WORLD TRADE  
ORGANIZATION  TN/RL/W/240 
2 July 2009 
 (09-3233) 
Negotiating Group on Rules  
  
 
DIFFERENCES BETWEEN THE ANTI -DUMPING AGREEMENT AND  
COUNTERPART PROVISIONS OF THE AGREEMENT ON SUBSIDIES AND 
COUNTERVAILING MEASURES 
 
 
 As foreshadowed in the document regard ing "Possible Transposition of Texts on Anti-
Dumping and Countervailing Measures" circulated last week (TN/RL/W/238), please find attached a comparison document identifying differences between the Anti-Dumping Agreement ("AD Agreement") and counterpart provisions of  the Agreement on Subsidies and Countervailing 
Measures ("SCM Agreement") relating to counter vailing measures.  Differences between the two 
texts are identified with grey shading.  In orde r to simplify this document, I have not shaded 
differences that flow inevitably from the position of  the provisions in a specific agreement, for 
example "dumped" v. "subsidized" or "anti-dumpi ng" v. "countervailing".  Nor have I identified 
differences in cross references.     As a review of the comparison document clearly shows, the differences between the two 
Agreements are numerous, and range from inconseque ntial to highly significant.  In some cases, the 
differences are no more than variances in the order or items in a list, or in punctuation, or in the use of 
an article.  In other cases, however, entire provisions  or annexes in the Anti-Dumping Agreement lack 
a counterpart in the SCM Agreement.  There are of  course many examples that fall in between these 
two extremes.   
 
 In circulating this document, I do not mean  to suggest that the AD and SCM Agreements 
should be harmonized in all respects.  There ma y well be instances where differences between the 
Agreements are the logical reflection of concep tual or practical differences between the two 
instruments.  However, I suspect that there are other instances in which the differences are rather 
accidental than intentional, and where Members might concluded that harmonization, or at least a 
greater degree of parallelism, might be desirable.  It is my hope that this document will facilitate 
reflection by Members on this issue.    TN/RL/W/240 
Page 2  
 
  Comparison Between Provisions of the ADA 
and the ASCM  
 
 
AD ASCM 
Article 1  
 
Principles  
 
 An anti-dumping measure shall be 
applied only under the circumstances provided 
for in Article VI of  GATT 1994 and pursuant to 
investigations initiated1 and conducted in 
accordance with the provisions of this 
Agreement.  The following provisions govern the 
application of Article VI of GATT 1994 in so far 
as action is taken under anti-dumping legislation 
or regulations. 
 Article 10  
 
Application of Article VI of GATT 199435 
 
 Members shall take all necessary steps to 
ensure that the imposition of a countervailing 
duty36 on any product of the territory of any 
Member imported into the territory of another 
Member is in accordance with the provisions of 
Article VI of GATT 1994 and the terms of this 
Agreement.  Countervailing duties may only be 
imposed pursuant to investigations initiated37 and 
conducted in accordance with the provisions of 
this Agreement and the Agreement on 
Agriculture. 
 
_______________   
 
   
  1  The term "initiated" as used in this 
Agreement means the procedural action by which a 
Member formally commences  an investigation as 
provided in Article 5. 
 
  ______________ 
 35 Footnote omitted. 
 36 The term "countervailing duty" shall be 
understood to mean a special duty levied for the 
purpose of offsetting any subsidy bestowed directly or 
indirectly upon the manufacture, production or export 
of any merchandise, as provided for in paragraph 3 of Article VI of GATT 1994. 
 37 The term "initiated" as used hereinafter 
means procedural action by which a  Member formally 
commences an investigation as provided in Article 11. 
 
 
 
2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an 
intermediate country, the price at which the 
products are sold from the country of export to 
the importing Member shall normally be 
compared with the comparable price in the 
country of export.  However, comparison may be 
made with the price in the country of origin, if, 
for example, the products are merely transshipped 
through the country of export, or such products 
are not produced in the country of export, or there 
is no comparable price for them in the country of 
export.  11.8 In cases where products are not imported directly from the country of origin but are exported to the importing Member from an 
intermediate country, the provisions of this 
Agreement shall be fully applicable and the 
transaction or transactions shall, for the purposes 
of this Agreement, be regarded as having taken 
place between the country of origin and the 
importing Member. 
  TN/RL/W/240 
 Page 3 
 
 
  AD ASCM 
 
2.6 Throughout this Agreement the term "like product" ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under 
consideration, or in the absence of such a 
product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.  ______________ 
46 Throughout this Agreement the term "like product" 
("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to 
the product under consideration, or in the absence of 
such a product, another product which, although not 
alike in all respects, has characteristics closely 
resembling those of the product under consideration. 
 
Article 3  
Determination of Injury9 
_______________ 
 9 Under this Agreement the term "injury" 
shall, unless otherwise specified, be taken to mean 
material injury to a domestic industry, threat of 
material injury to a domestic industry or material retardation of the establishment of such an industry 
and shall be interpreted in accordance with the 
provisions of this Article. 
 Article 15  
Determination of Injury45 
_______________ 
 45 Under this Agreement the term "injury" 
shall, unless otherwise specified, be taken to mean 
material injury to a domestic industry, threat of 
material injury to a domestic industry or material retardation of the establishment of such an industry 
and shall be interpreted in accordance with the 
provisions of this Article. 
 
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 imports and the effect of the dumped imports on prices in the domestic market for like 
products, and (b) the consequent impact of these 
imports on domestic producers of such products. 
 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 products
46 and (b) the consequent 
impact of these imports on the domestic 
producers of such products. 
 
3.2 With regard to the volume of the dumped imports, the investigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms or relative to prod uction or consumption in 
the importing Member.   With regard to the effect 
of the dumped  imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price 
of a like product of the importing Member, or 
whether the effect of such imports is otherwise to depress prices to a significant degree  or prevent price increases, which otherwise would have occurred, to a significant degree.  No one or several of these factors can necessarily give 
decisive guidance. 
 15.2 With regard to the volume of the 
subsidized imports, the investigating authorities shall consider whether there has been a significant increase in subsidized imports, either in absolute terms or relative to production or 
consumption in the importing Member.   With 
regard to the effect of the subsidized imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the subsidized imports as 
compared with the price of a like product of the 
importing Member, or whether the effect of such imports is otherwise to depress prices to a 
significant degree or to prevent price increases, which otherwise would have occurred, to a significant degree.   No one or several of these 
factors can necessarily give decisive guidance.    
 TN/RL/W/240 
Page 4  
 
  AD ASCM 
3.3 Where imports of a product from more 
than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the 
margin of dumping established in relation to the 
imports from each country is more than de 
minimis   as defined in paragraph 8 of Article 5 
and the volume of imports from each country is not negligible and (b) a cumulative assessment of 
the effects of the imports is appropriate in light of 
the conditions of competition between the 
imported products and the conditions of 
competition between the imported products and 
the like domestic product.  15.3 Where imports of a product from more 
than one country are simultaneously subject to countervailing duty investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine 
that (a) the amount of subsidization established in 
relation to the imports from each country is more than de minimis  as defined in paragraph 9 of 
Article 11 and the volume of imports from each country is not negligible and (b) a cumulative 
assessment of the effects of the imports is 
appropriate in light of the conditions of 
competition between the imported products and 
the conditions of competition between the imported products and the like domestic product.  
3.4 The examination of the impact of the dumped imports on the domestic industry 
concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including 
actual and potential decline in sales, profits, 
output, market share, productivity, return on 
investments, or utilization of capacity;  factors 
affecting domestic prices;  the magnitude of the 
margin of dumping;  actu al and potential negative 
effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments.  This list is not exhaustive, nor can 
one or several of these factors necessarily give 
decisive guidance.  15.4 The examination of the impact of the 
subsidized imports on the domestic industry shall 
include an evaluation of all relevant economic 
factors and indices having a bearing on the state of the industry, including actual and potential 
decline in output, sales, market share, profits, 
productivity, return on  investments, or utilization 
of capacity;  factors affecting domestic prices;  
actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability 
to raise capital or investments and, in the case of 
agriculture, whether ther e has been an increased 
burden on government support programmes.  
This list is not exhaustive, nor can one or several 
of these factors necessarily give decisive guidance.  
3.5 It must be demonstrated that the dumped 
imports are, through the effects of dumping, as 
set forth in paragraphs 2 and 4, causing injury 
within the meaning of this Agreement.  The 
demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities.  The authorities shall also examine 
any known factors other than the dumped imports 
which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports.  Factors which may be relevant in this 
respect include,  inter alia , the volume and prices 
of imports not sold at dum ping prices, contraction 
in demand or changes in the patterns of consumption, trade restrictive practices of and 15.5 It must be demonstrated that the 
subsidized imports are, through the effects47 of 
subsidies,  causing injury within the meaning of 
this Agreement.  The demonstration of a causal 
relationship between the subsidized imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities.  The authorities shall also examine any known factors other than the 
subsidized imports which at the same time are 
injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the subsidized imports.  Factors which may be relevant in this respect include, 
inter alia , the volumes and prices of 
non-subsidized imports of the product in 
question, contraction in demand or changes in the 
patterns of consumption, trade restrictive  TN/RL/W/240 
 Page 5 
 
 
  AD ASCM 
competition between the foreign and domestic 
producers, developments in technology and the export performance and productivity of the domestic industry.  practices of and competition between the foreign 
and domestic producers, developments in technology and the export performance and productivity of the domestic industry. ______________ 
 47 As set forth in paragraphs 2 and 4. 
 
3.6 The effect of the dumped imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, 
producers' sales and profits.  If such separate 
identification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which 
includes the like product, for which the necessary 
information can be provided.  15.6 The effect of the subsidized imports shall 
be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, 
producers' sales and profits.  If such separate 
identification of that production is not possible, the effects of the subsidized imports shall be assessed by the examination of the production of the narrowest group or range of products, which 
includes the like product, for which the necessary 
information can be provided.  
3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility.  The change in circumstances which would create a 
situation in which the dumping would cause 
injury must be clearly foreseen and imminent.10 
In making a determination  regarding the existence of a threat of material injury, the authorities should consider, inter alia , such 
factors as: 
_______________ 
 10 One example, though not an exclusive one, 
is that there is convincing reason to believe that there 
will be, in the near future, substantially increased 
importation of the product at dumped prices. 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) 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 dumped exports to the importing Member's market, taking into account the 
availability of other export markets to absorb any 
additional exports;  (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 subsidized exports to the importing Member's market, taking into account the 
availability of other export markets to absorb any 
additional exports;    TN/RL/W/240 
Page 6  
 
  AD ASCM 
(iii) whether imports are entering at prices 
that will have a significant depressing or  suppressing effect on domestic prices, and would likely increase demand for further imports;  and (iv) inventories of the product being 
investigated. 
 No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and 
that, unless protective action is taken, material 
injury would occur.   (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.   
 No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further subsidized exports are imminent and 
that, unless protective action is taken, material 
injury would occur. 
3.8 With respect to cases where injury is 
threatened by dumped imports, the application of anti-dumping measures shall be considered and 
decided with special care. 
 15.8 With respect to cases where injury is 
threatened by subsidized imports, the application of countervailing measures  shall be considered 
and decided with special care. 
 
Article 4  
 
Definition of Domestic Industry  
 
4.1 For the purposes of this Agreement, the 
term "domestic industry" shall be interpreted as 
referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production 
of those products, except that:  
(i) when producers are related11 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 producers;  Article 16  
 
Definition of Domestic Industry  
 
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
48 to the exporters or importers or are 
themselves importers of th e 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. 
 
______________ 
 11 For the purpose of this paragraph, 
producers shall be deemed to be related to exporters or 
importers only if (a) one of them directly or indirectly 
controls the other;  or  (b) both of them are directly or 
indirectly controlled by a third person;  or (c) together 
they directly or indirectly control a third person, 
provided that there are grounds for believing or suspecting that the effect of the relationship is such as 
to cause the producer concerned to behave differently 
from non-related producers.  For the purpose of this paragraph, one shall be deemed to control another 
when the former is legally or operationally in a 
position to exercise restraint or direction over the latter. _______________ 
 48 For the purpose of this paragraph, 
producers shall be deemed to be related to exporters or 
importers only if (a) one of them directly or indirectly 
controls the other;  or (b) both of them are directly or 
indirectly controlled by a third person;  or (c) together 
they directly or indirectly control a third person, 
provided that there are grounds for believing or suspecting that the effect of the relationship is such as 
to cause the producer concerned to behave differently 
from non-related producers.  For the purpose of this paragraph, one shall be deemed to control another 
when the former is legally or operationally in a 
position to exercise restraint or direction over the latter.  TN/RL/W/240 
 Page 7 
 
 
  AD ASCM 
 (ii) in exceptional circumstances the territory 
of a Member may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the 
producers within such market sell all or almost all 
of their production of the product in question in that market, and (b) the demand in that market is 
not to any substantial degree supplied by producers of the product in question located elsewhere in the territory.  In such circumstances, 
injury may be found to exist even where a major 
portion of the total domestic industry is not injured, provided there is a concentration of dumped imports into such an isolated market and provided further that the dumped imports are 
causing injury to the producers of all or almost all 
of the production within such market.  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 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.  
4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, i.e. a market as defined in paragraph 1(ii), anti-dumping duties shall be 
levied
12 only on the products in question 
consigned for final consumption to that area.  When the constitutional law of the importing Member does not permit the levying of anti-dumping duties on such a basis, the 
importing Member may levy the anti-dumping 
duties without limitation only if (a) the exporters 
shall have been given an opportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not 
been promptly given, and (b) such duties cannot 
be levied only on products of specific producers which supply the area in question.  16.3 When the domestic industry has been 
interpreted as referring to the producers in a certain area,  i.e. a market as defined in paragraph 2, countervailing duties shall be levied 
only on the products in question consigned for 
final consumption to that area.   When the constitutional law of the importing Member does not permit the levying of countervailing duties on such a basis, the importing Member may levy the 
countervailing duties without limitation only if 
(a) the exporters shall have been given an 
opportunity to cease exporting at subsidized prices to the area concerned or otherwise give assurances pursuant to Article 18, and adequate assurances in this regard have not been promptly 
given, and  (b) such duties cannot be levied only 
on products of specific producers which supply the area in question.  
______________ 
 12 As used in this Agreement "levy" shall 
mean the definitive or final legal assessment or 
collection of a duty or tax. 
 ______________ 
 51 As used in this Agreement "levy" shall 
mean the definitive or final legal assessment or 
collection of a duty or tax. 
 
4.3 Where two or more countries have 
reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of 
integration that they have the characteristics of a 
single, unified market, the industry in the entire area of integration sha ll be taken to be the 
domestic industry referred to in paragraph 1. 
 16.4 Where two or more countries have 
reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of 
integration that they have the characteristics of a 
single, unified market, the industry in the entire area of integration sha ll be taken to be the 
domestic industry referred to in paragraphs 1 
and 2. 
 TN/RL/W/240 
Page 8  
 
  AD ASCM 
4.4 The provisions of paragraph 6 of 
Article 3 shall be applicable to this Article.  16.5 The provisions of paragraph 6 of Article 
15 shall be applicable to this Article.  
Article 5 
 
Initiation and Subsequent Investigation  
 Article 11 
 
Initiation and Subsequent Investigation  
 
5.1 Except as provided for in paragraph 6, an 
investigation to determine the existence, degree 
and effect of any alleged dumping shall be 
initiated upon a written application by or on behalf of the domestic industry.  11.1 Except as provided in paragraph 6, an 
investigation to determine the existence, degree 
and effect of any alleged subsidy shall be 
initiated upon a written application by or on behalf of the domestic industry.  
5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury 
within the meaning of Article VI of GATT 1994 
as interpreted by this Agreement and (c) a causal 
link between the dumped imports and the alleged injury.  Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient 
to meet the requirements of this paragraph.  The application shall contain such information as is 
reasonably available to the applicant on the 
following: 11.2 An application under paragraph 1 shall 
include sufficient evidence of the existence of 
(a) a subsidy and, if possible, its amount, 
(b) injury within the meaning of Article VI of 
GATT 1994 as interpreted by this Agreement, and (c) a causal link between the subsidized 
imports and the alleged injury.  Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of 
this paragraph.  The application shall contain 
such information as is reasonably available to the applicant on the following:  
(i) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the 
applicant.  Where a written application is made 
on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or 
associations of domestic producers of the like 
product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers; 
 (i) the identity of the applicant and a 
description of the volume and value of the domestic production of the like product by the 
applicant.  Where a written application is made 
on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or 
associations of domestic producers of the like 
product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers; 
 
(ii) a complete description of the allegedly dumped product, the names of the country or 
countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing 
the product in question;  (ii) a complete description of the allegedly 
subsidized product, the names of the country or 
countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing 
the product in question;   TN/RL/W/240 
 Page 9 
 
 
  AD ASCM 
(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 Member; 
 (iii) evidence with regard to the existence, 
amount and nature of the subsidy in question;  
(iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic 
industry, as demonstrated by relevant factors and 
indices having a bearing on the state of the domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.  (iv) evidence that alleged injury to a domestic 
industry is caused by subsidized imports through 
the effects of the subsidies;  this evidence 
includes information on the evolution of the volume of the allegedly subsidized imports, the 
effect of these imports on prices of the like 
product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the 
domestic industry, such as those listed in 
paragraphs 2 and 4 of Article 15.  
5.3 The authorities shall examine the accuracy and adequacy of  the evidence provided 
in the application to determine whether there is 
sufficient evidence to justify the initiation of an 
investigation. 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
13 by domestic producers of 
the like product, that th e application has been 
made by or on behalf of the domestic industry.14 
The application shall be considered to have been 
made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like 
product produced by that portion of the domestic 
industry expressing either support for or opposition to the application.  However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total 
production of the like product produced by the 
domestic industry. 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
38 by domestic producers of 
the like product, that th e application has been 
made by or on behalf of the domestic industry.39 
The application shall be considered to have been 
made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like 
product produced by that portion of the domestic 
industry expressing either support for or opposition to the application.  However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total 
production of the like product produced by the 
domestic industry. TN/RL/W/240 
Page 10  
 
  AD ASCM 
_______________ 
 13 In the case of fragmented industries 
involving an exceptionally large number of producers, 
authorities may determine support and opposition by 
using statistically valid sampling techniques.  
14 Members are aware that in the territory of 
certain Members employees of domestic producers of 
the like product or representatives of those employees may make or support an application for an 
investigation under paragraph 1.
 _______________ 
 38 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. 
 
39 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 before pr oceeding to initiate an 
investigation, the authorities shall notify the 
government of the exporting Member concerned. 
 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.  
5.6 If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry 
for the initiation of such investigation, they shall 
proceed only if they have sufficient evidence of 
dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation. 
 11.6 If, in special circumstances, the 
authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry 
for the initiation of such investigation, they shall 
proceed only if they have sufficient evidence of 
the existence of a subsidy, injury and causal link, as described in paragraph 2, to justify the initiation of an investigation. 
 
5.7 The evidence of both dumping and injury shall be considered simultaneously (a) in the 
decision whether or not to initiate an 
investigation, and (b) thereafter, during the 
course of the investigation, starting on a date not later than the earliest date on which in accordance 
with the provisions of this Agreement provisional 
measures may be applied.  11.7 The evidence of both subsidy and injury 
shall be considered simultaneously (a) in the 
decision whether or not to initiate an investigation and (b) thereafter, during the course 
of the investigation, starting on a date not later than the earliest date on which in accordance with 
the provisions of this Agreement provisional 
measures may be applied.  
5.8 An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify 
proceeding with the case.  There shall be 
immediate termination in cases where the 
authorities determine that the margin of dumping 
is  de minimis , or that the volume of dumped 
imports, actual or potential, or the injury, is 
negligible.  The margin of dumping shall be 
considered to be de minimis  if this margin is less 
than 2 per cent, expressed as a percentage of the 
export price.  The volume of dumped imports 11.9 An application under paragraph 1 shall 
be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either subsidization or of injury to 
justify proceeding with the case.  There shall be 
immediate termination  in cases where the 
amount of a subsidy is de minimis  , or where the 
volume of subsidized imports, actual or potential, 
or the injury, is negligib le.  For the purpose of 
this paragraph, the amount of the subsidy shall be 
considered to be de minimis  if the subsidy is less 
than 1 per cent ad valorem. 
  TN/RL/W/240 
 Page 11 
 
 
  AD ASCM 
shall normally be regarded as negligible if the 
volume of dumped imports from a particular 
country is found to account for less than 
3 per cent of imports  of the like product in the 
importing Member, unless countries which 
individually account for less than 3 per cent of 
the imports of the like product in the importing 
Member collectively account for more than 7 per 
cent of imports of the like product in the 
importing Member. 
 
5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance. 
 11.10 An investigation shall not hinder the 
procedures of customs clearance. 
 
5.10 Investigations shall, except in special 
circumstances, be concluded within one year, and in no case more than 18 months, after their initiation.  11.11 Investigations shall, except in special 
circumstances, be concluded within one year, and in no case more than 18 months, after their initiation.  
Article 6  
 
Evidence  
 
6.1 All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all 
evidence which they consider relevant in respect 
of the investigation in question.    Article 12  
 
Evidence  
 
12.1 Interested Members and all interested 
parties in a countervailing duty investigation shall be given notice of the information which the authorities require and ample opportunity to 
present in writing all evidence which they 
consider relevant in respect of the investigation in question.  
6.1.1 Exporters or foreign producers receiving questionnaires used in an anti-dumping  investigation shall be given at least 30 days for 
reply.
15  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.  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.
40  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. 
 
_______________ 
 15 As a general rule, the time-limit for 
exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be 
deemed to have been 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. 
 _______________ 
 40 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. 
 TN/RL/W/240 
Page 12  
 
  AD ASCM 
6.1.2 Subject to the requirement to protect 
confidential information, evidence presented in  writing by one interested party shall be made available promptly to other interested parties participating in the investigation. 
 12.1.2 Subject to the requirement to protect 
confidential information, evidence presented in 
writing by one interested Member or interested party shall be made available promptly to other 
interested Members or interested parties 
participating in the investigation. 
 
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
16 
and to the authorities of the exporting Member and shall make it available, upon request, to other 
interested parties involved.  Due regard shall be 
paid to the requirement for the protection of 
confidential information, as provided for in paragraph 5.  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
41 and to the authorities of the exporting 
Member and shall make it available, upon 
request, to other  interested parties involved.  Due 
regard shall be paid to the protection of confidential information, as provided for in paragraph 4.  
_______________ 
 16 It being understood that, where the number 
of exporters involved is particularly high, the full text 
of the written application should instead be provided only to the authorities of the exporting Member or to 
the relevant trade association. 
 _______________ 
 41 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. 
 
6.2 Throughout the anti-dumping 
investigation all interested parties shall have a 
full opportunity for the defence of their interests.  
To this end, the authorities shall, on request, 
provide opportunities for all interested parties to 
meet those parties with adverse interests, so that 
opposing views may be  presented and rebuttal 
arguments offered.  Provision of such 
opportunities must take account of the need to 
preserve confidentiality and of the convenience to 
the parties.  There shall be no obligation on any 
party to attend a meeting, and failure to do so 
shall not be prejudicial to that party's case.  
Interested parties shall also have the right, on 
justification, to present other information orally. 
 12.2. Interested Members and interested parties 
also shall have the right, upon justification, to 
present information orally.  Where such 
information is provided orally, the interested 
Members and interested parties subsequently 
shall be required to reduce such submissions to 
writing.  Any decision of the  investigating 
authorities can only be based on such information 
and arguments as were on the written record of 
this authority and which were available to 
interested Members and interested parties 
participating in the investigation, due account 
having been given to the need to protect 
confidential information.  
6.3 Oral information provided under paragraph 2 shall be taken into account by the authorities only in so far as it is subsequently 
reproduced in writing and ma de available to other 
interested parties, as provided for in subparagraph 1.2.    TN/RL/W/240 
 Page 13 
 
 
  AD ASCM 
6.4 The authorities shall whenever 
practicable provide timely opportunities for all interested parties to see all information that is relevant to the presentation of their cases, that is not confidential as defined in paragraph 5, and 
that is used by the authorities in an anti-dumping 
investigation, and to prepare presentations on the basis of this information.  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. 
6.5 Any information which is by nature confidential (for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have 
a significantly adverse effect upon a person 
supplying the information or upon a person from 
whom that person acquired the information), or which is provided on a confidential basis by parties to an investigation shall, upon good cause 
shown, be treated as such by the authorities.  
Such information shall not be disclosed without specific permission of the party submitting it.
17 
 12.4 Any information which is by nature 
confidential (for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have 
a significantly adverse effect upon a person 
supplying the information or upon a person from 
whom the  supplier acquired the information), or which is provided on a confidential basis by parties to an investigation shall, upon good cause 
shown, be treated as such by the authorities.  
Such information shall not be disclosed without specific permission of the party submitting it.
42    
 
_______________ 
 17 Members are aware that in the territory of 
certain Members disclosure pursuant to a narrowly-
drawn protective order may be required.  _______________ 
 42 Members are aware that in the territory of 
certain Members disclosure pursuant to a narrowly-
drawn protective order may be required.  
 
6.5.1 The authorities shall require interested 
parties providing confidential information to furnish non-confidential summaries thereof.  
These summaries shall be in sufficient detail to 
permit a reasonable understanding of the substance of the information submitted in confidence.  In exceptio nal circumstances, such 
parties may indicate that such information is not 
susceptible of summary.  In such exceptional 
circumstances, a statement of the reasons why summarization is not possible must be provided.  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.  
6.5.2 If the authorities find that a request for confidentiality is not warranted and if the  
supplier of the information is either unwilling to 
make the information public or to authorize its disclosure in generalized or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is 
correct.
18 
 12.4.2 If the authorities find that a request for 
confidentiality is not warra nted and if the supplier 
of the information is either unwilling to make the 
information public or to authorize its disclosure in generalized or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is 
correct.
43 
 TN/RL/W/240 
Page 14  
 
  AD ASCM 
_______________ 
 18 Members agree that requests for 
confidentiality should not be arbitrarily rejected.   
 _______________ 
 43 Members agree that requests for 
confidentiality should not be arbitrarily rejected.   
Members further agree that the investigating authority 
may request the waiving of confidentiality only 
regarding information relevant to the proceedings.  
6.6 Except in circumstances provided for in 
paragraph 8, the authorities shall during the 
course of an investigation satisfy themselves as to 
the accuracy of the information supplied by interested parties upon which their findings are based. 12.5 Except in circumstances provided for in 
paragraph 7, the authorities shall during the 
course of an investigation satisfy themselves as to 
the accuracy of the information supplied by 
interested Members or interested parties upon which their findings are based. 
6.7 In order to verify information provided or 
to obtain further details, the authorities may carry out investigations in 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.  
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 all interested 
parties of the essential facts under consideration which form the basis for the decision whether to apply definitive measures.  Such disclosure should take place in sufficient time for the parties 
to defend their interests. 
 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.   TN/RL/W/240 
 Page 15 
 
 
  AD ASCM 
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 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.   
6.11 For the purposes of this Agreement, 
"interested parties" shall include:  
(i) an exporter or foreign producer or the 
importer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or importers of such product; 
 
(ii) the government of the exporting 
Member;  and 
 (iii) a producer of the like product in the importing Member or a trade and business  
association a majority of the members of which 
produce the like product in the territory of the 12.9 For the purposes of this Agreement, 
"interested parties" shall include:  
(i) an exporter or foreign producer or the 
importer of a product subject to investigation, or a trade or business association a majority of the members of which are producers, exporters or 
importers of such product;  and 
 
   (ii) a producer of the like product in the importing Member or a trade and business 
association a majority of the members of which 
produce the like product in the territory of the TN/RL/W/240 
Page 16  
 
  AD ASCM 
importing Member. 
 This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as 
interested parties. 
 importing Member. 
 This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as 
interested parties. 
 
6.12 The authorities shall provide opportunities for industrial users of the product under investigation, and for representative consumer organizations in cases where the product is commonly sold at the retail level, to provide information which is relevant to the 
investigation regarding dumping, injury and 
causality.  12.10 The authorities shall provide 
opportunities for industrial users of the product under investigation, and for representative consumer organizations in cases where the product is commonly sold at the retail level, to provide information which is relevant to the 
investigation regarding subsidization, injury and 
causality.  
6.13 The authorities shall take due account of any difficulties experienced by interested parties, in particular small companies, in supplying information requested, and shall provide any 
assistance practicable. 
 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. 
 
6.14 The procedures set out above are not intended to prevent the authorities of a Member from proceeding expeditiously with regard to initiating an investigation, reaching preliminary or final determinations, whether affirmative or 
negative, or from applying provisional or final 
measures, in accordance with relevant provisions of this Agreement.  12.12 The procedures set out above are not 
intended to prevent the authorities of a Member from proceeding expeditiously with regard to initiating an investigation, reaching preliminary or final determinations, whether affirmative or 
negative, or from applying provisional or final 
measures, in accordance with relevant provisions of this Agreement.  
Article 7  
 
Provisional Measures  
 
7.1 Provisional measures may be applied only if: Article 17  
 
Provisional Measures  
 
17.1 Provisional measures may be applied only if:    
(i) an investigation has been initiated in accordance with the provisions of Article 5, a public notice has been given to that effect and 
interested parties have been given adequate 
opportunities to submit information and make comments;  
(ii) a preliminary affi rmative determination 
has been made of dumping and consequent injury 
to a domestic industry;  and   
(iii) the authorities concerned judge such (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  TN/RL/W/240 
 Page 17 
 
 
  AD ASCM 
measures necessary to prevent injury being 
caused during the investigation.  measures necessary to prevent injury being 
caused during the investigation.    
7.2 Provisional measures may take the form 
of a provisional duty or, preferably, a security - 
by cash deposit or bond - equal to the amount of 
the anti-dumping duty provisionally estimated, 
being not greater than the provisionally estimated 
margin of dumping.  Withholding of 
appraisement is an  appropriate provisional 
measure, provided that the normal duty and the 
estimated amount of the anti-dumping duty be 
indicated and as long as the withholding of 
appraisement is subject to the same conditions as 
other provisional measures.  17.2 Provisional measures may take the form 
of provisional countervailing duties guaranteed 
by cash deposits or bonds equal to the amount of 
the provisionally calculated amount of 
subsidization. 
 
7.3 Provisional measures shall not be applied sooner than 60 days from the date of initiation of the investigation.  17.3 Provisional measures shall not be applied 
sooner than 60 days from the date of initiation of the investigation.  
7.4 The application of provisional measures 
shall be limited to as short a period as possible, 
not exceeding four months or, on decision of the 
authorities concerned, upon request by exporters 
representing a significant percentage of the trade 
involved, to a period not exceeding six months.  
When authorities, in the course of an 
investigation, examine whether a duty lower than 
the margin of dumping would be sufficient to 
remove injury, these periods may be six and nine 
months, respectively. 
 17.4 The application of provisional measures 
shall be limited to as short a period as possible, 
not exceeding four months.    
7.5 The relevant provisions of Article 9 shall be followed in the application of provisional 
measures. 
 17.5 The relevant provisions of Article 19 
shall be followed in the application of provisional 
measures. 
 
Article 8  
 
Price Undertakings  Article 18  
 
Undertakings  
 
8.1 Proceedings may19 be suspended or 
terminated without the imposition of provisional 
measures or anti-dumping duties upon receipt of 
satisfactory voluntary undertakings from any 
exporter to revise its prices or to cease exports to 
the area in question at dumped prices so that the authorities are satisfied that the injurious effect of the dumping is eliminated.  Price increases under 
such undertakings shall not be higher than 
necessary to eliminate the margin of dumping.  It 
is desirable that the price increases be less than 18.1 Proceedings may49 be suspended or 
terminated without the imposition of provisional measures or countervailing duties upon receipt of 
satisfactory voluntary undertakings under which:  
(a) the government of the exporting Member 
agrees to eliminate or limit the subsidy or take 
other measures concerning its effects;  or 
 
(b) the exporter agrees to revise its prices so 
that the investigating  authorities are satisfied that TN/RL/W/240 
Page 18  
 
  AD ASCM 
the margin of dumping if such increases would be 
adequate to remove the injury to the domestic industry.  the injurious effect of the subsidy is  eliminated.  
Price increases under such undertakings shall not 
be higher  than necessary to eliminate the amount 
of the subsidy.     It is desirable  that the price 
increases be less than the amount of the subsidy if 
such  increases would be adequate to remove the 
injury to the domestic industry.  
_______________ 
 19 The word "may" shall not be interpreted to 
allow the simultaneous con tinuation of proceedings 
with the implementation of price undertakings except 
as provided in paragraph 4. 
 _______________ 
 49 The word "may" shall not be interpreted to 
allow the simultaneous con tinuation of proceedings 
with the implementation of undertakings, except as 
provided in paragraph 4. 
 
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.  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 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.  18.3 Undertakings offered need not be 
accepted if the authorities of the importing 
Member consider their acceptance impractical, 
for example if the number of actual or potential exporters is too great, or for other reasons, including reasons of general policy.  Should the case arise and where practicable, the authorities shall provide to the exporter the reasons which 
have led them to consider acceptance of an 
undertaking as inappropriate, and shall, to the extent possible, give the exporter an opportunity to make comments thereon.  
8.4 If an undertaking is accepted, the investigation of dumping and injury shall 
nevertheless be  completed if the exporter so 
desires or the authorities so decide.  In such a case, if a negative determination of dumping or injury is made, the undertaking shall automatically lapse, ex cept in cases where such a 
determination is due in la rge part to the existence 
of a price undertaking.  In such cases, the 
authorities may require that an undertaking be maintained for a reasonable period consistent with the provisions of this Agreement.  In the event that an affirmative determination of 
dumping and injury is made, the undertaking 
shall continue consistent  with its terms and the 
provisions of this Agreement.  18.4 If an undertaking is accepted, the 
investigation of subsidization and injury shall 
nevertheless be completed if the exporting 
Member so desires or the importing Member so decides.  In such a case, if a negative determination of subsidizat ion or injury is made, 
the undertaking shall automatically lapse, except in cases where such a determination is due in 
large part to the existence of an undertaking.  In 
such cases, the authoriti es concerned may require 
that an undertaking be maintained for a reasonable  period consistent with the provisions of this Agreement.  In the event that an 
affirmative determinati on of subsidization and 
injury is made, the undertaking shall continue consistent with its term s and the provisions of 
this Agreement.   TN/RL/W/240 
 Page 19 
 
 
  AD ASCM 
8.5 Price undertakings may be suggested by 
the authorities of the importing Member, but no exporter shall be forced to enter into such undertakings.  The fact that exporters do not offer such undertakings, or do not accept an invitation 
to do so, shall in no way prejudice the 
consideration of the case.  However, the authorities are free to determine that a threat of injury is more likely to be realized if the dumped imports continue.  18.5 Price undertakings may be suggested by 
the authorities of the importing Member, but no exporter shall be forced to enter into such 
undertakings.   The fact that governments or exporters do not offer such undertakings, or do 
not accept an invitation to do so, shall in no way 
prejudice the consideration of the case.  However, the authorities are free to determine that a threat of injury is more likely to be realized if the subsidized imports continue.  
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 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 measures,  except that any such 
retroactive assessment shall not apply to imports entered before the violation of the undertaking. 
 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. 
 
Article 9  
 
Imposition and Collection of Anti-Dumping 
Duties  
 Article 19  
 
Imposition and Collection of Countervailing 
Duties  
 
 19.1 If, after reasonable efforts have been 
made to complete consultations, a Member makes a final determination of the existence and amount 
of the subsidy and that, through the effects of the 
subsidy, the subsidized imports are causing injury, it may impose a countervailing duty in accordance with the provisions of this Article unless the subsidy or subsidies are withdrawn. 
 
9.1 The decision whether or not to impose an anti-dumping duty in cases where all 
requirements for the imposition have been fulfilled, and the decision whether the amount of the anti-dumping duty to be imposed shall be the 
full margin of dumping or less, are decisions to 
be made by the authorities of the importing 19.2 The decision whether or not to impose a countervailing duty in cases where all 
requirements for the imposition have been fulfilled, and the decision whether the amount of the countervailing duty to be imposed shall be the 
full amount of the subsidy or less, are decisions 
to be made by the authorities of the importing TN/RL/W/240 
Page 20  
 
  AD ASCM 
Member.  It is desirable that the imposition be 
permissive in the territory of all Members, and 
that the duty be less than the margin if such lesser 
duty would be adequate to remove the injury to the domestic industry. 
 Member.   It is desirable that the imposition 
should be permissive in the territory of all 
Members, that the duty should be less than the 
total amount of the subsidy if such lesser duty would be adequate to remove the injury to the 
domestic industry, and that procedures should be 
established which would allow the authorities 
concerned to take due account of representations 
made by domestic interested parties50 whose 
interests might be adversely affected by the 
imposition of a countervailing duty.  
 
 _______________ 
 50 For the purpose of this paragraph, the term 
"domestic interested parties" shall include consumers and industrial users of the imported product subject to 
investigation. 
 
9.2 When an anti-dumping duty is imposed 
in respect of any product, such anti-dumping duty 
shall be collected in the appropriate amounts in each case, on a non-discriminatory basis on 
imports of such product from all sources found to 
be dumped and causing injury, except as to 
imports from those sources from which price undertakings under the terms of this Agreement 
have been accepted.  The authorities shall name 
the supplier or suppliers of the product 
concerned.  If, however, several suppliers from 
the same country are involved, and it is 
impracticable to name all these suppliers, the 
authorities may  name the supplying country 
concerned.  If several suppliers from more than 
one country are involved, the authorities may 
name either all the suppliers involved, or, if this 
is impracticable, all the supplying countries 
involved. 
 19.3 When a countervailing duty is imposed in 
respect of any product, such countervailing duty 
shall be levied, in the appropriate amounts in each case, on a non-discriminatory basis on 
imports of such product from all sources found to 
be subsidized and causing injury, except as to 
imports from those sources which have 
renounced any subsidies in question or from which undertakings under the terms of this 
Agreement have been accepted.   .... 
 
9.3 The amount of the anti-dumping duty 
shall not exceed the margin of dumping as 
established under Article 2.  19.4 No countervailing duty shall be levied51 
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. 
 
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   TN/RL/W/240 
 Page 21 
 
 
  AD ASCM 
made.20  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. 
 
_______________ 
 20 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.  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 
which is duly reflected in subsequent selling prices, and should calculate the export price with no deduction for the amount of anti-dumping duties paid when conclusive evidence of the above is provided. 
  
9.4 When the authorities have limited their 
examination in accordance with the second 
sentence of paragraph 10 of Article 6, any anti-dumping duty applied to imports from exporters or producers not included in the examination shall not exceed: 
 
(i) the weighted average margin of dumping established with respect to  the selected exporters 
or producers or,  
(ii) where the liability for payment of  TN/RL/W/240 
Page 22  
 
  AD ASCM 
anti-dumping duties is calculated on the basis of a 
prospective normal value, the difference between the weighted average normal value of the selected exporters or producers and the export prices of exporters or producers not individually examined, 
 
provided that the authorities shall disregard for the purpose of this paragraph any zero and de minimis  margins and margins established 
under the circumstances referred to in paragraph 8 of Article 6.  The authorities shall 
apply individual duties or normal values to 
imports from any exporter or producer not included in the examination who has provided the necessary information during the course of the investigation, as provided for in 
subparagraph 10.2 of Article 6. 
 
9.5 If a product is subject to anti-dumping 
duties in an importing Member, the authorities 
shall promptly carry out a review for the purpose 
of determining individual margins of dumping for 
any exporters or producers in the exporting 
country in question who have not exported the 
product to the importing Member during the 
period of investigation, provided that these 
exporters or producers can show that they are not 
related to any of the exporters or producers in the 
exporting country who are  subject to the 
anti-dumping duties on the product.  Such a 
review shall be initiated and carried out on an 
accelerated basis, compared to normal duty 
assessment and review proceedings in the 
importing Member.  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.  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. 
Article 10  
 
Retroactivity  
 
10.1 Provisional measures and anti-dumping duties shall only be applied to products which enter for consumption after the time when the Article 20  
 
Retroactivity  
 
20.1 Provisional measures and countervailing duties shall only be applied to products which enter for consumption after the time when the  TN/RL/W/240 
 Page 23 
 
 
  AD ASCM 
decision taken under paragraph 1 of Article 7 and 
paragraph 1 of Article 9, respectively, enters into force, subject to the exceptions set out in this Article.  decision under paragraph 1 of Article 17 and 
paragraph 1 of Article 19, respectively, enters into force, subject to the exceptions set out in this Article.  
10.2 Where a final determination of injury (but not of a threat thereof or of a material 
retardation of the establishment of an industry) is 
made or, in the case of a final determination of a threat of injury, where the effect of the dumped imports would, in the absence of the provisional measures, have led to a determination of injury, anti-dumping duties may be levied retroactively 
for the period for which provisional measures, if 
any, have been applied.  20.2 Where a final determination of injury 
(but not of a threat thereof or of a material 
retardation of the establishment of an industry) is 
made or, in the case of a final determination of a threat of injury, where the effect of the subsidized imports would, in the absence of the provisional measures, have led to a determination of injury, countervailing duties may be levied retroactively 
for the period for which provisional measures, if 
any, have been applied.  
10.3 If the definitive anti-dumping duty is 
higher than the provisional duty paid or payable, 
or the amount estimated for the purpose of the 
security, the difference shall not be collected.  If 
the definitive duty is lower than the provisional 
duty paid or payable, or the amount estimated for 
the purpose of the security, the difference shall be 
reimbursed or the duty recalculated, as the case 
may be. 
 20.3 If the definitive countervailing duty is 
higher than the amount guaranteed by the cash 
deposit or bond, the difference shall not be 
collected.   If the definitive duty is less than the 
amount guaranteed by the cash deposit or bond, 
the excess amount shall be reimbursed or the 
bond released in an expeditious manner. 
 
10.4 Except as provided in paragraph 2, where 
a determination of threat of injury or material 
retardation is made (but no injury has yet occurred) a definitive anti-dumping duty may be imposed only from the date of the determination of threat of injury or material retardation, and any 
cash deposit  made during the period of the 
application of provisional measures shall be refunded and any bonds released in an expeditious manner.  20.4 Except as provided in paragraph 2, where 
a determination of threat of injury or material 
retardation is made (but no injury has yet occurred) a definitive countervailing duty may be imposed only from the date of the determination of threat of injury or material retardation, and any 
cash deposit made during the period of the 
application of provisional measures shall be refunded and any bonds released in an expeditious manner.  
10.5 Where a final determination is negative, any cash deposit made during the period of the 
application of provisional measures shall be 
refunded and any bonds released in an expeditious manner.  20.5 Where a final determination is negative, 
any cash deposit made during the period of the 
application of provisional measures shall be 
refunded and any bonds released in an expeditious manner.  
10.6 A definitive anti-dumping duty may be 
levied on products which were entered for 
consumption not more than 90 days prior to the 
date of application of provisional measures, when 
the authorities determine for the dumped product 
in question that:  
(i) there is a history of dumping which 20.6 In critical circumstances where for the 
subsidized product in question the authorities find 
that injury which is difficult to repair is caused by 
massive imports in a relatively short period of a 
product benefiting from subsidies paid or 
bestowed inconsistently with the provisions of 
GATT 1994 and of this Agreement and where it 
is deemed necessary, in order to preclude the TN/RL/W/240 
Page 24  
 
  AD ASCM 
caused injury or that the importer was, or should 
have been, aware that the exporter practises 
dumping and that such dumping would cause 
injury, and 
 
(ii) the injury is caused by massive dumped 
imports of a product in a relatively short time 
which in light of the timing and the volume of the 
dumped imports and other circumstances (such as 
a rapid build-up of inventories of the imported 
product) is likely to seriously undermine the 
remedial effect of the definitive anti-dumping 
duty to be applied, provided that the importers 
concerned have been given an opportunity to 
comment. 
 recurrence of such injury, to assess countervailing 
duties retroactively on those imports, the 
definitive countervailing duties may be assessed 
on imports which were entered for consumption 
not more than 90 days prior to the date of 
application of provisional measures.  
10.7 The authorities may, after initiating an investigation, take such measures as the 
withholding of appraisement or assessment as 
may be necessary to collect anti-dumping duties retroactively, as provided for in paragraph 6, once they have sufficient evidence that the conditions set forth in that paragraph are satisfied. 
  
10.8 No duties shall be levied retroactively 
pursuant to paragraph 6 on products entered for 
consumption prior to the date of initiation of the investigation.   
Article 11  
 
Duration and Review of Anti-Dumping Duties 
and Price Undertakings  Article 21  
 
Duration and Review of Countervailing Duties 
and Undertakings  
 
11.1 An anti-dumping duty shall remain in 
force only as long as and to the extent necessary to counteract dumping which is causing injury.  21.1 A countervailing duty shall remain in 
force only as long as and to the extent necessary to counteract subsidization which is causing injury.  
11.2 The authorities shall review the need for the continued imposition of the duty, where 
warranted, on their own initiative or, provided 
that a reasonable period of time has elapsed since the imposition of the definitive anti-dumping duty, upon request by any interested party which submits positive information substantiating the 
need for a review.21  Interested parties shall have 
the right to request the authorities to examine 
whether the continued imposition of the duty is necessary to offset dumping, whether the injury would be likely to continue or recur if the duty 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  TN/RL/W/240 
 Page 25 
 
 
  AD ASCM 
were removed or varied, or both.  If, as a result of 
the review under this paragraph, the authorities 
determine that the anti-dumping duty is no longer warranted, it shall be terminated immediately.  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. 
 
_______________ 
 21 A determination of final liability for 
payment of anti-dumping duties, as provided for in 
paragraph 3 of Article 9, does not by itself constitute a 
review within the meaning of this Article. 
  
11.3 Notwithstanding the provisions of 
paragraphs 1 and 2, any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition (or from the date of 
the most recent review under paragraph 2 if that 
review has covered both dumping and injury, or under this paragraph),  unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the 
domestic industry within a reasonable period of 
time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence  of dumping and injury.
22  The duty 
may remain in force pending the outcome of such 
a review. 
 21.3 Notwithstanding the provisions of 
paragraphs 1 and 2, an y definitive countervailing 
duty shall be terminated on a date not later than five years from its imposition (or from the date of 
the most recent review under paragraph 2 if that 
review has covered both subsidization and injury, or under this paragraph), unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the 
domestic industry within a reasonable period of 
time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of subsidization and injury.
52  The 
duty may remain in force pending the outcome of 
such a review. 
 
_______________ 
 22 When the amount of the anti-dumping duty 
is assessed on a retrospective basis, a finding in the 
most recent assessment proceeding under 
subparagraph 3.1 of Article 9 that no duty is to be levied shall not by itself require the authorities to 
terminate the definitive duty.
 _______________ 
52  When the amount of the countervailing 
duty is assessed on a retrospective basis, a finding in 
the most recent assessment pr oceeding that no duty is 
to be levied shall not by itself require the authorities to terminate the definitive duty. 
 
11.4 The provisions of Article 6 regarding 
evidence and procedure shall apply to any review 
carried out under this Article.  Any such review shall be carried out expeditiously and shall normally be concluded w ithin 12 months of the 
date of initiation of the review. 
 21.4 The provisions of Article 12 regarding 
evidence and procedure shall apply to any review 
carried out under this Article.  Any such review shall be carried out expeditiously and shall normally be concluded w ithin 12 months of the 
date of initiation of the review. 
 
11.5 The provisions of this Article shall apply 
mutatis mutandis  to price undertakings accepted 
under Article 8. 21.5 The provisions of this Article shall apply 
mutatis mutandis  to undertakings accepted under 
Article 18.  
 Article 12  
 
Public Notice and Explanation of Determinations  
 Article 22  
 
Public Notice and Explanation of Determinations 
 TN/RL/W/240 
Page 26  
 
  AD ASCM 
12.1 When the authorities are satisfied that 
there is sufficient eviden ce to justify the initiation 
of an anti-dumping investigation pursuant to 
Article 5, the Member or Members the products of which are subject to such investigation and 
other interested parties known to the investigating 
authorities to have an interest therein shall be notified and a public notice shall be given.  22.1 When the authorities are satisfied that 
there is sufficient evidence to justify the initiation  
of an investigation pursuant to Article 11, the Member or Members the products of which are subject to such investigation and other interested 
parties known to the investigating authorities to 
have an interest therei n shall be notified and a 
public notice shall be given.  
12.1.1 A public notice of the initiation of an investigation shall contain, or otherwise make available through a separate report
23, adequate 
information on the following: 
 22.2 A public notice of the initiation of an 
investigation shall contain, or otherwise make available through a separate report
53, adequate 
information on the following: 
 
_______________ 
 23 Where authorities provide information and 
explanations under the provisions of this Article in a separate report, they shall ensure that such report is 
readily available to the public. 
 ______________ 
 53 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. 
 
(i) the name of the exporting country or 
countries and the product involved;  
(ii) the date of initiation of the investigation; 
 
(iii) the basis on which dumping is alleged in 
the application;  (iv) a summary of the factors on which the 
allegation of injury is based; 
 (v) the address to which representations by interested parties should be directed;  
 
(vi) the time-limits allowed to interested parties for making their views known.  (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; 
 (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.  
12.2 Public notice shall be given of any preliminary or final de termination, whether 
affirmative or negative, of any decision to accept 
an undertaking pursuant to Article 8, of the 
termination of such an undertaking, and of the termination of a definitive anti-dumping duty.  Each such notice shall set forth, or otherwise make available through a separate report, in 
sufficient detail the findings and conclusions 
reached on all issues of fact and law considered material by the investigating authorities.  All such notices and reports shall be forwarded to the Member or Members the products of which are 22.3 Public notice shall be given of any 
preliminary or final de termination, whether 
affirmative or negative, of any decision to accept 
an undertaking pursuant to Article 18, of the 
termination of such an undertaking, and of the termination of a definitive countervailing duty.  Each such notice shall set forth, or otherwise make available through a separate report, in 
sufficient detail the findings and conclusions 
reached on all issues of fact and law considered material by the investigating authorities.  All such notices and reports shall be forwarded to the Member or Members the products of which are  TN/RL/W/240 
 Page 27 
 
 
  AD ASCM 
subject to such determination or undertaking and 
to other interested parties known to have an interest therein.  subject to such determination or undertaking and 
to other interested parties known to have an interest therein. 
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 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:  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;  
(iii) the margins of dumping established and a 
full explanation of the reasons for the 
methodology used in the establishment and 
comparison of the export price and the normal 
value under Article 2;  (iv) considerations relevant to the injury 
determination as set out in Article 3; 
 (v) the main reasons leading to the determination.  
 (i) the names of the suppliers or, when this 
is impracticable, the supplying countries involved;  
(ii) a description of the  product which is 
sufficient for customs purposes;  
(iii) the 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.  
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, as well as the reasons for the 
acceptance or rejection of relevant arguments or 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 TN/RL/W/240 
Page 28  
 
  AD ASCM 
claims made by the exporters and importers, and 
the basis for any decision made under 
subparagraph  10.2 of Article 6. 
 claims made by interested Members and by the exporters and importers.  
12.2.3 A public notice of the termination or suspension of an investigation following the acceptance of an undertaking pursuant to 
Article 8 shall include, or otherwise make 
available through a separate report, the non-confidential part of this undertaking.   22.6 A public notice of the termination or 
suspension of an investigation following the acceptance of an undertaking pursuant to 
Article 18 shall include, or otherwise make 
available through a separate report, the non-confidential part of this undertaking.  
12.3 The provisions of this Article shall apply mutatis mutandis  to the initiation and completion 
of reviews pursuant to Article 11 and to decisions 
under Article 10 to apply duties retroactively. 
 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. 
 
Article 13  
 
Judicial Review  
 
 Each Member  whose national legislation 
contains provisions on anti-dumping measures 
shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia , 
of the prompt review of administrative actions relating to final determinations and reviews of determinations within the meaning of Article 11.  
Such tribunals or procedures shall be independent 
of the authorities responsible for the determination or review in question. Article 23  
 
Judicial Review  
 
 Each Member whose national legislation 
contains provisions on countervailing  duty 
measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia , of the prompt review of 
administrative actions relating to final determinations and review s of  determinations 
within the meaning of Article 21.  Such tribunals 
or procedures shall be independent of the authorities responsible for the determination or 
review in question, and shall provide all 
interested parties who participated in the 
administrative proceeding and are directly and 
individually affected by the administrative 
actions with access to review. 
 
Article 14  
 
Anti-Dumping Action on Behalf of a Third 
Country  
 
14.1 An application for anti-dumping action on behalf of a third country shall be made by the authorities of the third country requesting action.    TN/RL/W/240 
 Page 29 
 
 
  AD ASCM 
14.2 Such an application shall be supported by 
price information to show that the imports are being dumped and by de tailed information to 
show that the alleged dum ping is causing injury 
to the domestic industry concerned in the third 
country.  The government of the third country 
shall afford all assistance to the authorities of the 
importing country to obtain any further information which the latter may require.   
14.3 In considering such an application, the 
authorities of the importing country shall consider the effects of the alleged dumping on the 
industry concerned as a whole in the third 
country;  that is to say, the injury shall not be assessed in relation only to the effect of the alleged dumping on the industry's exports to the importing country or even on the industry's total 
exports.  
14.4 The decision whether or not to proceed 
with a case shall rest with the importing country.  
If the importing country decides that it is prepared to take action, the initiation of the approach to the Council for Trade in Goods seeking its approval for such action shall rest 
with the importing country. 
  
Article 15  
 
Developing Country Members  
 
 
 It is recognized that special regard must 
be given by developed country Members to the 
special situation of developing country Members when considering the application of anti-dumping measures under this Agreement.  Possibilities of constructive remedies provided for by this 
Agreement shall be expl ored before applying 
anti-dumping duties where they would affect the essential interests of developing country Members.   TN/RL/W/240 
Page 30  
 
  AD ASCM 
Article 16  
 
Committee on Anti-Dumping Practices  
 
 
16.1 There is hereby established a Committee 
on Anti-Dumping Practices (referred to in this 
Agreement as the "Committee") composed of 
representatives from each of the Members.  The Committee shall elect its own Chairman and shall meet not less than twice a year and otherwise as 
envisaged by relevant provisions of this 
Agreement at the request of any Member.  The Committee shall carry out responsibilities as assigned to it under this Agreement or by the Members and it shall afford Members the 
opportunity of consulting on any matters relating 
to the operation of the Agreement or the furtherance of its objectives.  The WTO Secretariat shall act as the secretariat to the Committee. 
 Article 24  
 
Committee on Subsidies and Countervailing 
Measures and Subsidiary Bodies  
 24.1 There is hereby established a Committee 
on Subsidies and Countervailing Measures 
composed of representatives from each of the Members.  The Committee shall elect its own Chairman and shall meet not less than twice a year and otherwise as envisaged by relevant 
provisions of this Agreemen t at the request of any 
Member.  The Committee shall carry out responsibilities as assigned to it under this Agreement or by the Members and it shall afford Members the opportunity of consulting on any 
matter relating to the operation of the Agreement 
or the furtherance of its objectives.  The WTO Secretariat shall act as the secretariat to the Committee.  
 
16.2 The Committee may set up subsidiary bodies as appropriate. 24.2 The Committee may set up subsidiary 
bodies as appropriate. 
16.3 In carrying out their functions, the Committee and any subsidiary bodies may 
consult with and seek information from any source they deem appropriate.  However, before the Committee or  a subsidiary body seeks such information from a source within the jurisdiction of a Member, it shall inform the Member 
involved.  It shall obtain the consent of the 
Member and any firm to be consulted.  24.5 In carrying out their functions, the 
Committee and any subsidiary bodies may 
consult with and seek information from any source they deem appropriate.  However, before the Committee or a subsidiary body seeks such information from a source within the jurisdiction of a Member, it shall inform the Member 
involved. 
 
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.  The semi-annual reports sh all 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. 
 
16.5 Each Member shall notify the Committee (a) which of its authorities are competent to 
initiate and conduct investig ations referred to in 
Article 5 and (b) its domestic procedures 
governing the initiation and conduct of such 
investigations. 
 25.12 Each Member shall notify the Committee 
(a) which of its authorities are competent to 
initiate and conduct investig ations referred to in 
Article 11 and (b) its domestic procedures 
governing the initiation and conduct of such 
investigations. 
  TN/RL/W/240 
 Page 31 
 
 
  AD ASCM 
 Article 27  
 
Special and Differential Treatment of Developing 
Country Members  
 27.10 Any countervailing duty investigation of 
a product originating in a developing country Member shall be terminated as soon as the authorities concerned determine that:  (a) the overall level of subsidies granted 
upon the product in question does not exceed 
2 per cent of its value calculated on a per unit basis;  or  (b) the volume of the subsidized imports 
represents less than 4 per cent of the total imports 
of the like product in the importing Member, unless imports from developing country Members whose individual shares of total imports represent less than 4 per cent collectively 
account for more than 9 per cent of the total 
imports of the like product in the importing Member.  
 27.11 For those developing country Members 
within the scope of paragraph 2(b) which have eliminated export subsidies prior to the expiry of the period of eight years from the date of entry into force of the WTO Agreement, and for those 
developing country Members referred to in 
Annex VII, the number in  paragraph 10(a) shall 
be 3 per cent rather than 2 per cent.  This provision shall apply from the date that the elimination of export subsidies is notified to the 
Committee, and for so long as export subsidies 
are not granted by the notifying developing country Member.  This provision shall expire eight years from the date of entry into force of the WTO Agreement. 
 
 27.12 The provisions of paragraphs 10 and 11 
shall govern any determination of de minimis  
under paragraph 3 of Article 15.  
 27.15 The Committee shall, upon request by an 
interested developing country Member, undertake a review of a specific countervailing measure to examine whether it is consistent with the provisions of paragraphs  10 and 11 as applicable 
to the developing country Member in question. 
 TN/RL/W/240 
Page 32  
 
  AD ASCM 
Article 17  
 
Consultation and Dispute Settlement  
 
17.1 Except as otherwise provided herein, the 
Dispute Settlement Understanding is applicable 
to consultations and the settlement of disputes 
under this Agreement. 
 Article 30  
 
  
 The provisions of Articles XXII and 
XXIII of GATT 1994 as elaborated and applied 
by the Dispute Settlement Understanding shall 
apply to consultations and the settlement of 
disputes under this Agreement, except as 
otherwise specifically provided herein. 
 
17.2 Each Member shall afford sympathetic consideration to, and sh all afford adequate 
opportunity for consultation regarding, 
representations made by another Member with respect to any matter affecting the operation of this Agreement.    
17.3 If any Member considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that 
the achievement of any objective is being impeded, by another Member or Members, it may, with a view to reaching a mutually satisfactory resolution of the matter, request in 
writing consultations with the Member or 
Members in question.  Each Member shall afford sympathetic consideration to any request from another Member for consultation.     
17.4 If the Member that requested 
consultations considers that the consultations 
pursuant to paragraph 3 ha ve failed to achieve a 
mutually agreed solution, and if final action has been taken by the administering authorities of the importing Member to levy definitive anti-dumping duties or to accept price undertakings, it may refer the matter to the 
Dispute Settlement Body ("DSB").  When a 
provisional  measure has a significant impact and the Member that requested consultations considers that the measure was taken contrary to the provisions of paragraph 1 of Article 7, that 
Member may also refer such matter to the DSB. 
  
17.5 The DSB shall, at the request of the 
complaining party, establish a panel to examine the matter based upon:   
(i) a written statement of the Member 
making the request indicating how a benefit accruing to it, directly or indirectly, under this   TN/RL/W/240 
 Page 33 
 
 
  AD ASCM 
Agreement has been nullified or impaired, or that 
the achieving of the objectives of the Agreement is being impeded, and (ii) the facts made available in conformity with appropriate domestic procedures to the 
authorities of the importing Member. 
17.6 In examining the matter referred to in paragraph 5: 
 (i) in its assessment of the facts of the matter, the panel shall determine whether the authorities' establishment of the facts was proper and whether their evaluation of those facts was 
unbiased and objective.  If the establishment of 
the facts was proper and the evaluation was unbiased and objective, even though the panel might have reached a different conclusion, the evaluation shall not be overturned;  
(ii) the panel shall interpret the relevant 
provisions of the Agreement in accordance with 
customary rules of interpretation of public 
international law.  Where the panel finds that a relevant provision of the Agreement admits of more than one permissible interpretation, the panel shall find the authorities' measure to be in 
conformity with the Agreement if it rests upon 
one of those permissible interpretations.   
17.7 Confidential information provided to the 
panel shall not be disclosed without formal authorization from the person, body or authority providing such information.  Where such 
information is requested from the panel but 
release of such information by the panel is not authorized, a non-confidential summary of the information, authorized by the person, body or authority providing the information, shall be provided. 
  
Article 18  
 
Final Provisions  
 
18.1 No specific action against dumping of 
exports from another Member can be taken 
except in accordance with the provisions of  
GATT 1994, as interpreted by this Agreement.24 
 Article 32  
 
Other Final Provisions  
 
32.1 No specific action against a subsidy of another Member can be taken except in 
accordance with the provisions of GATT 1994, as 
interpreted by this Agreement.
56 
 TN/RL/W/240 
Page 34  
 
  AD ASCM 
_______________ 
 24 This is not intended to preclude action 
under other relevant provisions of GATT 1994, as 
appropriate. 
 _______________ 
 56 This paragraph is not intended to preclude 
action under other relevant provisions of GATT 1994, 
where appropriate. 
 
18.2 Reservations may not be entered in 
respect of any of the provisions of this Agreement without the consent of the other Members.  32.2 Reservations may not be entered in 
respect of any of the provisions of this Agreement without the consent of the other Members.  
18.3 Subject to subparagraphs 3.1 and 3.2, the provisions of this Agreement shall apply to 
investigations, and review s of existing measures, 
initiated pursuant to applications which have been made on or after the date of entry into force for a Member of the WTO Agreement. 
 32.3 Subject to paragraph 4, the provisions of 
this Agreement shall apply to investigations, and 
reviews of existing measures, initiated pursuant 
to applications which have been made on or after the date of entry into force for a Member of the WTO Agreement. 
 
18.3.1 With respect to the calculation of margins of dumping in refund procedures under 
paragraph 3 of Article 9, the rules used in the 
most recent determination or review of dumping shall apply. 
  
18.3.2 For the purposes of paragraph 3 of 
Article 11, existing anti-dumping measures shall be deemed to be imposed on a date not later than 
the date of entry into force for a Member of the 
WTO Agreement, except  in cases in which the 
domestic legislation of a Member in force on that date already included a clause of the type provided for in that paragraph. 
 32.4 For the purposes of paragraph 3 of 
Article 21, existing countervailing measures shall be deemed to be imposed on a date not later than 
the date of entry into force for a Member of the 
WTO Agreement, except in cases in which the 
domestic legislation of a Member in force at that 
date already included a clause of the type provided for in that paragraph. 
 
18.4 Each Member shall take all necessary steps, of a general or particular character, to 
ensure, not later than the date of entry into force of the WTO Agreement for it, the conformity of its laws, regulations and administrative procedures with the provisions of this Agreement 
as they may apply for the Member in question. 
 32.5 Each Member shall take all necessary 
steps, of a general or particular character, to 
ensure, not later than the date of entry into force of the WTO Agreement for it, the conformity of its laws, regulations and administrative procedures with the provisions of this Agreement 
as they may apply to the Member in question. 
 
18.5 Each Member shall inform the Committee of any changes in its laws and 
regulations relevant to this Agreement and in the administration of such laws and regulations.  32.6 Each Member shall inform the 
Committee of any changes in its laws and 
regulations relevant to this Agreement and in the administration of such laws and regulations. 
 
18.6 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. 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.  TN/RL/W/240 
 Page 35 
 
 
  AD ASCM 
  
18.7 The Annexes to this Agreement 
constitute an integral part thereof. 32.8 The Annexes to this Agreement 
constitute an integral part thereof.  
ANNEX I 
 
PROCEDURES FOR ON-THE-SPOT 
INVESTIGATIONS PURSUANT 
TO PARAGRAPH 7 OF ARTICLE 6 
 
1. Upon initiation of an investigation, the 
authorities of the exporting Member and the firms known to be concerned should be informed of the intention to carry out on-the-spot investigations.  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. 
 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. 
 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. 
 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.  5. Sufficient advance notice should be given 
to the firms in question before the visit is made.  
6. Visits to explain the questionnaire should only be made at the request  of an exporting firm.  
Such a visit may only be made if (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.  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 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 TN/RL/W/240 
Page 36  
 
  AD ASCM 
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.  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.  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.  
ANNEX II 
 
BEST INFORMATION AVAILABLE IN 
TERMS OF PARAGRAPH 8 OF ARTICLE 6 
1. As soon as possible after the initiation of the investigation, the investigating authorities should specify in detail the information required from any interested party, and the manner in 
which that information should be structured by 
the interested party in its response.  The authorities should also ensure that the party is aware that if information is not supplied within a reasonable time, the authorities will be free to 
make determinations on the basis of the facts 
available, including those contained in the 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 should consider the reasonable ability of the interested party to respond in the preferred medium or computer language, and should not request the party to use 
for its response a computer system other than that 
used by the party.  The authority should not maintain a request for a computerized response if the interested party does not maintain computerized accounts and if presenting the response as requested would result in an 
unreasonable extra burden on the interested party, 
e.g. it would entail unreasonable additional cost   TN/RL/W/240 
 Page 37 
 
 
  AD ASCM 
and trouble.  The authorities should not maintain 
a request for a response in a particular medium or computer language if the interested party does not maintain its computerized accounts in such medium or computer language and if presenting 
the response as requested would result in an 
unreasonable extra burden on the interested party, e.g. it would entail unreasonable additional cost and trouble.  
3. All information which is verifiable, which is appropriately submitted so that it can be used in the investigation without undue 
difficulties, which is supplied in a timely fashion, 
and, where applicable, which is supplied in a medium or computer language requested by the authorities, should be taken into account when determinations are made.  If a party does not 
respond in the preferred medium or computer 
language but the authorities find that the circumstances set out in paragraph 2 have been satisfied, the failure to respond in the preferred medium or computer language should not be 
considered to significantly impede the 
investigation.   
4. Where the authorities do not have the 
ability to process information if provided in a particular medium (e.g. computer tape), the information should be supplied in the form of 
written material or any other form acceptable to 
the authorities.   
5. Even though the information provided 
may not be ideal in all respects, this should not justify the authorities from disregarding it, provided the interested part y has acted to the best 
of its ability. 
  
6. If evidence or information is not 
accepted, the supplying party should be informed forthwith of the reasons  therefor, and should have an opportunity to provide further explanations within a reasonable period, due account being taken of the time-limits of the 
investigation.  If the  explanations are considered 
by the authorities as not being satisfactory, the reasons for the rejection of such evidence or information should be given in any published determinations. 
  TN/RL/W/240 
Page 38  
 
  AD ASCM 
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 do so with special circumspection.  
In such cases, the authorities should, where practicable, check the information from other independent sources at their disposal, such as published price lists, official import statistics and customs returns, and from the information 
obtained from other interested parties during the 
investigation.  It is clear, however, that if an interested party does not 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.   
 
 
 
__________