
MINDFUL of Articl es 35, 36, and 37 of the said treaty relating to trade liberalization,  customs 
duties, and the co mmon external tariff concerning all imported products from third countries into 
member states with the view to establishing a customs union in the community;  
MINDFUL of Article 42 of the ECO WAS Treaty which amongst other issues mandating Member 
States to prohibit the practice of dumping goods within the Community;  
MINDFUL of Decision A/DEC.17.01.0 of 17/10/06 on the adoption of the ECO WAS Common 
External Tariff, nota bly arti cle 9 of the said de cision authorizing the Council of Mi nister to 
determine through a regulation the list of products,  tax base, rate  and durati on of the imposition 
of the Import safeguard tax;  
CONSIDERING that anti -dumping measures constitute an additional protection mechanism to 
protect community production ; 
DESIROUS of ensuring a smooth implementation of the Common  External Tariff by  the a doption 
within this framework o f a mechanism for the application of the Import safeguard tax, an d in this 
regard, adopt anti-dumping measures  
ON THE PROPOSAL of the 13th meeting of the joint ECOWAS-UEMOA committee for the 
management of the ECOWAS common externa l tariff held in Dakar on 29 -30 April , 2013;  
ON THE RECOMMENDATION  of the 52nd session of the Technical Committee on Tr ade, Customs, 
and Free movement held in Dakar,  on 02 -03 May  2013. 
  G/ADP/N/1/LBR/1  
 
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  ENACTS  
GENERAL PRINCIPLES  
Article 1: Definitions  
For the purpose of this Regulation:  
ECOWAS means Economic Community of West African  States  the establishment  of which was 
reaffirmed by article 2 of the revised treaty signed in Cotonou  on 24 July  1993;  
Commission means the ECOWAS Commission created by article 17 of the ECOWAS Revised treaty 
as amended by Supplementary Protocol A/SP1/06/06 on the amendment of the said treaty;  
Community means the Economic Community of West African States,  the creation of which was 
reaffirmed by article 2 of the Revised Treaty signed in Cotonou on 24 July 1993;  
Member State: Member State of the Community;  
Third countries: countries other than Member States of the Community;  
Exporting country: This is the co untry of origin. However, it  could  be an intermediate country, 
except when the product is in transit through that country, when the  product  in question is not 
manufactured there or when there are no comparable prices for the product in that country.  
Like P roduct: Identical product, similar 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  consid eration:  
Injury: material injury to the Community industry, threat of material injury to the Community 
industry or material retardation of the establishment or development of such an industry and shall 
be interpreted in accordance with the provisions of th is Article.  
Community industry: Community producers as a whole of like products or those  of them whose 
collective output of the products constitutes a major proportion of the total Community production 
of those products. However, when producers are related  to the exporters or  importers or are 
themselves importers of the allegedly dumped product, the term 'Community industry' may be 
interpreted as referring to the rest of the producers. Producers shall be considered to be related to 
exporters or importers on ly 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 
operationall y in a position to exercise restraint or direction over the  latter.  
Community's territory: all the territories of the Member States; in certain circumstances the 
territory of the Community 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:  
 the producers within such a market sell all or almost  all of their production  of the product 
in question in that market;  and G/ADP/N/1/LBR/1  
 
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   the demand in that market is not to any substantial degree supplied by produ cers of the 
product in question  located elsewhere in the Community. In such circumstances, injury 
may be found to exist even where a major portion of the total Community industry does  
not suffer injury, 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 a market.  
Books: all do cuments kept in an enterprise retracing all the costs relating to commercial 
operations and the production of the product being considered.  
Section 2- DETERMINATION  OF DUMPING  
Paragraph 1 – Principles  
Article 1 : 
An anti-dumping  duty may be applied  to any dumped  product  whose  release  for free circulation in 
the Community causes injury or threatens to cause injury to  a Community  industry or if it causes 
substantial delay in the creation of an industry within the  Community.  
Article 2 : 
A product imported from a  third party country is considered to constitute dumping when it is 
introduced into the community  at a price that is less than its normal value  which corresponds  to a 
comparable price during normal trade for a similar product meant for consumption in the 
exporting  country.  
Article 3: Condition for the imposition of anti -dumping measures  
An antidumping measure can only be imposed by competent authorities of the Commission on 
articles imported from third -party States if they are in conformity with article (vi) of the General 
Agreement on Tariffs and Trade (GAT T) of 1994, and of the Agreement on the implementation  of 
article (vi) whose terms and conditions are reiterated in the present Regulation. The authorities 
referred to in the first clause will initiate, i f need be, an investigation  to determine:  
a. that the product referred to constitutes  dumping;  
b. that a Community industry has suffered injury or has come under threat of injury,  and 
c. that there is a link between the injury caused or the threat of injury and the  importation 
constituting dumping.  
Paragraph 2 - Calculation of normal value  
Article 4: Normal value  
The normal  value  of a product  is determined in accordance  with whether  the product  comes  from a 
market -economy country or from a non -market economy country  in accordance with the rules 
defined in articles 5 to 11 here -below.  
Article 5: Importation  
In the case  of importations  coming  from market -economy countries,  the normal  value is the  price 
paid or payable, in the ordinary course of trade, by independent customers in the  exporting 
country. Where the exporter in the exporting country  does not produce or does not  sell the like 
product, the normal value may be established on the  basis of prices  of other sellers or producers. 
Prices between parties which appea r to be associated or to have a compensatory arrangement 
with each other may not be considered to  be in the ordinary course of trade and may not be used 
to establish normal value unless  it is determined  that they are unaffected by the relationship.  G/ADP/N/1/LBR/1  
 
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  Article  6: Like product  
1. When there are no or insufficient sales of the like product in the ordinary course of trade, or 
where because of the particular market situation or of low safes volumes in the local  market 
of the exporting country such sales do not permit a proper comparison, the normal value of 
the like product shall be calculated on the basis of the export  prices,  in the. ordinary  course  
of trade,  to an appropriate  third-party State, provided that those prices  are representative, 
or on the basis of the cost of production the country of origin plus a reasonable amount for 
selling, general and administrative costs and for profits.  
2. Sales of the like product intended for domestic consumption shall normally be used to 
determine normal value if such sales volume constitutes 5 % or more of the sales  volume of 
the product under consideration to the  Community.  
However, a lower volume of sales may be used when, for example, the prices charged are 
considere d representative for the market concerned.  
Article 7:  
Sales of a like product in the local market of the exporting country or sales to a third -party State 
at prices less than the retail production price (fixed or variable) increased by administrative and 
commercialization costs and costs of a general nature cannot be considered as inconsequential 
during normal trade because of their price and cannot be ignored when the normal value is being 
determined unless it is found that such sales are made:  
a. Over a peri od of six months or at most less than twelve  months;  
b. In substantial quantity, and  
c. At prices that do not allow all the costs to be covered within a reasonable time limit. 
If the prices which are less during sales are higher than average unit prices during t he 
period of investigation it is deemed that the prices help to cover the costs within a 
reasonable time limit. It is taken that sales at prices less than unit costs are made in 
substantial quantities during the period envisaged in paragraph (a) above, whe n it is 
established that the average sales price is less than average unit of any cost or that the 
volume of sales at prices less than unit cost does not represent less than 20% of the 
sales used to determine the normal value . 
Article 8: Calculation of cos t relating to considered or similar products  
1. 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 that it is shown that the records reasonably 
reflect the costs associated with the production and sale of the product under consideration.  
Consideration  shall be  given to  evidence  submitted on the proper allocation of costs, pr ovided 
that it is shown that such allocations have been historically utilised. In the absence of a  more 
appropriate  method,  preference shall be given to the allocation of costs on the basis of 
turnover.  Unless  already reflected in the cost allocations unde r this subparagraph, costs shall 
be adjusted appropriately for those non -recurring items of cost which benefit future and/or 
current production. If during the period covered by the investigation, costs are affected by the 
operation of the takeoff of a prod uction, the adjustment takes account of the cost at the end 
of the period of the takeoff or, if that period is longer  than the period  covered by  the 
investigation, the most recent cost s upplied in the three  months  starting  from the  time the 
investigation w as opened.  
2. The amounts for selling, for general and administrative 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:  G/ADP/N/1/LBR/1  
 
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  a. the actual amounts applicable to production and sales, in the ordinary course of trade, of 
the same general category of products for the exp orter or producer in question in the 
domestic market of the country of  origin;  
b. the weighted average of the actual amounts determined for 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;  
a. any other reasonable method, provided that the amount for profit so established shall 
not exceed the profit normally realised by other exporters or producers on sales of 
products of the same general category in the do mestic market of the country of  origin.  
Article 9: Determining the normal value for imports from non -market economy States  
In the case of imports from non -market economy countries, especially from planned economy 
countries, the authorities responsible for investigation may, to the extent that they consider the 
methods for determining the normal value as specified in the present regulation to be 
inappropriate, determine the normal value on the basis  of: 
a. a comparable price paid or payable, in the normal course of trade, during the sale of a 
like product meant for sale in an appropriate market -economy third party State;  
b. a comparable price paid or payable, in the course of normal trade, for the export of a 
like product coming from a market -economy third par ty State;  
c. the price actually paid or payable in the Community for the like product, duly adjusted if 
necessary to include a reasonable profit margin corresponding to the margin expected 
from the sector being considered given present economic circumstances;  
d. any other reasonable basis.  
Article 10 : 
An appropriate market -economy third party State shall be selected in a reasonable  manner,  due 
account being taken of any reliable information made available at the time of selection. Account 
shall also be taken of t ime-limits; where appropriate, a market -economy third party  State which is 
subject to the same investigation shall be used. The parties to the investigation shall be informed 
shortly after its initiation of the market -economy third -party State envisaged an d shall be given 
15 days from the date of receipt of notification to present their  comments.  
Article 11:  
The provisions of articles 5 to 8 above may be applied in relation to firms of a non -market 
economy facing an investigation on the request, made in wri ting and containing sufficient 
evidence, of one or more producers, that the producer operates under market economy 
conditions,  where:  
 the decisions of the firms regarding the factors of production  and trade policies  are made 
in response to market signals reflecting supply and demand, and without significant State 
interference in this regard, and costs of  major  inputs  substantially reflect market values;  
 the firms have one clear set of basic accounting records  which  are indepen dently audited 
in line with in ternational accounting standards;·  
 the production costs and financial situation of the firms are not subject to significant  
distortions due to their situation in relation to the State;  
 the firms concerned are subject to bankruptcy and property laws which g uarantee legal 
certainty and stability for the operation of firms. A determination whether the producer 
meets the above -mentioned criteria shall be made within three months of the initiation  of 
the investigation, after specific consultation of the Advisory  Committee and after the G/ADP/N/1/LBR/1  
 
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  Community industry has been given an opportunity to comment.  This determination shall 
remain in force throughout the  investigation.  
Paragraph 3 - Determining the export price  
Article 12:  
1. The export price shall be the price actua lly paid or payable for the product when sold for 
export from the exporting country to the Community.  
2. In cases where there is no export price or where it appears that the export price is 
unreliable because of an association or a compensatory arrangement  between the exporter and 
the importer or a third party, the export price may be constructed:  
a. on the basis of the price at which the imported products are first resold to an 
independent  buyer, or,  
b. if the products are not resold to an independent buyer, or are not resold in the condition 
in which they were imported, on any reasonable basis which may be determined by 
competent authorities.  
Article 13:  
In case where the export price is constructed, adjus tment for all costs, including duties and  taxes, 
incurred between importation and resale, and for profits  accruing,  shall be made so as  to establish 
a reliable export  price.  
The items for which adjustment shall be made shall include those normally borne  by an importer 
but paid by any party, either inside or outside the Community, which appears to be associated or 
to have a compensatory arrangement with the importer or exporter, including  usual transport, 
insurance, handling, loading and ancillary c osts; cus toms duties, any anti­ dumping duties, and 
other taxes payable in the importing country by reason of the  importation.  
Paragraph 4 - Determining the margin of dumping  
Article 14:  
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 and in respect of sales made at, as 
closely as possible, the same time and with due account taken of  other  differences  which affect 
price comparability.  
Where the normal value and the export price as  established are not on such a comparable basis, 
due allowance in the form of adjustments shall be made in each case, on its merits, for differences 
in factors which are claimed, and demonstrated, to affect prices and price comparability.  
When the specifie d conditions are met, the factors for which adjustment can be made are 
conditions of sale, taxation, level of trade, quantity, physical characteristics and all other elements 
which are necessary  to ensure fair comparability, provided that adjustments  already made are 
not repeated.  
Article 15:  
When  the price comparison  requires  a conversion  of currencies,  such conversion  shall be made 
using the rate of exchange  on the date of sale, except when a sale of foreign currency  on forward 
markets is directly linked to the export sale involved, in which case the rate of exchange  in the 
forward  sale shall be used. Normally,  the date  of sale shall be the date  of invoice but the date of 
contract, purchase order or order confirmation  may be used if these  more appropriately establish 
the material terms of sale. Fluctuations  in exchange  rates shall  be ignored and exporters shall be G/ADP/N/1/LBR/1  
 
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  granted 60 days to reflect a sustained  movement  in exchange rates during the 
investigation  period.  
Article 16:  
The dumping margin is the amount by which the normal value is greater than the export price. 
When the dumping margins vary, an average weighted dumping margin perhaps based on a 
comparison of an average weighted value with average weighted price of all export to the 
Community.  
However a normal value worked out on a weighted average can be compared to export 
transactions considered individually, if the configuration of export prices is remarkably different 
between different buyers, regions or periods and if an explanation is give n as to why it is not 
possible to duly take into account such differences by using a weighted average to weighted 
average comparison or a transaction to transaction  comparison.  
Section 3 - Determination of the existence of injury and a causal link  
Paragrap h 1 - Determining the existence of injury  
Article 17:  
A determination of injury shall be based on positive evidence and shall involve an objective 
examination of:  
a. the volume of the dumped imports ;  
b. the effect of the dumped imports on prices in the Community market for like 
products;  and 
c. the consequent impact of those imports on the Community  industry.  
Article 18:  
With regard to the volume of the dumped imports, consideration  shall be given to whether  there 
has been a significant increase in dumped i mports, either in absolute terms or relative to 
production or consumption in the Community. With regard to the effect of the dumped imports  on 
prices, consideration shall be given to whether there has been significant price undercutting by the 
dumped impor ts as compared with the price of a like product  of the Community  industry, or 
whether the effect of such imports is otherwise to depress prices to a significant degree or prevent 
price increases, which would otherwise have occurred, to a  significant degree.  
Article 19:  
Where imports of a product from more than one country are simultaneously subject to 
anti­dumping investigations, the effects of such imports shall be cumulatively assessed only if it is 
determined that:  
a. the margin of dumping established  in relation to the imports under investigation 
from each country is more than de minimis as defined in Article 30 of this regulation 
and that the volume of imports under investigation from each country is not 
negligible within the meaning of the same arti cle 
b. 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 Community product.  G/ADP/N/1/LBR/1  
 
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  Article 20 : 
1. The examination  of the impact of the dumped imports on the Community  industry concerned 
shall include an evaluation of all relevant economic factors and indices having a bearing on the 
state of the industry, including:  
a. actual and potential decline in sales, pr ofits, output, market share, productivity, 
return on investments,  capacity utilisation;  
b. factors affecting Community  prices;  
c. the magnitude of the actual margin of  dumping;  
d. 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 any one or more of these factors  necessarily  provide 
decisive  guidance.  
2. The effect of the dumped imports shall be assessed in relation to the production of the 
Community  industry 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 possibl e, the effects of the dumped 
imports shall be assessed by 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.  
Article 21:  
1. The threat of injury shall be established by any foreseen and imminent index of danger  of 
significant injury to a Community industry and whose probability of occurrence is demonstrated 
based on facts and not merely on an allegation, conjecture or remote  possibility.  
2. Regardi ng the indices which may characterise the threat of  material  injury,  consideration 
should be given to such factors as:  
a. a significant rate of increase of dumped imports into the Community market 
indicating the likelihood of substantially increased  imports;  
b. freely disposable production or exportation capacity of the exporter which surpasses 
the level required to meet its local needs or an imminent and substantial increase in 
such capacity indicating the likelihood of substantially increased dumped exports to 
the Community, account being taken of the availability of other export markets to 
absorb any additional  exports;  
c. whether imports are entering at prices that would, to a significant degree,  depress 
prices or prevent price increases which otherwise  would  have occurred, and would 
probably increase demand for further imports;  and 
d. Comparative development of growth in market  share  represented  respectively by 
importations constituting dumping and the production  in the community  of the same 
product or similar pr oduct denoting an actual or potential decrease of profitability of 
the Community industry;  
e. inventories of the product being investigated.  
3. If each of the indices which could characterise injury within the meaning of this article is to 
be specially invest igated, non among them constitutes in  principle  a determining basis for 
judgment. However one or only some of these indices can suffice to demonstrate that other 
importations which constitute  dumping  are imminent  and that  an important injury will occur if 
defensive measures  are not taken.  G/ADP/N/1/LBR/1  
 
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  4. When the complaint is based only on one or some of the indices whi ch could characterise the 
threat of injury within the meaning of the present article,  the Commission may invite 
exporters/producers mentioned in the comp laint to stay their  own side within 15 days from when 
they are invited, on the existence,  relevance  and the consequences of the indices  and on the 
threat of the alleged injury. If on the basis  of the complaint and the consultation eventually 
undertaken the  injury is proved, the Commission  will envisage  and decide with special care, the 
application  of antidumping  measures within the emergency procedure referred to in article 31 of 
the present regulation.  
Paragraph 2 - Determining the existence of a causal li nk 
Article 22:  
1. It shoul d be demonstrated with all the relevant elements of proof presented, that the 
importation constituting dumping causes injury within the meaning of the present regulation. 
In this case, it involves demonstrating that the volume and/or the level of prices referred to in 
article  17 have an impact on the Community industry and that the impact is such that it could be 
considered to be  significant;  
2. Known factors, apart from importations constituting dumping which at the same time c ause 
injury to the Community industry, are also investigated in a way that the injury caused by the 
factors are not attributed to importations constituting dumping. Factors  that can be considered as 
relevant in that respect include, among  others:  
a. volume an d prices of importation that are not sold at dumping  prices;  
b. the shrinking of demand or the adjustment in the configuration of consumption;  
c. restrictive commercial practices of third party country and community producers and the 
competition among the same  producers;  
d. progress in techniques;  
e. exportation and productivity results of the Community  industry.  
Section 4 - Initiation and conduct of investigations  
Paragraph 1 - Conditions for t he initiation of investigations  
Article 23: 
With due regards to measures in  article 37 of the present regulation an investigation aimed at 
determining the existence, the extent and the effect of any  alleged dumping  shall be initiated  on 
complaint presented in writing by the Community industry or any physical or moral person actin g 
in its name.  
The complaint may be addressed to the Commission  or to a Member State who will forward it  to 
the Commission. The Commission will send to Member States a copy of each complaint it receives. 
The complaint should be submitted the first working day of its receipt a t the Commission by 
registered l etter or one with acknowledgement of receipt by the Commission. When in the absence 
of complaint a Member State is in possession of elements of sufficient proof about a dumping and 
the injury that result from it to the Community industry, it shall  quickly communicate it to 
the Commission.  
Article 24:  
A request presented according to Article 23 above shall include elements of proof of the existence 
of dumping, of injury  and of a causal link in the sense mea nt in articles 17 to 23 of  the present 
regulation. It shall contain information that can reasonably be available to the complainant  on the 
following points:  G/ADP/N/1/LBR/1  
 
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  a. the name and the address of the complainant  
b. the industry on behalf of which the complaint is made, comprising a list of all known  
Community producers;  
c. information on the degree of support of the industry, such as:  
i. the volume and value of Community  production  of the  like product  accounted for by 
such producers,  and 
ii. the volume and value of production of the like product accounted for by the claimant 
and by each identified  Community  producer.  
d. a complete description of the allegedly dumped product, including its technical 
characteristics, its uses and it s ranking in the tariff regime in force;  
e. the country where the product alleged to constitute dumping is manufactured or 
produced and the intermediary country where it is imported from;  
f. the name and the address of each person who to the knowledge of the cla imant sells the 
product that is alleged to constitute dumping and the total size of exportation to the 
community that is attributed to it for the last twelve months;  
g. information on the price at which the product is sold for consumption in the local market,  
its country of origin or country of export and information on the export price or, if the 
need arises, on the price at which the product alleged to constitute dumping is resold for 
the first time to an independent buyer in the community;  
h. information  on the evolution of the volume of importation of the product that is alleged to 
constitute dumping, the effect of the importations on the price of similar products on the 
community's market and the effect of these importations on the industry.  
This inform ation can be obtained either from the Commission or from Member  States  
Article 25:  
The Commission shall not publicise the complaint seeking the initiation of an investigation unless a 
decision has been made to initiate an investigation. However, after rece ipt of a properly 
documented complaint and before proceeding to initiate an investigation, the government of the 
exporting country concerned shall be  notified.  
Article 26:  
The Commission shall, as far as possible, examine the accuracy and adequacy of the e vidence 
provided in the complaint to determine whether there is sufficient evidence to justify the initiation 
of an investigation.  
Article 27:  
An investigation shall not be initiated pursuant to Article 23 unless it has been determined, on the 
basis of an examination as to the degree of support for, or opposition to, the complaint expressed 
by Community producers of the like product, that the complaint  has been made by  or on behalf of 
the Community industry. The complaint shall be considered to have been ma de by or on behalf of 
the Community industry if it is supported by those Community producers whose collective output 
constitutes more than 50 % of the total production of the like product produced by that portion of 
the Community industry expressing either support for or opposition to the complaint. However, no 
investigation shall be initiated when Community producers expressly supporting the com plaint 
account for less than 25 % of total production of the like product produced by the 
Community  industry.  G/ADP/N/1/LBR/1  
 
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  Artic le 28:  
In special circumstances, Community authorities may decide to initiate an investigation without 
having received a written complaint by or on behalf of the Community industry for the initiation  of 
such investigation.  
This shall be done on the basis o f sufficient evidence of dumping,  injury  and a causal  link, within 
the meaning of Articles 17 to 22 of this Regulation, justifying such  initiation.  
Article 29:  
The complaint may be withdrawn prior to initiation, in which case it shall be considered not to have 
been lodged.  
Article 30:  
The evidence of both dumping and injury shall be considered simultaneously in the decision on 
whether or not to initiate an investigation.  
A complaint shall be rejected and the investigation promptly terminated when the concer ned 
authorities are satisfied that there is insufficient evidence of either  dumping  or of injury to  justify 
proceeding  with the case.  
The closing of the investigation shall be immediate, in cases where the authorities determine that 
the margin of dumping i s de minimis, or that the volume of imports, actual or potential, subject to 
dumping or the injury is negligible.  
The margin of dumping shall be considered de minimis if, when expressed as a percentage of the 
export price, it is less than 2%.  
In case of in vestigations concerning several countries at the same time, the volume of dumped 
imports shall normally be regarded as negligible if, from a particular country, it represents less 
than 3% of the Community's imports of the like product, unless these countri es collectively 
account for at least 7% of the Community's  imports.  
Paragraph 2 - Procedures for initiatin g and conducting investigations  
Article 31:  
Where insufficient evidence  has been presented, the complainant shall, after consultation, be  so 
informed within 30 days of the date on which the complaint is lodged with the Commission. Where, 
after consultation, it is apparent that there is sufficient evidence to justify initiating a proceeding, 
the Commission shall do so within 30 days of the lodging  of the  complaint  and shall publish a 
notice in the Official Journal of the Commission.  
However, when the Commission disposes, on the basis of an initial assessment of  the complaint 
and the possible consequences of the invitation referred to in paragraph 4 of Art icle 21 of this 
Regulation, of the first elements sufficient to characterise a threat of injury within the meaning of 
that section, it shall promptly initiate an investigation within  thirty  days after the filing of the 
complaint. The countries concerned sh all be notified  of the initiation  of proceedings and 
investigation, by a communication giving a summary of the information received. Interested 
parties may make themselves known, present their views in writing and submit relevant 
information to the Commission.  
The Commission shall ensure the protection of confidential information during and after the 
investigation. The informatio n provided shall not be disclos ed without the express  permission  of 
the party who provided the information.  G/ADP/N/1/LBR/1  
 
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  Article 32:  
Anti-dumping investigations consist of research for the most reliable information to take 
appropriate measures with a view to their closure.  
They may consist of sending survey forms to interested  parties, of checks carried out by the 
Commission or at its r equest by the Member  States.  
Article 33:  
1. Parties receiving questionnaires used in an anti -dumping investigation shall be given at least 
30 days to reply. 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 seven days from the 
day on which it was sent to the respondent or transmitted  to the appropriate  diplomatic 
representative of the exporting country.  An extension  not exceeding  30 days  may be granted, d ue 
account being taken of the time -limits of the investigation, provided that the party shows due 
cause for such extension, in terms of its particular  circumstances.  
2. The Commission may request Member States to supply information,  and Member  States 
shall take whatever steps are necessary in order to respond to such requests. They shall send  to 
the Commission the information requested together within the results of all inspections, checks  or 
investigations carried out.  
3. Where this information is of gener al interest or where its transmission has been requested 
by a Member State, the Commission shall forward it to the Member States, provided it is not 
confidential, in which case a non -confidential summary shall be  forwarded.  
4. The Commission may request Me mber States to carry out all necessary checks and 
inspections, particularly amongst importers, traders and Community producers, and to carry out 
investigations in third countries, provided that the firms concerned give their consent and that the 
government  of the country in question has been officially notified and raises no objection. Member 
States shall take whatever steps are necessary in order to respond to such requests from the 
Commission. Officials of the Commission shall be authorized, if the Commis sion or a Member State 
so requests, to assist the officials of Member States in carrying out their duties.  
5. Opportunities shall, on request, be provided for the importers, exporters, representatives of 
the government of the exporting country and the comp lainants, which have made themselves 
known in accordance with Article 31 above, 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 n eed 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. Oral information provided under this paragraph shall b e taken into 
account in so far as it is subsequently confirmed in writing.  
6. The complainants, importers and exporters and their representative associations, users and 
consumer organisations may, upon written request, inspect all information made availabl e by any 
party to an investigation, with the exception of internal documents prepared by the authorities of 
the Community  or its Member  States  provided  that such information  is relevant to the defense  of 
their interests and not confidential and are used in the investigation. Such parties may respond to 
such information and their comments shall be taken into consideration, wherever they are 
sufficiently substantiated in the  response.  
7. Except in the ci rcumstances provided for in Article 61 of this Regulation, the information 
which is supplied by interested parties and upon which findings are based shall be  examined  for 
accuracy as far as possible.  
Article 34:  
1. The Commission shall, where it considers it appropriate, carry out visits to examine the 
records of importers, exporters, traders, agents, producers, trade associations  and organisations G/ADP/N/1/LBR/1  
 
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  and to verify information provided on dumping and injury. In the absence of a proper and timely 
response, a ve rification visit may not  be performed.  
2. The Commission may carry out investigations in third countries as required, provide that it 
obtains  the agreement  of the  firms concerned,  that it notifies  the representatives of the  
government of the country in que stion and that the latter does not object to the investigation. As 
soon as the agreement of the firms concerned has been obtained the Commission should notify the 
authorities of the exporting country of the names and addresses of the firms to be visited an d the 
dates agreed. Also, the Commission may delegate this responsibility to staff of diplomatic 
representations of Member States who are in Foreign Service.  
3. The firms concerned shall be advised of the nature of the information to be verified and of  
any further information which needs to be provided during such visits, though this should not 
preclude requests made during the verification for further details to be provided in the light of 
information obtained.  
4. In investigations carried out pursuant to paragraphs 1, 2 and 3 of the present article the 
Commission shall be assisted by officials of those Member States who so  request.  
Article 35:  
Investigations shall, except in special circumstances, be concluded within one year, and in any 
event within a per iod not exceeding 18 months after opening.  
However, the investigation carried out under the urgency procedure referred to in the third 
paragraph of Article 31 of this Regulation, shall be completed within a maximum period of four 
months after its opening i n the manner provided in Section V of this  regulation.  
Article 36:  
An anti -dumping investigation shall not hinder the procedures of customs. Following the adoption 
of measures, no formalities other than those necessary for  the implementation of these measu res 
are imposed.  
Section 5 - Termination of Investigation  
Article 37:  
A complaint made under article 23 above may be withdrawn  at any time after the initiation of  an 
investigation, in which case the investigation is terminated without  any actions  taken,  unless such 
a termination is not in the interest of the  Community.  
Article 38:  
For a proceeding initiated pursuant to Article 23, injury shall normally  be regarded  as negligible 
where the imports concerned represent less than the volumes set out in Article  30 above. For the 
same proceeding, there shall be immediate termination where it is determined that the m argin of 
dumping is less than 2 %, expressed as a percentage of the export price, provided that it is only 
the investigation that shall be termina ted w here the margin is below 2 % for individual exporters 
and they shall remain subject to the proceeding and may be reinvestigated in any subsequent 
review carried out for the country concerned pursuant to Articles 55, 56 and 57 of this Regulation.  
Article 39: 
The Commission shall make public, with due regard to  the obligation to protect confid ential 
information, a notice of termination of an investigation without the imposition  of measures, which 
describes in sufficient detail the findings and conclusions reac hed on all issues  of fact and of law 
that it deems important, including those that led to the acceptance or rejection of arguments.  G/ADP/N/1/LBR/1  
 
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  Paragraph 1 - Provisional measures and price undertakings  
Article 40:  
1. Provisional measures, which take the form of provis ional duties, may be imposed  if: 
a. proceedings have been initiated in accordance with Article 23 above, if a notice has  
been given to that effect and interested parties have  been given  adequate  
opportunities to submit information and make  comments;  
b. if a provisional affirmative determination has been made of dumping and consequent 
injury to the Community industry, and if the Community interest calls for 
intervention to prevent such injury during the period of  proceedings;  
c. an emergency investigation pr ocedure was initiated within the meaning of the third 
paragraph of Article 31  above.  
2. The provisional duties shall be imposed no earlier than 60 days from the initiation of 
the proceedings . 
3. Where a Member State requests immediate intervention by the C ommission and where the 
conditions in paragraph 1 and 2 of this Article are met, the Commission  shall within  a maximum of 
five working days of receipt of the request, decide  whether  a provisional  duty shall be imposed.  
4. The amount of the provisional anti -dumping duty shall not exceed the margin of dumping as 
provisionally established, but it should be less than the margin if such lesser duty would be 
adequate to remove the injury to the Community industry.  
5. Provisional duties are covered by a guarantee (bond or cash deposit), and the release for 
consumption of the product concerned in the Community is subject to the provision of this 
warranty.  
6. The opening of an investigation in emergency, as provided in Article 31 above, may also 
justify the adoption of emergency measures. These can be taken at  any time during  the course of 
the investigation and shall not prejudge the outcome of the  latter.  
7. The Commission shall inform the Member States of any decision on provisional or  
emergency measures.  
Article 41 : 
Provisional duties may be imposed for six months and extended for a further three months or they 
may be imposed for a period of nine months. However, they may only be extended, or imposed for 
a nine -month period, where exporters representing a significan t percentage of the trade involved 
so request or do not object upon notification by the  Commission.  
Article 42:  
1. An investigation may be suspended or terminated without the imposition of provisional or 
definitive duties when the exporter is committed vol untarily and  adequately  to revising  its prices or 
to cease exports to the area in question at dumped prices, so that the Commission, after 
consulting is satisfied that the injurious effect of the dumping is eliminated. The Price increases 
under such undert akings  shall not be higher than necessary to eliminate the margin  of dumping 
and should be less than the margin of dumping if they are sufficient to remove the injury to the 
Community industry.  
2. Undertakings may be suggested by the Commission, but no exp orter shall be obliged  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 consideration of the case. However,  it may 
be determined that a threat of i njury is more likely to materialise if the dumped imports continue.  G/ADP/N/1/LBR/1  
 
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  Article 43:  
1. Undertakings shall not be sought or accepted from exporters  unless  a provisional affirmative 
determination of dumping and injury caused by such dumping has been  made . 
2. Undertakings offered need not be accepted if their acceptance is considered impractical, if 
such as where the number of actual or potential exporters is too great, or for other reasons, 
including reasons of general policy.  
The exporter concerned may be pro vided with the reasons  for which  it is proposed  to reject the 
offer of an undertaking and may be given an opportunity to make comments thereon. The reasons 
for rejection shall be set out in the definitive  decision.  
3. Parties which offer an undertaking sha ll be required to provide a non -confidential version of 
such undertaking, so that it may be made available to interested parties to the investigation.  
4. The Commission shall require  any exporter from which an undertaking  has been accepted  to 
provide, peri odically, information relevant to the fulfillment of such  undertaking,  and to permit 
verification of pertinent data. Non -compliance with  such requirements  shall be construed as a 
breach of the undertaking . 
Article 44:  
If the undertakings are accepted, the investigation of dumping and injury shall normally be 
completed. 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 exi stence of a price undertaking.  
In such cases it may be required that an undertaking be maintained for a reasonable period in 
accordance with the provisions of this Regulation. In the  event  that an affirmative determination of 
dumping and injury is made, th e undertaking shall continue consistent with its terms and the 
provisions  of this Regulation.  
Article 45:  
1. In case of breach or withdrawal of an undertaking where the investigation which led to the 
undertaking has not been concluded a provisional duty may be imposed  on the basis of the  best 
information available . 
2. In case of breach or withdrawal of undertakings by any party to the undertaking, a definitive 
duty shall be established in accordance with Article 47 below on the basis of facts established 
within the context of the investigation which led to the undertaking, provided that the investigation 
was concluded by a final determination of dumping and injury and that  the exporter concerned 
has, except where he himself has withdrawn the undertaking,  been given  an opportunity to 
comment.  
Paragraph 2 - Imposition and Co llection of Anti -dumping duties  
Article 46:  
Provisional or definitive  anti-dumping  duties shall be imposed by Regulation,  and collected by 
Member States in the form, at the rate specified and according to the other criteria laid down in 
the Regulation imposing such duties. Such duties shall also be collected independently of the 
customs duties, taxes and other charges normally imposed on  imports . 
Article 47:  
Where the facts a s finally estab lished  show that there is dumping  and injury  caused  thereby, and 
the Community interest calls for intervention, a definitive anti -dumping duty  shall be imposed  by 
the Council  of Ministers,  acting  on a proposal  from the Commission.  G/ADP/N/1/LBR/1  
 
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  Where provisional duties are in force, a proposal for definitive action  shall be submitted  no later 
than one month before the expiry of such duties.  
The amount of the anti -dumping duty shall not exceed the margin of dumping as provisionally 
established, but it should be less than the margin if such lesser duty would be adequate to remove 
the injury to the Community industry.  
Article 48:  
Dumping duty is ad valorem. It is imposed in addition to other import duties levied on imported 
goods concerned. An anti -dumping duty shall be impo sed in the appropriate amounts in each case, 
on a non -discriminatory basis on imports of a product from all sources found to be dumped and 
causing injury, except for imports from those sources from which undertakings under the terms of 
this Regulation have  been accepted.  
The decision imposing the duty shall specify the amount of the fee imposed  and the name of  the 
supplier of the product in question.  
However, in the case where several suppliers from the same country are involved, and it would be 
impossible to mention them all, the decision can make known the name of the supplier country 
concerned. If several suppliers from different countries are involved, the decision may name either 
all the suppliers involved, or if this is impracticable, all the supplying  countries involved.  
Article 49:  
The procedure for assessment and collection of the revenues from the anti -dumping measures 
shall be the same as in the case of the Community Levy  (CL). 
Article 50:  
Revenues from anti -dumping measures shall be paid into a special fund to be created by the 
Authority of Heads of States and Government . 
Article 51:  
The competent authorities may, in the interest of the Community, decide to suspend the 
implementation of measures imposed under this Regulation for a specific period . They can only 
suspend the measures in the event that market conditions have temporarily changed and the 
application of the measures would not be in the interest of the  Community, taking into account the 
observations of the industry concerned.  
Article 52:  
1. Notwithstanding Article 54 paragraph 1 of this Regulation, an importer may request 
reimbursement of duties collected where it is shown that the dumping margin, on the basis of 
which duties were paid, has been eliminated or reduced to a level which is b elow the level of the 
duty in force.  
2. To obtain a refund of anti -dumping duties, the importer shall submit an application -to the 
Commission. The application shall be submitted via the Member State of the territory in which the 
products were released for  free circulation, and within six months of the date on which the amount 
of the definitive duties to be levied was duly determined  by the competent  authorities  or of the 
date on which a decision was made definitively to collect  the amounts  secured by  way of 
provisional duty. Member States shall forward the request to the Commission  forthwith.  
3. An application for refund shall only be considered to be duly supported by evidence where it 
contains precise information on the amount of refund of anti -dumping d uties claimed and all 
customs documentation relating to the calculation and payment of such amount. It shall also 
include evidence, for a representative period, of normal values and export prices to the 
Community for the exporter or producer to which the d uty applies. In cases where the importer is 
not associated with the exporter or producer concerned and such information is not immediately G/ADP/N/1/LBR/1  
 
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  available, or where the exporter or producer is unwilling to release it to the importer, the 
application shall contai n a statement from the exporter or producer that the dumping margin has 
been reduced or eliminated, as specified in this Article, and that the relevant supporting evidence 
will be provided to the  Commission.  
Where such evidence is not forthcoming from the exporter or producer within a reasonable period 
of time the application shall be rejected.  
4. The decision on the refund of duties shall normally take place within  twelve  (12) months 
and, in any event, not more than eighteen months after the date on which the request for  refund, 
duly supported by evidence, was introduced by an importer  of the product  subject  to the 
antidumping duty. Authorized a refund plus, where applicable, default interest should normally be 
made by Member States in ninety days after the  above  decision.  
Article 53:  
1. The public shall be notified of decisions imposing provisional or  definitive  antidumping 
duties, and regulations or decisions accepting undertakings or terminating investigations or 
proceedings. Such regulations or decisions  shall contain in  particular  and with due regard to  the 
protection of confidential information, the names of the exporters, if possible, or of the countries 
involved, a description of the product and a summary of the material facts and considerations 
relevant to the dumping and injury  determinations.  
In each case, a copy of the regulation or decision shall be se nt to known interested  parties.  
The provisions of this paragraph  shall apply mutatis mutandis  to reviews.  
2. The Commission may, after consultation of the CET Management Committee, direct the 
customs authorities to take the appropriate steps to register imports, so that measures may 
subsequently be applied against those imports from the date of such registration. Imports may be 
made subject to registr ation following a request from the Community  industry  which  contains 
sufficient evidence to justify such action. Registration shall be introduced by the Commission 1s 
decision  which  shall specify  the purpose  of the action  and, if  appropriate,  the estimated amount of 
possible  future liability. Imports shall not be made subject to registration  for a period longer than 
nine months.  
The decision to submit the imports to registration may occur upon initiation of  the investigation.  
3. Member States shall report to  the Commission every quarter, on the import trade in 
products subject to investigation and to measures, and on the amount of duties collected pursuant 
to this Regulation.  
Article 54:  
Subject to the exceptions set out in this Regulation, provisional and  definitive  duties  are applied to 
products which enter for consumption after the date on which the decision taken in accordance 
with Articles 41, 46 and 47 above came into  force.  
Article 55:  
An anti -dumping duty may be levied on products which were entered fo r consumption not more 
than 90 days prior to the date of application of provisional measures but not prior to the initiation 
of the investigation, provided that imports have been registered in accordance with Article 51 
paragraph 2, the Commission has allo wed the importers an opportunity to submit their 
comments,  and: 
a. there is, for the product in question, a history of dumping over an extended period, or 
the importer was aware of, or should have been aware  of, the dumping  as regards the 
extent of  the dumpin g and the injury alleged or found;  and G/ADP/N/1/LBR/1  
 
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  b. in addition to the level of imports which caused injury during the investigation  period, 
there  is a further substantial rise in imports which, in the light of its timing and volume 
and other circumstances, is likely t o seriously undermine the remedial e ffect of the 
definitive anti­ dumping duty to be applied.  
2. In cases of breach or withdrawal of undertakings, definitive duties may be levied on goods 
entered for free circulation no more than ninety days before the appl ication of provisional 
measures, provided that imports have been registered in accordance with Article 51 paragraph 2, 
and that any such retroactive assessment shall not apply to imports entered before  the breach or 
withdrawal of the undertaking.  
Article 5 6: 
Where a provisional duty has been applied and the facts as finally established show that there is 
dumping and injury, the Commission shall decide, irrespective of whether a definitive 
anti­dumping duty is to be imposed, what proportion of the provisional duty is to be definitively 
collected. For this purpose, injury shall not include material retardation of the establishment of a 
Community industry, nor threat of material injury, except where it is found that this would, in the 
absence of provi sional measures, have developed into material injury. In all other cases involving 
such threat or retardation, any provisional amounts shall be released and definitive duties can only 
be imposed from the date that a final determination of threat or materia l retardation is made.  
2. If the definitive duty is higher than the provisional duty paid or payable, the difference shall  
not be collected. If the definitive duty is lower than the provisional duty paid or payable, the 
difference will be reimbursed or the  duty recalculated, as appropriate. Where a final determination 
is negative, the provisional duty shall not be  confirmed.  
Paragraph 3 - Duration, reviews of anti -dumpin g duties and price undertakings  
Article 57:  
An anti-dumping  measure  shall remain in force only  as long as, and to the extent  that, it  is 
necessary to counteract the dumping which is causing  injury.  
1. A definitive anti -dumping measure shall expire five years from its imposition or five years  
from the date of the conclusion of the most rec ent review  which has covered both dumping  and 
injury, unless it is determined in a review that the expiry would be likely to lead to a continuation 
or recurrence of dumping and injury.  
2. The review of measures at expiry shall be initiated on the initiativ e of the Commission, or 
upon request made by or on behalf of Community producers, and the measure shall remain in 
force pending the outcome of such review.  
3. An expiry review shall be initiated where the request contains sufficient evidence that the 
expiry of the measures would be likely to result in a continuation or recurrence of dumping and 
injury. Such likelihood may be supported by evidence of continued dumping and injury or evidence 
that the removal of injury is partly or solely due to the existence of measures or evidence that the 
circumstances of the exporters, or market  conditions,  are such t hat they would indicate the 
likelihood of new practices of injurious  dumping.  
4. Community producers are entitled to submit a request for review in accordance  with 
paragraph  1 not later than three months before the end of the period of five years. During 
investigations carried out during the review, the exporters, importers, the representatives of the 
exporting country and the Community producers shall be provid ed with the opportunity to  amplify, 
rebut or comment on the matters set out in the review , and conclusions shall be reached with due 
account taken of all relevant and duly documented evidence, presented in relation to the question 
of whether the expiry of  measures  would be likely,  or unlikely, to lead  to the continuation or 
recurrence of dumping and injury.  G/ADP/N/1/LBR/1  
 
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  Article 58:  
The need for the continued imposition of measures may also be reviewed,  where  warranted, on 
the initiative of the Commission or at the request of a Member State or, provided that a 
reasonable period of time of at least one year has elapsed since the imposition of the definitive 
measure, upon a request by any exporter or importer or by the Community producers which 
contains sufficient evid ence substantiating the need for such an interim  review.  
Article 59:  
A review shall also be carried out for the purpose of determining individual margins of dumping for 
new exporters in the exporting country in question which have not exported the product during the 
period of investigation on which the measures were based. The review shall be initiated where a 
new exporter or producer can show that it is not related to any of the exporters or producers in 
the exporting country which are subject to the anti -dumping on the product, and that it has 
actually exported to the Community following the investigation period, or where it can 
demonstrate that it has entered into an irrevocable contractual obligation to export a significant 
quantity to the Community.  
2. In all review or refund investigations carried out pursuant to this section and sections 50, 55 
and 56 above, the Commission shall, to the extent that circumstances have not changed, apply the 
same methodology as in the investigation which led to the duty.  
Article 60:  
The provisions of Articles 54, 55 and 56 of this Regulation shall apply mutatis  mutandis  to 
price undertakings.  
Article 61:  
1. Where the Community industry provide sufficient information showing that the measures did 
not result in a change or resulted only in insufficient movement in the resale prices or subsequent 
selling prices of the imported product in the Community, the investigation  may, after consultation, 
be reopened to examine whether the measure has had effects on the abovementioned p rices.  
2. During a reinvestigation pursuant to this section, exporters, importers and Community 
producers shall be provided with an opportunity to clarify the situation with regard to resale prices 
and subsequent selling prices, and if it is concluded that  the measure should lead to a change in 
these prices to eliminate the injury previously established in accordance with Article 17, the export 
price should be reassessed in accordance with Article 13 and the dumping margins must be 
recalculated to take acco unt of the reassessed export prices. If we consider that the stability of 
prices in the Community is due to a decrease in export prices before or after the imposition of 
measures, the dumping margins may be recalculated to reflect these lower export prices . 
3. Where a reinvestigation pursuant to this Article shows increased dumping, the measures in 
force may be amended in accordance with the new findings on export prices.  
4. The relevant provisions of this regulation shall apply to any reinvestigation carri ed out 
pursuant to this Article, except that such reinvestigation shall be carried out expeditiously and 
shall normally be concluded within  six months  of the date  of initiation of the  reinvestigation  
5. Alleged changes in normal value shall only be taken i nto account under this section where 
complete  information  on revised  normal  values,  duly substantiated  by evidence,  is made  available  
to the Commission within the time -limits set out in the notice of initiation of an investigation. 
Where an investigation involves a re -examination of normal values, imports may be required 
pending the outcome of further investigation for possible  enforcem ent action  against them from 
the date of registration.  G/ADP/N/1/LBR/1  
 
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  Article 62:  
The relevant provisions of corresponding procedure of this regulation for the initiation and conduct 
of investigations shall apply to any reinvestigation carried out pursuant to sections 55  and 56 
above. Such reinvestigation shall be carried out expeditiously and shall normally be concluded 
within twelve months of the date of initiation of the  reinvestigation.  
Section 6 - Special Provisions  
Article 63: 
1. In cases in which any interested par ty refuses access to, or otherwise does not provide, 
necessary information within the time -limits provided in this Regulation,  or significantly  impedes 
the investigation, provisional or final findings,  affirmative  or negative,  may be made on the basis 
of the facts available. Where it is found that any  interested  party has supplied false or misleading 
information, the information shall be disregarded and use may be made of facts available. 
Interested parties should be made aw are of the consequences of non -cooperation.  
2. When the necessary information is not provided or not accepted, the Commission may use 
other independent sources.  
3. If an interested party do es not cooperate, or cooperates  only partially, so that relevant 
information is thereby withheld, th e result may be less favourable to the party than if it had 
cooperated.  
Article 64:  
1. Where the Commission is satisfied that the evidence is sufficient to justify the initiation of 
a dumping investigation all interested parties receive notice and a notice  may be 
made  public.  
2. The complainants, importers and exporters and their representative associations, and 
representatives of the exporting country, may request disclosure of the details underlying 
the essential facts and considerations on the basis of which provisional measures have 
been imposed. Requests for such disclosure shall be made in writing immediately 
following the imposition of provisional measures, and the disclosure shall be made in 
writing as soon as possible, and normally one month at the  latest before the final 
decision.  Where  the Commission is not able to disclose certain facts or considerations in 
the period, this must be done as soon as possible thereafter. Disclosure shall not 
prejudice any subsequent decision which may be taken by th e Commission based on 
different  facts and considerations; these  shall be disclosed as soon as possible.  
3.3) Representations made after final disclosure is given shall be taken into consideration only 
if received within a period to be set by the Commission  in each case, which shall be at 
least 10  days.  
Article 65: 
A determination as to whether  the Community  interest calls for intervention  shall be  based on  an 
appreciation of all the various interests taken as a whole, including the interests of the domestic  
industry and users  and consumers,  and a determination  shall only be made  where all parties have 
been given the opportunity to make their views known on the imposition of measures or 
non-action.  
As part of this review, special attention is paid to the need  to eliminate the trade -distorting  effects 
of injurious dumping and to restore effective competition.  
Measures, as determined on the basis of the dumping and injury found, may not be applied where 
the authorities, on the basis of all the information submit ted, can clearly conclude that it  is not in 
the Community interest to apply  such measures.  Final decisions  are communicated  to the 
interested parties who may submit comments.  G/ADP/N/1/LBR/1  
 
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  Section 7 - Final Provisions  
Article 66:  
This Regulation  shall be published  by the Commission  in the  official  journal  of the community 
within thirty (30) days of its signature by the President of the Council of Ministers. It shall equally 
be published by each member state in her  official  journal  thirty (30) days after notification by 
the Commission.  
 
DONE AT ABIDJAN THIS 21ST DAY OF JUNE 2013  
H.E. CHARLES KOFFI DIBY  
CHAIRMAN  
FOR COUNCIL  
__________