WORLD TRADE  
ORGANIZATION  TN/RL/W/238 
18 June 2009 
 (09-2994) 
Negotiating Group on Rules  
  
 
POSSIBLE TRANSPOSITION OF TEXTS ON ANTI-DUMPING 
AND COUNTERVAILING MEASURES 
 
  The provisions of the Agreements on Anti-Dumping (AD Agreement) and on Subsidies and 
Countervailing Measures (SCM Agreement) contain many parallel provisions, particularly with 
respect to the investigative process a nd with respect to injury determin ations.  Our negotiations to date 
have tended to focus on these issues in the context of the AD Agreement, and my draft Chair texts have to date contained pr oposed changes in these areas  only in that Agreement. 
 
 As I noted in the cover note to my first Chair Texts in December 2007 (TN/RL/W/213), 
however, "since the beginning of these negotiations , there has been a broad acceptance that the 
changes to the anti-dumping rules should, where releva nt and appropriate, also be made to the rules 
regarding countervailing measures, and that is also my  intention.  I have not in these texts transposed 
the draft revisions in the anti-dumping rules into  the countervail context . . . . because such a 
transposition will require further technical discussion." 
 
 At our May meeting, various delegations suggested that the Group begin such a technical 
discussion, and I have set aside a morning at our ne xt cluster (specifically Friday, 3 July in the 
morning) for that purpose.  I would like to emphasize that I intend this discussion to be exploratory and technical in  nature.  I am fully conscious th at few if any of the proposed changes to the AD 
Agreement found in my most recent draft Chair Text  can be considered to have attracted consensus 
support, and it must therefore be understood that the discussion is entirely without prejudice to any 
delegation's position on the acceptability of any pr oposed change to that Agreement.      
  In order to facilitate the discussion, I have asked the Secretariat to prepare the attached 
background document.  The document identifies rele vant provisions of the AD Chairman's text 
(TN/RL/W/236) in the left column and the counterpart  provision of the Chairman's text relating to CV 
in the right column.  Where there are differen ces in the underlying provisions of the existing 
Agreements, the document identifies those differe nces in grey shading (except where the only 
difference is a different cross-reference).  Wher e there is no counterpart CV provision, the right 
column so indicates.  I have adjusted formatting wh ere appropriate to facilitate the comparison.  For 
obvious reasons, I have not for the moment sought to address bracketed issues. 
  The preparation of this document highlighted fo r me the extent of the differences between AD 
and CV provisions in the existing Agreements.  I have asked the Secretariat to identify existing 
differences in provisions relating to  the same subject matter, and w ill be circulating a comparison 
document shortly.  Although there was a post-nego tiation process at the end of the Uruguay Round to 
consider possible harmonization of such differences, I think it would be useful for the Group to 
consider, with the benefit of nearly fifteen y ears of practical experience, whether the specific 
differences reflect the varied needs of differe nt instruments or might rather benefit from 
harmonization.  TN/RL/W/238 
Page 2  
 
   
ANNEX I 
 
Anti-Dumping Provision Counterpart CV Provision 
 
3.1 A determination of injury for purposes of 
Article VI of GATT 1994 shall be based on 
positive evidence and involve an objective examination of both (a) the volume of the 
dumped imports11 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.  
_______________ 
 
 11 For purposes of a determination of 
injury under this Article, imports attributable to 
any exporter or producer for which the authorities 
determine a margin of dumping of zero or de 
minimis  shall not be considered to be "dumped 
imports".  
  
15.1 A determination of injury for purposes of 
Article VI of GATT 1994 shall be based on 
positive evidence and involve an objective examination of both (a) the volume of the 
subsidized imports and the effect of the 
subsidized   imports on prices in the domestic 
market for like products53 and (b) the consequent 
impact of these imports on the domestic 
producers of such products. _______________  
 53 Footnote omitted. 
 
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.12 
In making a determination regarding the existence of a threat of material injury, the authorities shall consider the state of the domestic 
industry during the period of investigation, 
including an examination of the impact of 
dumped imports upon it in accordance with 
paragraph 4, in order to establish a background 
for the evaluation of threat of material injury.  In 
addition, 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 importation; 
 
(ii) sufficient freely disposable, or an 
imminent, substantial increase in, capacity of the exporter indicating the likelihood of 
substantially increased  
15.7 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 su bsidy would cause injury 
must be clearly foreseen and imminent. 
In making a determination  regarding the existence of a threat of material injury, the 
investigating authorities should consider, inter alia , such factors as:   
.............. 
 
 
(i) nature of the subsidy or subsidies 
in question and the trade effects 
likely to arise therefrom;   
 
(ii) a significant rate of increase of 
subsidized imports into the domestic market indicating the likelihood of substantially 
increased importation;   
 
(iii) sufficient freely disposable, or an 
imminent, substantial increase in, capacity of the exporter indicating the likelihood of 
substantially increased  TN/RL/W/238 
 Page 3 
 
 
  Anti-Dumping Provision Counterpart CV Provision 
dumped exports to the importing 
Member's market, taking into account available evidence 
concerning  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. 
 
_______________  
 12 One example, though not an exclusive 
one, is that there is c onvincing reason to believe 
that there will be, in the near future, substantially 
increased importation of the product at dumped 
prices. subsidized exports to the 
importing Member's market, taking into account the availability of other export markets to absorb any additional 
exports;   
 
(iv) 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 
 
(v) inventories of the product being 
investigated.   
 
 
 4.1 For the purposes of this Agreement, and 
except to the extent otherwise provided in 
Article 5.4, 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 related13 to 
the exporters or importers or are themselves 
importers of the allege dly dumped product, the 
term "domestic industry" may be interpreted as 
referring to the rest of the producers14 ; 
   
         (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  
16.1 For the purposes of this Agreement, the 
term "domestic industry" shall, except as 
provided in paragraph 2,  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  
 
when producers are related
54 to the exporters or 
importers or are themselves importers of the 
allegedly subsidized product or a like product 
from other countries, the term "domestic 
industry" may be interpreted as referring to the 
rest of the producers.  
16.2. 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 TN/RL/W/238 
Page 4  
 
  Anti-Dumping Provision Counterpart CV Provision 
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. _______________  
 13 Footnote omitted. 
 
 14  The reasons underlying any decision by the 
authorities to exclude from the domestic industry 
producers that are related to  the exporters or importers 
or are themselves importers of the allegedly dumped 
product shall be explained in the relevant public 
notices or separate reports required by Article 12.  
 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 
subsidized imports into such an isolated market 
and provided further that the subsidized imports 
are causing injury to the producers of all or almost all of the production within such market. _______________  
 54 Footnote omitted.    
  
 Art. 5.2(i):  
..................... 
 
(a) 
the identity of the applicant and the domestic 
industry by or on behalf of which the application 
is made and, where the applicant is itself a 
producer, a description of the volume and value 
of the domestic production of the like product by the applicant;
.  Where a wri tten 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) (b) the identity of those producers (or, to 
the extent this is not pr acticable in the case of 
fragmented industries, associations of domestic 
producers of the like product) supporting the 
application, and, to the extent possible, a 
descriptio n of the volume and value of domestic 
production of the like product accounted for by those 
such producers or associations of 
producers ;  and (c) the identity of all known 
domestic producers of the like product (or, to the 
extent this is not practicable in the case of a 
fragmented industry, associations of domestic 
producers of the like product) and the total 
volume and value of domestic production of the 
like product;   
Art. 11.2(i)  
...................... 
 
the identity of the applic ant 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;   TN/RL/W/238 
 Page 5 
 
 
  Anti-Dumping Provision Counterpart CV Provision 
 
Art. 5.2  
(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 
territory of the importing Member16; 
_______________ 
 
 16 Including the sources of the information 
provided and, where relevant, the method used to 
derive prices from that information.  
  
Article 11.2  
(iii) evidence with regard to the existence, 
amount and nature of the subsidy in question; 
 
 
5.3 The authorities shall examine the 
accuracy and adequacy of  the evidence provided 
in the application17 to determine whether there is 
sufficient evidence to justify the initiation of an 
investigation. 
_______________  
17 The authorities shall, in particular, consult 
sources readily available to them, such as trade 
associations, publications and public records, with a 
view to identifying any domestic producers of the like 
product not identified in the application.    
 
   
11.3 The authorities shall review the
accuracy and adequacy of  the evidence provided 
in the application to determine whether the 
evidence is sufficient 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
18 by domestic producers of 
the like product, that th e application has been 
made by or on behalf of the domestic industry.19 
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  
11.4 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
39 by domestic producers of 
the like product, that th e application has been 
made by or on behalf of the domestic industry.40 
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 TN/RL/W/238 
Page 6  
 
  Anti-Dumping Provision Counterpart CV Provision 
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.  For the purpose of this 
paragraph, the term "dom estic industry" shall be 
interpreted as referring to the domestic producers 
as a whole of the like product, subject to the 
application of Article 4.1(i) and 4.1(ii).  
_____________ 
 
 18 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.  
 
19 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. 
 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. 
 
  
 
______________  
 
39 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. 
 
 
40 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.  
 
 
5.5 The authorities shall avoid, unless a 
decision has been made to initiate an investigation, any publiciz ing of the application 
for the initiation of an investigation.  
   However, after receipt of a properly 
documented application and no later than 15 days 
before initiating before proceeding to initiate  an 
investigation, the authorities shall notify the 
government of the exporting Member concerned 
and shall provide it with the full text of the 
written application, paying due regard to the 
requirement for the protection of confidential 
information as provided for in paragraph 5 of 
Article 6 . 
  
11.5 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.  
13.1 As soon as possible after an application 
under Article 11 is accepted, and in any event 
before the initiation of any investigation, 
Members the products of which may be subject to 
such investigation shall be invited for 
consultations with the aim of clarifying the 
situation as to the matters referred to in 
paragraph 2 of Article 11 and arriving at a 
mutually agreed solution.  
 
 5.10bis Except where circumstances have 
changed, the authorities shall not initiate an 
investigation where a previous investigation of 
the same product from the same Member initiated 
pursuant to this Article resulted in a negative 
final determination within one year prior to the 
filing of the application.  If an investigation is 
initiated in such a case,  the authorities shall 
explain the change in circumstances which 
warrants initiation in the notice of initiation or 
separate report provided for in Article 12.1.   
No counterpart provision  TN/RL/W/238 
 Page 7 
 
 
  Anti-Dumping Provision Counterpart CV Provision 
 
6.1.1 new The authorities shall consult 
sources readily available to them, such as trade 
associations, publications and public records, 
with a view to identifying any exporters or 
foreign producers of the allegedly dumped 
product not identified in the application.  
  
No counterpart provision 
 6.1.1 Exporters or foreign producers receiving 
questionnaires used in an anti-dumping  investigation shall be given at least 30 days for reply.
20, 21  Due consideration should be  given to 
any request for an extension of the 30-day period 
and, upon cause shown, such an extension should be granted whenever practicable. _______________  
 20 It is desirable that the authorities not 
require certification of translations by official 
translators.  Where such certification is required, 
exporters or foreign producers shall be given an 
additional seven days for reply.   
 
 21 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 receive d one week from the date 
on which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the 
exporting Member or, in the case of a separate 
customs territory Member of  the WTO, an official 
representative of the exporting territory. 
  
12.1.1 Exporters, foreign producers or interested 
Members receiving questionnaires used in a 
countervailing duty investiga tion shall be given at 
least 30 days for reply.41  Due consideration 
should be given to any request for an extension of 
the 30-day period and, upon cause shown, such an extension should be granted whenever practicable. 
 
 
  
 
______________ 
 
 
41 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 receive d one week from the date 
on which it was sent to the respondent or transmitted 
to the appropriate diplomat ic representatives of the 
exporting Member or, in the case of a separate customs territory Member of  the WTO, an official 
representative of the exporting territory. 
 
 
 
6.1.1 bis Within a reasonable period of time after 
the receipt of the response to a questionnaire, the 
authorities shall make a preliminary analysis of 
that response.  Any requests for clarification or 
additional information shall be directed to the 
interested party concerned in writing and in 
sufficient time for the authorities to consider 
timely responses thereto.  
   
No counterpart provision 
 6.1.3 As 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
22 
and to the authorities of the exporting Member 
and shall make it available, upon request, to other  
12.1.3 As soon as an investigation has been initiated, the authorities shall provide the full text  of the written application received under paragraph 1 of Article 11 to the known 
exporters
42 and to the authorities of the exporting 
Member and shall make it available, upon TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
interested parties involved.  Due regard shall be 
paid to the requirement for the protection of 
confidential information, as provided for in paragraph 5.  
_______________ 
 
 22 It being understood that, where the number 
of exporters involved is particularly high, the full text 
of the written application should may instead be 
provided only to the authorities of the exporting 
Member or  to the relevant trade association, if any.  In 
such cases, the authorities shall so inform the 
government of the exporting Member . 
 request, to other  interested parties involved.  Due 
regard shall be paid to the protection of confidential information, as provided for in paragraph 4.  
_______________ 
 
 
42 It being understood that where the number 
of exporters involved is particularly high, the full text 
of the application should instead be provided only to 
the authorities of the exporting Member or to the 
relevant trade association who then should forward 
copies to the exporters concerned. 
 
 
6.4 The authorities shall whenever 
practicable  provide timely  opportunities for all 
interested parties to see promptly all information 
that is relevant to the presentation of their cases, 
that is non t confidential information as defined 
in paragraph  5, and that is used by submitted to 
or obtained by the authorities in an anti-dumping 
investigation, and to prepare presentations on the 
basis of this information.  
12.3 The authorities shall whenever 
practicable provide timely opportunities for all 
interested Members and interested parties to see 
all information that is relevant to the presentation of their cases, that is not confidential as defined in paragraph 4, and that is used by the authorities 
in a countervailing duty investigation, and to 
prepare presentations on the basis of this 
information.  
 6.4bis The authorities shall maintain a file 
containing all non-confidential documents 
submitted to or obtained by the authorities in an 
anti-dumping proceeding, including non-
confidential summaries of confidential 
documents and any explanations provided 
pursuant to Article 6.5.1 as to why 
summarization is not possible, and shall allow 
interested parties to review and copy the 
documents in that file upon request.  Access to 
this file shall be provided promptly, and, where 
the proceeding is ongoing or is subject to judicial, 
arbitral or administrative review, within two 
working days of a request.  The non-confidential 
file shall be kept in an organized manner, and a 
complete index of all documents in the 
possession of the authorities, including 
confidential documents, shall be included therein.  
Each file shall include all public notices related to 
that proceeding issued pursuant to Article 12, as 
well as separate reports issued pursuant to 
footnote 37 to that Article.  Each file shall be 
maintained so long as the measure to which it 
relates remains in force.  The authorities shall 
provide for the copying of documents in the non- 
No counterpart provision  TN/RL/W/238 
 Page 9 
 
 
  Anti-Dumping Provision Counterpart CV Provision 
confidential file at the reasonable expense of the 
person so requesting, or shall allow, subject to 
reasonable safeguards, that person to remove the 
documents for copying elsewhere.23   
_________________ 
 
 23 The requirements of this paragraph may be 
met by making such non-confidential documents and 
indices available via the internet.  
 
 
6.5.1 The authorities shall require interested parties providing confidential information to furnish non-confidential versions of the 
document containing the confidential information 
within three working days of submitting the 
original document. summaries there of.  The non-
confidential version shall be identical to the 
version containing the confidential information, 
except that the confidential information shall be 
removed and replaced by a summary of that 
information 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 providing 
confidential information 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. 
  
12.4.1 The authorities shall require interested 
Members or 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 Members or 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. 
 
 
 
6.7 In order to verify information provided or 
to obtain further details, the authorities may carry out investigations in the territory of other 
Members as required, provided they obtain the 
agreement of the firms concerned and notify the 
representatives of the government of the Member 
in question, and unless that Member objects to 
the investigation.  The procedures described in 
Annex I shall apply to investigations carried out 
in the territory of other Members.  Subject to the 
requirement to protect confidential information, 
the authorities shall make the results of any such 
investigations available, or shall provide 
disclosure thereof pursuant to paragraph  9, to the 
firms to which they pertain and may make such 
results available to the applicants.  
   
12.6 The investigating authorities may carry 
out investigations in the territory of other 
Members as required, provided that they have 
notified in good time the Member in question and 
unless that Member objects to the investigation.  
Further, the investigating authorities may carry 
out investigations on the premises of a firm and 
may examine the records of a firm if (a) the firm 
so agrees and (b) the Member in question is 
notified and does not object.  The procedures set 
forth in Annex VI shall apply to investigations on 
the premises of a firm.  Subject to the 
requirement to protect confidential information, the authorities shall make the results of any such investigations available, or shall provide 
disclosure thereof pursuant to paragraph 8, to the 
firms to which they pertain and may make such results available to the applicants. TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
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 dete rminations, 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. 
 12.7 In cases in which any interested Member 
or 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, affirmativ e or negative, may be 
made on the basis of the facts available.  
 6.9 The authorities shall, before a final determination is made, inform 
provide all 
interested parties with a written report of the 
essential facts under consideration which they 
intend will form the basis for the decision 
whether to apply definitive measures.  Interested 
parties shall have 20 days to respond to this 
report and the authorities shall address such  
responses in their final determination.26Such 
disclosure should take place in sufficient time for 
the parties to defend their interests.  
_______________  
 26This disclosure shall be made within 
sufficient time to allow an exporter to offer an 
undertaking in response . 
  
12.8 The authorities shall, before a final 
determination is made, inform all interested 
Members and 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. 
 
 6.9bis The authorities shall, normally within 
seven days after giving public notice of a final 
determination under Article 12.2, disclose to each 
exporter or producer for whom an individual rate 
of duty has been determined the calculations used 
to determine the margin of dumping for that 
exporter or producer.27  The authorities shall 
provide to the exporter or producer the 
calculations, either in electronic format (such as a 
computer programme or spreadsheet) or in 
another appropriate medium, a detailed 
explanation of the information used, the sources 
of that information and any adjustments made to 
the information prior to its use in the calculations.  
The disclosure and explanation shall be in 
sufficient detail to permit the interested party to 
reproduce the calculations without undue 
difficulty.  
 _______________ 
 
 27 This requirement is satisfied where the 
authorities make such a disclosure pursuant to Article 
6.9 before the final determination is made.    
No counterpart provision  TN/RL/W/238 
 Page 11 
 
 
  Anti-Dumping Provision Counterpart CV Provision 
 
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 statistic ally 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.  
6.10.1 Any selection of exporters, producers, 
importers or types of products made under this paragraph shall preferably 
be chosen in 
consultation with,  and preferably with the consent 
of, the exporters, producers or importers 
concerned. 
 6.10.2 In 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.  
6.10.3 Where the authorities limit their 
examination pursuant to this paragraph, they shall 
explain, in their public notices or separate reports 
pursuant to Article 12, the basis for their 
conclusion that it was impracticable to determine 
an individual margin of dumping for each known 
exporter or producer, the reasons for the specific 
selection made and the reasons why an individual 
margin was not determined for any exporter or 
producer not initially selected who submitted the 
necessary information in time for that 
information to be considered during the course of 
the investigation.  
  
No counterpart provision TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
 
6.13 The authorities shall take due account of any difficulties experienced by interested parties, in particular small companies, in supplying information requested, and shall provide any 
assistance practicable, including by responding in 
a timely manner to requests for clarification of 
questionnaires . 
  
12.11 The authorities shall take due account of any difficulties experienced by interested parties, in particular small companies, in supplying information requested, and shall provide any 
assistance practicable. 
  
 7.1 Provisional measures may be applied only if:  
(i) an investigation has been initiated in accordance with the provisions of Article 5 and
, a 
public notice has been given to that effect; and   
 
(ii) interested parties have been given 
adequate opportunities to submit information, 
including responses to questionnaires sent in 
accordance with Article 6.1.1,  and make 
comments;  
 
(iii) a detailed preliminary affirmative 
determination has been made of dumping and 
consequent injury to a domestic industry taking 
into account any responses to questionnaires and 
any other relevant in formation submitted by  
interested parties ; and 
 
(iiiiv) the authorities concerned judge such 
measures necessary to prevent injury being caused during the investigation.   
17.1 Provisional measures may be applied only if:    
(a) an investigation has been initiated in accordance with the provisions of Article 11,  a public notice has been given to that effect and 
interested Members and interested parties have been given adequate opportunities to submit 
information and make comments;    
    
(b) a preliminary affirmative determination 
has been made that a subsidy exists and that there 
is injury to a domestic industry caused by 
subsidized imports;  and  
 
 
(c) the authorities concerned judge such measures necessary to prevent injury being caused during the investigation.    
 
8.2 Price undertakings shall not be sought or 
accepted from exporters unless the authorities of the importing Member have made a preliminary 
affirmative determinati on of dumping and injury 
caused by such dumping or, if no affirmative 
preliminary determination is made, until the 
authorities have made disclosure pursuant to 
paragraph 9 of Article 6.  The authorities shall 
inform exporters of their right to offer 
undertakings and shall allow them an adequate 
opportunity to do so . 
  
18.2 Undertakings shall not be sought or 
accepted unless the authorities of the importing 
Member  have made a preliminary affirmative 
determination of subsidization and injury caused 
by such subsidization and, in case of 
undertakings from exporters, have obtained the 
consent of the exporting Member.  
 
 
 8.3  Undertakings offered need not be 
accepted if the authorities consider their 
acceptance impractical, for example, if the  
18.3 Undertakings offered need not be 
accepted if the authorities of the importing 
Member consider their acceptance impractical,  TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
number of actual or potential exporters is too 
great, or for other reasons, including reasons of general policy.  Shou
ld the case arise and where 
practicable, t 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.  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.  
 8.6 Authorities of an importing Member may require any exporter from whom an undertaking 
has been accepted to provide periodically 
information relevant to the fulfilment of such an undertaking and to permit verification of pertinent data.  In case of material 
violation of an 
undertaking, the authorities of the importing 
Member 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.
29  In such cases, definitive 
duties may be levied in accordance with this 
Agreement on products entered for consumption not more than 90 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. 
_______________ 
 
 29 Without prejudice to the right to take 
expeditious actions, the authorities shall inform the 
exporter if they consider that  there has been a material 
violation of the undertaking, and shall provide the 
exporter an opportunity to comment.   
  
18.6 Authorities of an importing Member may 
require any government or exporter from whom 
an  undertaking has been accepted to provide 
periodically information relevant to the fulfilment 
of such an undertaking, and to permit verification of pertinent data.   In case of violation of an undertaking, the  authorities of the importing 
Member 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 products entered for consumption not more than 90 days before the application of such provisional  measure s, except that any such 
retroactive assessment shall not apply to imports entered before the violation of the undertaking. 
 
 
9.3 The amount of the anti-dumping duty 
shall not exceed the margin of dumping as 
established under Article 2.  In this regard, each 
Member shall establish procedures30 to ensure a 
prompt refund, upon request, where the amount  
collected exceeds the actual margin of dumping.31 
In this respect, the following subparagraphs shall 
apply.  
  
19.4 No countervailing duty shall be levied57 
on any imported product in excess of the amount 
of the subsidy found to ex ist, calculated in terms 
of subsidization per unit of the subsidized and 
exported product. 
 _______________  
 57 footnote omitted. 
 
_______________  
 30 These procedures shall be set forth in the 
Member's laws, regulations or published     TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
administrative procedures and shall be notified to the 
Committee pursuant to Article 18.5.  
 31 The actual dumping margin determined by 
the authorities shall be based on the relevant updated 
normal value and export price.  
 
 
9.3.1 When 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 the anti-dumping duty has been made.
32  Any refund shall be made promptly and 
normally in not more than 90 days following the 
determination of final lia bility 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. ______________ 
 
 32 It is understood that the observance of the 
time-limits mentioned in this subparagraph and in 
subparagraph 3.2 may not be possible where the 
product in question is subject to judicial review proceedings. 
 
9.3.2 When 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, or by 
an exporter on behalf of, and in association with, 
one or more importers .  The refund authorized 
should normally be made within 90 days of the above-noted  decision. 
 
9.3.3 In 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 in costs incurred between importation and resale, and any movement in the resale price  
    
 
No counterpart provision  TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
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. 
 
9.3.4 In the event that monies paid or deposited 
are refunded pursuant to this paragraph, the 
authorities shall pay a reasonable amount of 
interest on the monies refunded.  
 
 
 
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 (a) 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, and (b) they 
have engaged in one or more bona fide  sales in 
commercial quantities into the importing Member 
(as evidenced by shipments of the product or by a 
contract for sale pursuant to which such 
shipments will occur within six months of the 
date upon which the contract was concluded) . 
 9.5.1 A decision whether or not to initiate a 
review under this paragra ph shall be taken within 
three months of the lodging of a written request, 
during which period the authorities may take such 
steps as they deem appropriate to verify the 
accuracy and adequacy of the information 
contained in the request.  The applicant and the 
domestic industry shall be advised of the 
initiation of any review and a public notice of the 
initiation shall also be made.  If the authorities 
decide not to initiate a review, they shall provide 
the applicant with a written statement of the 
reasons underlying that decision.  
 
9.5.2   The Such a review shall be initiated and 
carried out on an accelerated basis, compared to normal duty assessment and review proceedings in the importing Member, and shall in any event 
be concluded within nine  months of its initiation .   
19.3 ...........  Any exporter whose exports are 
subject to a definitive countervailing duty but 
who was not actually investigated for reasons 
other than a refusal to  cooperate, shall be entitled 
to an expedited review in order that the 
investigating authorities promptly establish an 
individual countervailing duty rate for that 
exporter. 
 TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
 
9.5.3 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.  Upon collection of any such duties due, 
the authority shall promptly release any guarantee 
or bond.  
 
 10.8bis In the event that monies paid or deposited 
are refunded pursuant to paragraphs 3 or 5 of this 
Article, the authorities shall pay a reasonable 
amount of interest on the monies refunded.  
  
No counterpart provision 
 11.2 The authorities shall review the need for the continued imposition of the duty, or for a 
modification of the level of the duty33, 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.34   
 
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.  Interested parties may also 
request a modification in the level of the duty.   If, 
as a result of the review under this paragraph, the authorities determine that there has been a change 
in circumstances of a lasting nature35 since the 
original investigation or the last review under 
Article 11.2 or 11.3, such that  the anti-dumping 
duty is no longer warranted or the level of the 
duty applicable to one or more exporters is no 
longer appropriate, the duty , it shall be terminated 
immediately or its level modified . 
 _______________  
 33 Where the anti-dumping duty imposed 
takes the form of a prosp ective normal value, this  
21.2 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 countervailing duty, upon request by any interested party which submits positive  information substantiating the need for a review.  
 
Interested parties shall have the right to request the authorities to examine whether the continued imposition of the duty is necessary to offset 
subsidization, 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 
countervailing duty is no longer warranted, it shall be terminated immediately.  
  TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
requirement relates to the modification of the 
prospective normal value.  
 34 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.  However, a 
determination made pursuant to that paragraph is 
relevant evidence which may be considered when 
deciding whether the initiation of a review to examine 
the possible modification of the level of a duty under 
this Article is warranted.  
 35 In determining whether there has been a 
change of circumstances of a lasting nature, the 
authorities may take  into account, inter alia , the 
impact of the existing duty and the possible 
consequences if that du ty were terminated or 
modified.  
 
 
12.1.1 A public notice of the initiation of an 
investigation shall contain, or otherwise make available through a separate report
37, adequate 
information on the following:  
(i) a description of the product under 
consideration, including its tariff classification 
for customs purposes, the name of the exporting 
country or countries,  and, to the extent already 
known to the authorities,  the names of the 
exporters and foreign producers of the 
productproduct involved ; 
 (ii) the domestic like product and the 
domestic industry, including whether any 
domestic producers were excluded from the 
domestic industry, and the names of the applicant 
and of the domestic producers of the like product  
(or, if relevant, associations of producers) 
supporting the application and of other domestic 
producers of the like product insofar as they are 
known to the investigating authorities;  
 (iii) the procedural background of the 
investigation, including the date on which the 
application was received and the date of initiation 
of the investigation; 
 
(ivii) the basis on which dumping is alleged in 
the application; 
 (i
v) a summary of the factors on which the 
allegation of injury is based; 
  
22.2 A public notice of the initiation of an 
investigation shall contain, or otherwise make available through a separate report
59, 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) a description of the subsidy practice or 
practices to be investigated; 
 (iv) a summary of the factors on which the  
allegation of injury is based; 
 TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
(vi) whether the authorities may consider 
limiting their examination in accordance with 
paragraph 10 of Article 6 and any procedures in 
that respect;  and  
 
(vii) next steps in the process, including the 
time limits allowed to interested parties for 
making their views known, other indicative time 
frames, periods of data collection and a contact to 
whom the address to which  representations by 
interested parties should be directed; 
 
(vi) the time -limits allowed to interested 
parties for making their views known . 
  
______________ 
 
 37 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. 
 
  
    
(v) the address to which representations by 
interested Members and interested parties should 
be directed;  and  
   
 
(vi) the time-limits allowed to interested 
Members and interested parties for making their 
views known.  
_______________ 
 
59 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. 
 
 
12.2.1 A public notice of the imposition of provisional measures shall set forth, or otherwise make available through a separate report, sufficiently detailed explanations of the analysis 
underlying 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 under 
consideration, including its tariff classification 
whic h is sufficient for customs purposes, the 
name of the exporting country or countries, and 
the names of the known exporters and foreign 
producers of the product under consideration ; 
 (ii) information concerning the domestic like 
product and the domestic industry, including the 
names of all known domestic producers of the 
like product;   
22.4 A 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 the existence of a 
subsidy and injury and sh all 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;   
 
     
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  Anti-Dumping Provision Counterpart CV Provision 
 
(iii) the periods of data collection for both the 
preliminary dumping and preliminary injury 
analysis;  
 
(ivii) the margins of dumping established and 
information concerning the calculation of the 
margins of dumping, including an a full  
explanation of the basis upon which normal 
values were established (sales in the home 
market, sales to a third market or constructed 
normal value), the basis upon which export prices 
were established (including, if appropriate, the 
adjustments related to th e construction of export 
price), and reasons for the methodology used in 
the establishment and comparison of normal 
values and the export prices  (including any 
adjustments made to reflect differences affecting 
price comparability) and the normal value under 
Article  2; 
 
(iv) considerations  information  relevant to the 
injury determination as set out in Article 3, 
including information concerning the domestic 
market for the subject imports and the like 
product, the volume and the price effects of the 
subject  imports, the consequent impact of the 
subject imports on the domestic industry and, if 
relevant, the factors leading to a conclusion of 
threat of material injury or material retardation of 
the establishment of a domestic industry ; 
 
(vi) information concerning any use of full or 
partial facts available, including, where 
applicable, the reasons why information 
submitted by a party was rejected;  
 
(vii) information concerning the on-the-spot 
verification of information used by the 
authorities, if undertaken;  
 
(viii) information on any provisional measures 
being imposed, including the form, level, and 
duration of such measures; and  
 (ix) information concerning next steps in the 
process, and related time frames, and information 
concerning a contact to whom representations by 
interested parties should be directed (v) the main 
reasons leading to the determination . 
  
    
(iii) the amount of subsidy established and the 
basis on which the existence of a subsidy has 
been determined;    
 
    
 
    
(iv) considerations relevant to the injury 
determination as set out in Article 15;     
 
    
 
    
 
    
 
  (v) the main reasons leading to the determination.  TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
 
12.2.2 A 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.  In particular, the notice or report shall contain the information described in 
subparagraph 2.1, to the extent applicable, as well 
as the reasons for the acceptance or rejection of 
relevant arguments or claims made by the 
exporters, foreign producers  and importers, and 
the basis for any decision made under 
subparagraph  10.2 of Article  6. 
  
22.5 A 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 an 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 an undertaking, due regard being paid to the 
requirement for the protection of confidential 
information.  In particular, the notice or report shall contain the information described in 
paragraph 4, as well as the reasons for the acceptance or rejection of relevant arguments or 
claims made by interested Members and by the exporters and importers.  
 12.3 The provisions of this Article shall apply 
mutatis mutandis  to proceedings conducted 
pursuant to Articles 9.3 and 9.5,  to decisions 
under Article 10 to apply duties retroactively and 
to the initiation and completion of reviews 
pursuant to Article 11 and to decisions under 
Article  10 to apply duties retroa ctively . 
  
22.7 The provisions of this Article shall apply 
mutatis mutandis  to the initiation and completion 
of reviews pursuant to Article 21 and to decisions under Article 20 to apply duties retroactively.  
 
16.4 Members shall report without delay to 
the Committee all preliminary or final 
anti-dumping actions taken.  Such reports shall be 
available in the Secretariat for inspection by other Members.  Members shall also submit, on a 
semi-annual basis, reports of any anti-dumping actions taken within the preceding six months, 
and a list of definitive measures in force as of the 
end of that period .  The semi-annual reports shall 
be submitted on an agreed standard form. 
  
25.11 Members shall report without delay to 
the Committee all preliminary or final actions 
taken with respect to countervailing duties.  Such 
reports shall be available in the Secretariat for inspection by other Members.  Members shall 
also submit, on a semi-annual basis, reports on 
any countervailing duty actions taken within the preceding six months.  The semi-annual reports shall be submitted on an agreed standard form.  
 
18.3bis The results of the DDA shall apply to 
investigations, and review s of existing measures 
pursuant to Articles 9.3, 9.5, and 11, initiated 
pursuant to applications which have been made 
on or after the date of entry into force of those 
results or, where an investigation or review is 
initiated by the authorities without those 
authorities having received an application, the  
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  Anti-Dumping Provision Counterpart CV Provision 
investigation or review was initiated on or after 
the date of entry into force of those results.  
 
 
18.6 The Committee shall review annually the implementation and operati on of this Agreement 
taking into account the objectives thereof.  The 
Committee shall inform annually the Council for 
Trade in Goods of developments during the period covered by such reviews.  In addition, the 
Committee shall review the anti-dumping policy 
and practices of individual Members according to 
the schedule and procedures set forth in 
Annex III.  
 32.7 The Committee shall review annually the 
implementation and operati on of this Agreement, 
taking into account the objectives thereof.  The 
Committee shall inform annually the Council for 
Trade in Goods of developments during the period covered by such reviews.   
 
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 Member and the firms known to be concerned should 
shall 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 Member shall
should  
be so informed.  Such non-governmental experts shall
should  be subject to effective sanctions for 
breach of confidentiality requirements. 
 
3. It shall should be standard practice to 
obtain explicit agreement of the firms concerned in the exporting Member before the visit is finally scheduled.  
4. As soon as the agreement of the firms 
concerned has been obtained, the investigating authorities shall
should  notify the authorities of 
the exporting Member of the names and addresses of the firms to be visited and the dates 
agreed. 
 5. Sufficient advance notice shall
should  be 
given to the firms in question before the visit is made.  To afford the firms adequate opportunity  
ANNEX VI 
 
PROCEDURES FOR ON-THE-SPOT 
INVESTIGATIONS PURSUANT TO 
PARAGRAPH 6 OF ARTICLE 12 
 1. Upon initiation of an investigation, the authorities of the exporting Member 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 Member 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 Member 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 Member 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.  TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
to prepare for on-the-spot investigations, the 
investigating authorities shall provide each firm 
at least 14 days advance notice of the dates on 
which the authorities expect to conduct any on-
the-spot investigation of  the information provided 
by that firm.39 
 
6. Visits to explain the questionnaire should
may only be made at the request of an 
exporting firm. Such a visit may only be made if (a) the authorities of the importing Member 
notify the representatives of the Member in 
question and (b) 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 shall 
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 Member is informed by the investigating authorities of the anticipated visit and does not object to it.
 
 
7bis No less than 10 days prior to each on-the-
spot investigation, the investigating authorities 
shall provide to the firm a document that sets 
forth the topics the firm should be prepared to 
address during the on-the-s pot investigation, and 
describes the types of supporting documentation 
that shall be made available for review. ;  further, 
it should be standard practice prior to the visit to 
advise the firms concerned of the general nature 
of the information to be verified and  of any 
further information which needs to be provided, 
though tThis shall 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 Members 
and essential to a successful on-the-spot investigation shall
should , whenever possible, be 
answered before the visit is made.  
9. The investigating authorities shall 
disclose in the form of a written report their 
factual findings resulting from the on-the-spot  
    
 
 6. Visits to explain the questionnaire should only be made at the request  of an exporting firm.  
In case of such a request the investigating 
authorities may place themselves at the disposal 
of the firm; such a visit may only be made if (a) 
the authorities of the importing Member notify 
the representatives of the government of the Member in question and (b) 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 Member 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 of 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 Members and essential to a successful on-the-spot investigation should, whenever possible, be answered before the visit is made.   TN/RL/W/238 
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  Anti-Dumping Provision Counterpart CV Provision 
investigation.  In addition to the factual findings, 
the report shall describe the methods and 
procedures followed in carrying out the on-the-
spot investigation.  The report shall be made 
available to all interested parties in sufficient time 
for the parties to defend their interests, subject to 
the requirement to protect confidential 
information.  
 _______________
 
 39 This does not prevent the authorities from 
adjusting the date, where necessary in light of 
developments in the investigation, and after 
consultation with the firm concerned.  
 
 
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 
shall specify in detail the information 
required from any interested party, and the 
manner in which that information should be 
structured by the interested  party in its response.  
The authorities shall should  also ensure that the 
party is aware that if information is not supplied within a reasonable time, the authorities will be 
free to may make determinations on the basis of 
the facts available, including those contained in 
the application 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 shallshould
 consider the 
reasonable ability of the interested party to 
respond in the preferred medium or computer 
language, and shall should not request the party 
to use for its response a computer system other than that used by the party.  The authority
ies 
should shall  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 
shall  not  
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  Anti-Dumping Provision Counterpart CV Provision 
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
40, which is supplied in a timely 
fashion, and, where applicable, which is supplied in a medium or computer language requested by the authorities, should
 shall 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, the failure to respond in the preferred medium or computer language should
 shall  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
 shall  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
 shall  
not justify the authorities from disregarding it, provided the interested part y has acted to the best 
of its ability. 
 
6. If evidence or information is not accepted, the supplying party should
 shall  be 
informed forthwith of the reasons therefor, and should
 shall  have an opportunity to submit 
further evidence or information, or to provide 
further explanations,  within a reasonable period, 
due account being taken of the time-limits of the 
investigation41.  If the further evidence or 
information submitted, or the  explanations 
provided, are considered by the authorities as not 
being satisfactory, the authorities shall inform the 
interested party concerned of the reasons for the 
rejection of such the evidence or information and  TN/RL/W/238 
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should shall set forth such reasons be given  in 
any published determinations.  7. If the authorities have to base their findings, including those with respect to normal 
value, on  information from a secondary source, 
including the information supplied in the application for the initiation of the investigation, they should
 shall  do so with special 
circumspection.  In such cases, the authorities should
 shall , where practicable, check the 
information from other independent sources at 
their disposal or reasonably available to them , 
such as published price lists, official import statistics and customs returns, and from the information obtained from other interested parties 
during the investigation
42.  It is clear, however, 
that if an interested party does not cooperate 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 cooperate. 
_______________ 
 
40 Submitted information cannot be used 
without undue difficulties if, inter alia , an assessment 
of the accuracy or relevance of that information is 
dependent upon other information that has not been 
supplied or cannot be verified.    
41 Provided that the authorities need not 
consider any further evidence or information that is 
not submitted in time such that it can be verified 
during any on-site investigation conducted pursuant to 
Article 6.7.  
 42 The sources consulted shall be identified in 
the disclosure conducted pursuant to Article 6.9.  
 
 
ANNEX III  
 
PROCEDURES FOR THE REVIEW OF 
MEMBERS' ANTI-DUMPING POLICY AND 
PRACTICES PURSUANT TO ARTICLE 18.5  
 
1. The anti-dumping policy and practices of 
Members shall be subject to periodic review by 
the Committee.  
 
A. Objectives  
 
2. The purpose of the review is to contribute 
to the transparency and understanding of  
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  Anti-Dumping Provision Counterpart CV Provision 
Members' policies and practices in respect of 
anti-dumping.  The review is not intended to 
serve as the basis for enforcement of specific 
obligations under this Agreement or for dispute 
settlement procedures, or to impose new policy 
commitments on Members.  
 
B. Procedures for Review  
 
3. The review shall be conducted on the 
basis of the following documentation:  
 
(a) a factual report, to be drawn up by the 
Secretariat on its own responsibility;  and  
 (b) if the Member under review so wishes, a 
report supplied by that Member.  
 4. The factual report by the Secretariat shall 
be based on the information available to it and 
that provided by the Member under review.  The 
Secretariat should seek clarification from such 
Member regarding its anti-dumping policies and  
practices making use of the indicative checklist 
identified in paragraph 8 of this Annex.  The 
Member under review shall provide the 
information requested for the preparation of the 
report, and shall be provided with an opportunity 
to comment on the draft report prior to its 
circulation.    
 5. The first cycle of reviews shall begin 
three years after the date of entry into force of the 
results of the Doha Development Agenda.  
During the ensuing five years, the Committee 
shall review the anti-dumping policies and 
practices of the 20 Members with the most anti-
dumping measures in force as of the date of entry 
into force.43 
 6. The list of the Members to be reviewed 
during each subsequent five-year review period 
shall be established on the basis of the number of 
original investigations initiated during the most 
recent five-year period for which information is 
available.  The list shall include the 20 Members 
that initiated the most investigations pursuant to 
Article 5 during that period, as well as any 
additional Members that have initiated five or 
more original investigations during that period;  
provided, that the Committee may adjust the list  TN/RL/W/238 
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of Members to be reviewed and/or the cycle for 
review in light of subsequent developments and 
experience.  
 7. The Committee shall agree on the order 
of, and schedule for, the conduct of these 
reviews, taking into account the resource 
constraints of the Secretariat and of developing 
country Members.44 
 8. The factual report of the Secretariat shall 
describe in detail the anti-dumping policy and 
practices of the Member under review including, 
where relevant and applicable, with respect to the 
following matters:  
 
• institutional organization of the 
investigating authorities  
• statistics on proceedings carried-out  
• pre-initiation procedures and 
practices  
• determination of export price and 
normal value (and adjustments 
thereto)  
• details of comparison methods  
• calculation of dumping margin  
• details and methodology of analysis 
and determination of injury and 
causal link  
• application of a lesser duty  
• application of public interest 
considerations  
• level of co-operation obtained  
• use of facts available  
• procedural requirements  
• treatment of confidential information  
• practice with regard to on-the-spot 
verifications  
• duty collection and assessment 
system  
• acceptance of undertakings  
• review investigations (under 
Articles 9 and 11)  
• anti-circumvention procedures  
• judicial/administrative review  
 9. The report by the Secretariat and any 
report by the Member subject to review shall be 
circulated to the Members on an unrestricted 
basis, and shall be considered at a special meeting TN/RL/W/238 
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of the Committee convened for that purpose.  
 10. Members recognize the need to minimize 
the burden for governments that might arise from 
unnecessary duplication of work  pursuant to this 
procedure and the Trade Policy Review 
Mechanism.  
 
C. Developing Country Members  
 
11. The Secretariat shall make technical 
assistance available, on request of a developing 
country Member, to facilitate that Member's 
effective participation in the review.  The 
Secretariat shall also consult with the developing 
country Member subject to review and shall, 
where appropriate, include in its report to the 
Committee an assessment of that Member's 
broader technical assistance and resource needs 
with respect to anti-dumping.  
 
D. Appraisal of the Mechanism  
 
12. The Committee shall undertake an 
appraisal of the operation of these procedures 
upon completion of the first cycle of reviews.  
The Committee should seek to identify any 
changes which would enhance the operation of 
these procedures, and may, if appropriate, 
recommend that the Council for Trade in Goods 
submit to the Ministerial Conference any 
proposals for the amendment of these procedures 
necessary to effectuate such changes.   
 
_______________   
43 Least-developed country Members shall be 
subject to review pursuant to this Annex on a 
voluntary basis only.  
 44 In the event that the Committee fails to 
agree, the Director-General shall decide on the order 
of, and schedule for, the reviews.  
 
 
 
__________