Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community
Date: 1994-12-22
Institutions: Council of the European Union
Subjects: agricultural product, anti-dumping legislation, economic survey, exchange of information, import, third country













EUR-Lex - 31994R3283 - EN






Avis juridique important




|



31994R3283

Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community  


Official Journal L 349 , 31/12/1994 P. 0001 - 0021 Finnish special edition: Chapter 11 Volume 34 P. 0014  Swedish special edition: Chapter 11 Volume 34 P. 0014  





COUNCIL REGULATION (EC) No  3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the  European CommunityTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof, Having regard to the Regulations establishing the common organization of agricultural markets and  the Regulations adopted pursuant to Article 235 of the Treaty applicable to goods manufactured from  agricultural products, and in particular the provisions of those Regulations which allow for  derogation from the general principle that protective measures at frontiers may be replaced solely  by the measures provided for in those Regulations, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas, by Regulation (EC) No 2423/88 (2), the Council adopted common rules for protection against  dumped or subsidized imports from countries which are not members of the European Community; Whereas, these rules were adopted in accordance with existing international obligations, in  particular those arising from Article VI of the General Agreement on Tariffs and Trade  (hereinafter, GATT), from the Agreement on Implementation of Article VI of the GATT (1979  Anti-Dumping Code) and from the Agreement on Interpretation and Application of Articles VI, XVI and  XXIII of the GATT (Code on Subsidies and Countervailing Duties); Whereas, the multilateral trade negotiations concluded in 1994 have led to new Agreements on the  implementation of Article VI of GATT and it is therefore appropriate to amend the Community rules  in the light of these new Agreements; whereas it is also desirable, in the light of the different  nature of the new rules for dumping and subsidies, to have separate Community rules in these two  areas and, consequently, the new rules on protection against subsidies and countervailing duties  are dealt with in a separate Regulation; Whereas, in applying these rules it is essential, in order to maintain the balance of rights and  obligations which the GATT Agreement establishes, that the Community takes account of their  interpretation by the Community's major trading partners; Whereas, the new agreement on dumping, namely, the Agreement on Implementation of Article VI of the  General Agreement on Tariffs and Trade 1994 (hereinafter, 1994 Anti-Dumping Agreement), contains  new and detailed rules, in particular, with regard to the calculation of dumping, procedures for  initiation and the subsequent investigation, including the establishment and treatment of the  facts, the imposition of provisional measures, the imposition and collection of anti-dumping  duties, the duration and review of anti-dumping measures and the public disclosure of information  relating to anti-dumping investigations; whereas, in view of the extent of the changes and to  ensure and adequate and transparent implementation of the new rules, it is appropriate to transpose  the language of the new agreements into Community legislation to the extent possible; Whereas, it is desirable to lay down clear and detailed rules on the calculation of normal value,  in particular that in all cases it should be based on representative sales in the ordinary course  of trade in the exporting country; whereas, it is expedient to define the circumstances in which  domestic sales may be considered to be made at a loss and disregarded and recourse may be had to  remaining sales or constructed value or sales to a third country; whereas it is also desirable to  provide for a proper allocation of costs, including in start-up situations, where it is also  appropriate to lay down guidance on the definition of start-up and the extent and method of  allocation; whereas it is also necessary, when constructing normal value, to indicate the  methodology that is to be applied to determine the amounts for selling, general and administrative  costs and the profit that shall be included in such value; Whereas, when determining normal value for non-market economy countries, it appears prudent to set  out rules of procedure for choosing the appropriate market economy third country that is to be used  for such purpose and, where it is not possible to find a suitable third country, to provide that  normal value may be established on any reasonable basis; Whereas, it is expedient to define the export price and to enumerate the adjustments which are to  be made in those cases where a reconstruction of this price from the first open-market price is  deemed necessary; Whereas, for the purpose of ensuring a fair comparison between export price and normal value, it is  advisable to list the factors which may affect prices and price comparability and to lay down  specific rules on when and how the adjustments shall be made, including the fact that any  duplication of adjustments has to be avoided; whereas, it is also necessary to provide that  comparison may be made using average prices though individual export prices may be compared to an  average normal value where the former vary by customer, region or time period; Whereas, it is desirable to lay down clear and detailed guidance on the factors which may be  relevant for the determination of whether the dumped imports have caused material injury or are  threatening to cause injury; whereas, in demonstrating that the volume and price levels of the  imports concerned are responsible for injury sustained by a Community industry, attention should be  given to the effect of other factors and in particular existing market conditions in the  Community; Whereas, it is advisable to define the term 'Community industry` and provide that parties related  to exporters may be excluded from such industry and to define the term 'related`; whereas, it is  also necessary to provide for anti-dumping action to be taken on behalf of producers in a region of  the Community and to lay down guidelines on the definition of such a region; Whereas, it is necessary to set down who may lodge an anti-dumping complaint, including the extent  to which it should be supported by the Community industry, and the information on dumping, injury  and causality which such complaint should contain; whereas, it is also expedient to specify the  procedures with regard to the rejection of complaints or the initiation of proceedings; Whereas, it is necessary to lay down how interested parties shall be given notice of the  information which the authorities require, ample opportunity to present all relevant evidence and  full opportunity to defend their interests; whereas, it is also desirable to set out clearly the  rules and procedures to be followed during the investigation, in particular that interested parties  have to make themselves known, present their views and submit information within specified time  limits, if such views and information are to be taken into account; whereas, it is also appropriate  to set out the conditions under which an interested party may have access to, and comment on,  information presented by other interested parties; whereas, there should also be cooperation  between the Member States and the Commission with regard to the collection of information; Whereas, it is necessary to lay down the conditions under which provisional duties may be imposed,  including the condition that they may not be imposed earlier than 60 days from initiation and no  later than nine months from initiation; whereas, for administrative reasons, it is also necessary  to provide that such duties may in all cases be imposed by the Commission either directly for a  nine-month period or in two stages of six and three months; Whereas, it is necessary to specify procedures for accepting undertakings which eliminate dumping  and injury instead of imposing provisional or definitive duties; whereas, it is also appropriate to  lay down the consequences of violation or withdrawal of undertakings and that provisional duties  may be imposed in cases of suspected violation or where further investigation is necessary to  complete the findings, whereas, in accepting undertakings, care should be taken that the proposed  undertakings, and their enforcement, do not lead to anti-competitive behaviour; Whereas, it is necessary to provide for the termination of cases, by termination without measures  or by conclusion with definitive measures, normally within 12 months, and in no case later than 15  months, from the initiation of the investigation; whereas, investigations or proceedings should be  terminated where the dumping is de minimis or the injury is negligible and it is appropriate to  define these terms; whereas, where measures are to be imposed, it is necessary to provide for the  termination of investigations and to lay down that measures should be less than the margin of  dumping if such lesser amount would remove the injury, as well as to specify the method of  calculating the level of measures in cases of sampling; Whereas, it is necessary to provide for retroactive collection of provisional duties as deemed  appropriate and to define the circumstances which may trigger the retroactive application of duties  to avoid the undermining of the definitive measures to be applied; whereas it is also necessary to  provide that duties may be applied retroactively in cases of violation or withdrawal of  undertakings; Whereas, it is necessary to provide that measures are to lapse after five years unless a review  investigation indicates that they should be maintained; whereas, it is also necessary to provide,  in cases where sufficient evidence is submitted of changed circumstances, for interim reviews or  for investigations to determine whether refunds of anti-dumping duties are warranted; whereas it is  also appropriate to lay down that in any recalculation of dumping which necessitates a  reconstruction of export prices, duties shall not be treated as a cost incurred between importation  and resale where the said duty is being reflected in the prices of the products subject to measures  in the Community; Whereas, it is necessary to provide specifically for the reassessment of export prices and dumping  margins where the duty is being absorbed by the exporter through a form of compensatory arrangement  and the measures are not being reflected in the prices of the products subject to measures in the  Community; Whereas, the 1994 Anti-Dumping Agreement does not contain provisions regarding the circumvention of  anti-dumping measures, though a separate GATT Ministerial Decision recognizes circumvention as a  problem and has referred it to the GATT Anti-dumping Committee for resolution, whereas given the  failure of the multilateral negotiations so far and pending the outcome of the referral to the GATT  Anti-Dumping Committee, it is necessary to introduce new provisions into Community legislation to  deal with practices, including simple assembly in the Community or a third country, which have as  their main aim the circumvention of anti-dumping measures; Whereas, it is expedient to permit suspension of anti-dumping measures where there is a temporary  change in market conditions which makes the continued imposition of such measures temporarily  inappropriate; Whereas, it is necessary to provide that imports under investigation may be made subject to  registration upon importation in order to enable measures to be applied subsequently against such  imports; Whereas, in order to ensure a proper enforcement of measures, it is necessary that Member States  monitor, and report to the Commission the import trade of products subject to investigation and  subject to measures and the amount of duties collected under this Regulation; Whereas, it is necessary to provide for consultations of an Advisory Committee at regular and  specified stages of the investigation; whereas, the Committee should consist of representatives of  Member States with a representative of the Commission as chairman; Whereas, it is expedient to provide for verification visits to check information submitted on  dumping and injury, though such visits should be dependent on proper replies to questionnaires  being received; Whereas, it is essential to provide for sampling in cases where the number of parties or  transactions are large in order to permit a timely completion of investigations; Whereas, it is necessary to provide that for parties who do not cooperate satisfactorily other  information may be used to establish findings and such information may be less favourable to the  party than if it had cooperated; Whereas, provision should be made for the treatment of confidential information so that business  secrets are not divulged; Whereas, it is essential that provision is made for proper disclosure of essential facts and  considerations to parties which qualify for such treatment and that such disclosure is made, with  due regard to the decision-making process in the Community, within a time period which permits  parties to defend their interests; Whereas, it is prudent to provide for an administrative system under which arguments can be  presented in relation to whether measures are in the Community interest, including the consumer  interest, and to lay down the time periods within which such information has to be presented as  well as the disclosure rights of the parties concerned; Whereas, it is imperative to link implementation of time limits to the establishment of the  necessary administrative structure within the Commission's services; whereas, the Council,  therefore, should specify, in a decision to be adopted by qualified majority no later than 1 April  1995, when these time limits are to apply, HAS ADOPTED THIS REGULATION: Article 1 Principles 1.  An anti-dumping duty may be applied to any dumped product whose release for free circulation in  the Community causes injury. 2.  A product is to be considered as being dumped if its export price to the Community is less than  a comparable price for the like product, in the ordinary course of trade, as established for the  exporting country. 3.  The exporting country shall normally be the country of origin. However, it may be an  intermediate country, except where, for example, the products are merely transhipped through that  country, or the products concerned are not produced in that country, or there is no comparable  price for them in that country. 4.  For the purpose of this Regulation, the term like product 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 2 Determination of dumping A. NORMAL VALUE 1.  The normal value shall normally be based on the prices paid or payable, in the ordinary course  of trade, by independent customers in the exporting country. (a)  Where the exporter in the exporting country does not produce or does not sell the like product  the normal value may be established on the basis of prices of other sellers or producers. (b)  Prices between parties which appear to be associated or to have a compensatory arrangement  with each other may be considered as being in the ordinary course of trade and may be used to  establish normal value only if it is determined that they are not affected by the relationship. 2.  Sales of the like product destined for domestic consumption, shall normally be used to  determine normal value if such sales volume constitute 5 % or more of the sales volume of the  product under consideration to the Community. However, a lower volume of sales may be used when,  for example, the prices charged are considered representative for the market concerned. 3.  When there are no or insufficient sales of the like product in the ordinary course of trade, or  where because of the particular market situation such sales do not permit a proper comparison, the  normal value of the like product shall be calculated on the basis of the cost of production in the  country of origin plus a reasonable amount for selling, general and administrative costs and for  profits, or based on the export prices, in the ordinary course of trade, to an appropriate third  country, provided that these prices are representative. 4.  Sales of the like product in the domestic market of the exporting country, or export sales to a  third country, at prices below per unit (fixed and variable) costs of production plus selling,  general and administrative costs may be treated as not being in the ordinary course of trade by  reason of price and may be disregarded in determining normal value only if it is determined that  such sales are made within an extended period of time in substantial quantities, and are at prices  which do not provide for the recovery of all costs within a reasonable period of time. (a) If prices which are below costs at the time of sale are above weighted average costs for the  period of investigation, such prices shall be considered to provide for recovery of costs within a  reasonable period of time. (b) The extended period of time should normally be one year but shall in no case be less than six  months and sales below per unit cost shall be considered to be made in substantial quantities  within such a period when it is established that the weighted average selling price is below the  weighted average unit cost, or that the volume of sales below unit cost is not less than 20 % of  sales being used to determine normal value. 5.  For the purpose of paragraphs 1 to 7, costs shall normally be calculated on the basis of  records kept by the party under investigation, provided that such records are in accordance with  the generally accepted accounting principles of the country concerned and it is shown that the  records reasonably reflect the costs associated with the production and sale of the product under  consideration. (a) Consideration shall be given to evidence submitted on the proper allocation of costs, provided  that it is shown that such allocations have been historically utilized. In the absence of a more  appropriate method, preference shall be given to the allocation of costs on the basis of turnover.  Unless already reflected in the cost allocations under this paragraph, costs shall be adjusted  appropriately for those non-recurring items of cost which benefit future and/or current  production. (b) Where the costs for part of the period for cost recovery are affected by the use of new  production facilities requiring substantial additional investment and by low capacity utilization  rates, which are the result of start-up operations which take place within or during part of the  investigation period, the average costs for the start-up phase shall be those applicable, under the  abovementioned allocation rules, at the end of such a phase, and shall be included at that level,  for the period concerned, in the weighted average costs referred to in paragraph 4 (a). The length  of a start-up phase shall be determined in relation to the circumstances of the producer or  exporter concerned, but shall not exceed an appropriate initial portion of the period for cost  recovery. For this adjustment to costs applicable during the investigation period, information  relating to a start-up phase which extends beyond that period shall be taken into account in so far  as it is submitted prior to verification visits and within three months from the initiation of the  investigation. 6.  For the purpose of paragraphs 1 to 7, the amounts for selling, for general and administrative  costs and for profits shall be based on actual data pertaining to production and sales, in the  ordinary course of trade, of the like product, by the exporter or producer under investigation.  When such amounts cannot be determined on this basis, the amounts may be determined, on the basis  of: (i) the weighted average of the actual amounts determined for other exporters or producers subject  to investigation in respect of production and sales of the like product in the domestic market of  the country of origin; (ii) the actual amounts applicable to production and sales, in the ordinary course of trade, of the  same general category of products for the exporter or producer in question in the domestic market  of the country of origin; (iii) any other reasonable method, provided that the amount for profit so established shall not  exceed the profit normally realized by other exporters or producers on sales of products of the  same general category in the domestic market of the country of origin. 7.  In the case of imports from non-market economy countries and, in particular, those to which  Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports form certain third  countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and 3420/83 (1) applies,  normal value shall be determined on the basis of the price or constructed value in a market economy  third country, or the price from such a third country to other countries, including the Community,  or where these are not possible, on any other reasonable basis, including the price actually paid  or payable in the Community for the like product, duly adjusted, if necessary, to include a  reasonable profit margin. (a) For the purpose of this paragraph, an appropriate market economy third country shall be  selected in a not unreasonable manner, with due account taken of anv reliable information made  available at the time of selection. Account shall also be taken of time limits and, where  appropriate, a market economy third country which is subject to the same investigation shall be  used. (b) The parties to the investigation shall be informed shortly after initiation of the market  economy third country envisaged and shall be given 10 days to comment. B. EXPORT PRICE 8.  The export price shall be the price actually paid or payable for the product when sold from the  exporting country to the Community. 9.  In cases where there is no export price or where it appears that the export price is unreliable  because of association or a compensatory arrangement between the exporter and the importer or a  third party, the export price may be constructed on the basis of the price at which the imported  products are first resold to an independent buyer, or if the products are not resold to an  independent buyer, or not resold in the condition as imported, on any reasonable basis. (a) In these cases, adjustment for all costs, including duties and taxes, incurred between  importation and resale, and for profits accruing, shall be made to establish a reliable export  price, at the Community frontier level. (b) The items for which adjustment shall be made include those normally borne by an importer but  paid by any party, either in or outside the Community, which appears to be associated or to have a  compensatory arrangement with the importer or exporter, including: usual transport, insurance,  handling, loading and ancillary costs; customs duties, any anti-dumping duties, and other taxes  payable in the importing country by reason of the importation or sale of the goods; and a  reasonable margin for selling, general and administrative costs and profit. C. COMPARISON 10.  A fair comparison shall be made between the export price and the normal value. This comparison  shall be made at the same level of trade and in respect of sales made at as nearly as possible the  same time and with due account taken of other differences which affect price comparability. Where  the normal value and the export price as established are not on such a comparable basis due  allowance, in the form of adjustments, shall be made in each case, on its merits, for differences  in factors which are claimed, and demonstrated to affect prices and, therefore, price  comparability. Any duplication when making adjustments shall be avoided, in particular in relation  to discounts, rebates, quantities and level of trade. When the specified conditions are met, the  factors for which adjustment can be made are listed hereafter: (a) Physical characteristics An adjustment shall be made for differences in the physical characteristics of the product  concerned. The amount of the adjustment shall correspond to a reasonable estimate of the market  value of the difference. (b) Import charges and indirect taxes An adjustment shall be made to normal value for an amount corresponding to any import charges or  indirect taxes borne by the like product and by materials physically incorporated therein, when  destined for consumption in the exporting country and not collected or refunded in respect of the  product exported to the Community. (d) Discounts, rebates and quantities An adjustment shall be made for differences in discounts and rebates, including those given for  differences in quantities, if these are properly quantified and are directly linked to the sales  under consideration. An adjustment may also be made for deferred discounts and rebates if the claim  is based on consistent practice in prior periods, including compliance with the conditions required  to qualify for the discount or rebates. (d) Level of trade An adjustment for differences in levels of trade, including any differences which may arise in OEM  (Original Equipment Manufacturer) sales, shall be granted where, in relation to the distribution  chain in both markets, it is shown that the export price, including a constructed export price, is  at a different level of trade to the normal value and the difference has affected price  comparability which is demonstrated by consistent and distinct differences in functions and prices  of the seller for the different levels of trade in the domestic market of the exporting country.  The amount of the adjustment shall be based on the market value of the difference. (e) Transport, insurance, handling, loading and ancillary costs An adjustment shall be made for differences in the directly related costs incurred for conveying  the product concerned from the premises of the exporter to an independent buyer, where such costs  are included in the prices charged. These costs comprise transport, insurance, handling, loading  and ancillary costs. (f) Packing An adjustment shall be made for differences in the respective, directly related costs of the  packing for the product concerned. (g) Credit An adjustment shall be made for differences in the cost of any credit granted for the sales under  consideration, provided that it is a factor taken into account in the determination of the prices  charged. (h) After-sales costs An adjustment shall be made for differences in the direct costs of providing warranties,  guarantees, technical assistance and services, as provided for by law and/or in the sales  contract. (i) Commissions An adjustment shall be made for differences in commissions paid in respect of the sales under  consideration. (j) Currency conversions When the price comparison requires a conversion of currencies, such conversion should be made using  the rate of exchange on the date of sale, provided that when a sale of foreign currency on forward  markets is directly linked to the export sale involved, the rate of exchange in the forward sale  shall be used. Normally, the date of sale should be the date of invoice but the date of contract,  purchase order or order confirmation, may be used if these more appropriately establish the  material terms of sale. Fluctuations in exchange rates shall be ignored and exporters shall be  granted 60 days to reflect a sustained movement in exchange rates during the period of  investigation. D. DUMPING MARGIN 11.  Subject to the relevant provisions governing fair comparison, the existence of margins of  dumping during the investigation period shall normally be established on the basis of a comparison  of a weighted average normal value with a weighted average of prices of all export transactions to  the Community or by a comparison of individual normal values and individual export prices to the  Community on a transaction to transaction basis. However, a normal value established on a weighted  average basis may be compared to prices of all individual export transactions to the Community, if  there is a pattern of export prices which differ significantly among different purchasers, regions  or time periods and the methods specified in the first sentence of this paragraph would not reflect  the full degree of dumping being practised. This paragraph shall not preclude the use of sampling  in accordance with Article 17. 12.  The dumping margin shall be the amount by which the normal value exceeds the export price.  Where dumping margins vary, a weighted average dumping margin may be established. Article 3 Determination of injury 1.  Pursuant to this Regulation, the term 'injury` shall, unless otherwise specified, be taken to  mean material injury to the Community industry, threat of material injury to the Community industry  or material retardation of the establishment of such an industry and shall be interpreted in  accordance with the provisions of this Article. 2.  A determination of injury 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 Community market for like products, and (b) the consequent impact of these imports on  the Community industry. 3.  With regard to the volume of the dumped imports, consideration shall be given as to whether  there has been a significant increase in dumped imports, either in absolute terms or relative to  production or consumption in the Community. With regard to the effect of the dumped imports on  prices, consideration shall be given as to whether there has been a significant price undercutting  by the dumped imports as compared with the price of a like product of the Community industry, or  whether the effect of such imports is otherwise to depress prices to a significant degree or  prevent price increases, which otherwise would have occurred, to a significant degree. No one or  several of these factors can necessarily give decisive guidance. 4.  Where imports of a product from more than one country are simultaneously subject to  anti-dumping investigations, the effects of such imports shall be cumulatively assessed only if it  is determined that (a) the margin of dumping established in relation to the imports from each  country is more than de minimis as defined in Article 9 (3) and that 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 imported products and the conditions  of competition between the imported products and the like Community product. 5.  The examination of the impact of the dumped imports on the Community industry concerned shall  include an evaluation of all relevant economic factors and indices having a bearing on the state of  the industry including: the fact that an industry is still in the process of recovering from the  effects of past dumping or subsidization, the magnitude of the actual margin of dumping, actual and  potential decline in sales, profits, output, market share, productivity, return on investments,  utilization of capacity; factors affecting Community prices; actual and potential negative effects  on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This  list is not exhaustive, nor can one or several of these factors necessarily give decisive  guidance. 6.  It must be demonstrated, from all the relevant evidence presented in relation to paragraph 2,  that the dumped imports are causing injury within the meaning of this Regulation. Specifically,  this shall entail a demonstration that the volume and/or price levels identified pursuant to  paragraph 3 are responsible for an impact on the Community industry as provided for in paragraph 5,  and that this impact exists to a degree which enables it to be classified as material. 7.  Known factors other than the dumped imports, which at the same time are injuring the Community  industry shall also be examined to ensure that injury caused by these other factors is not  attributed to the dumped imports under paragraph 6. Factors which may be considered in this respect  include, inter alia, the volume and prices of imports not sold at dumping prices, contraction in  demand or changes in the patterns of consumption, trade restrictive practices of and competition  between the foreign and Community producers, developments in technology and the export performance  and productivity of the Community industry. 8.  The effect of the dumped imports shall be assessed in relation to the production of the  Community industry of the like product when available data permit the separate identification of  that production on the basis of such criteria as the production process, producers' sales and  profits. If such separate identification of that production is not 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. 9.  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. (a) In making a determination regarding the existence of a threat of material injury, consideration  should be given to, inter alia, such factors as: (i) a significant rate of increase of dumped imports into the Community market indicating the  likelihood of substantially increased imports; (ii) sufficient freely disposable or an imminent, substantial increase in capacity of the exporter  indicating the likelihood of substantially increased dumped exports to the Community, taking into  account the availability of other export markets to absorb any additional exports; (iii) whether imports are entering at prices that would, to a significant degree, depress prices or  prevent price increases which otherwise would have occurred, and would likely increase demand for  further imports; and (iv) inventories of the product being investigated. (b) No one of the factors listed above 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. Article 4  Definition of Community industry 1.  For the purposes of this Regulation, the term 'the Community industry` shall be interpreted as  referring to the Community producers as a whole of the like products or to those of them whose  collective output of the products constitutes a major proportion, as defined in Article 5 (4), of  the total Community production of those products, except that: (i) when producers are related to the exporters or importers or are themselves importers of the  allegedly dumped product, the term 'the Community industry` may be interpreted as referring to the  rest of the producers; (ii) in exceptional circumstances the territory of the Community may, for the production in  question, be divided into two or more competitive markets and the producers within each market may  be regarded as a separate industry if (a) the producers within such a 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 Community. In such circumstances, injury may be found to exist even where a major portion of  the total Community 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 a market. 2.  For the purpose of paragraph 1, producers shall be considered 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. 3.  Where the Community industry has been interpreted as referring to the producers in a certain  region, the exporters shall be given an opportunity to offer undertakings pursuant to Article 8 in  respect of the region concerned. In such cases, when evaluating the Community interest of the  measures, special account shall be taken of the interest of the region. If an adequate undertaking  is not offered promptly or the situations set out in Article 8 (9) and (10) apply, a provisional or  definitive duty may be imposed in respect of the Community as a whole. In such cases, the duties  may, if practicable, be limited to specific producers or exporters. 4.  The provisions of Article 3 (8) shall be applicable to this Article. Article 5  Initiation of proceedings 1.  Except as provided for in Article 5 (6), an investigation to determine the existence, degree  and effect of any alleged dumping shall be initiated upon a written complaint by any natural or  legal person, or any association not having legal personality, acting on behalf of the Community  industry. (a) The complaint may be submitted to the Commission, or to a Member State, which shall forward it  to the Commission. The Commission shall send Member States a copy of any complaint it receives. The  complaint shall be deemed to have been lodged on the first working day following its delivery to  the Commission by registered mail or the issuing of an acknowledgement of receipt by the  Commission. (b) Where, in the absence of any complaint, a Member State is in possession of sufficient evidence  of dumping and of injury resulting therefrom for the Community industry, it shall immediately  communicate such evidence to the Commission. 2.  A complaint under paragraph 1 shall include evidence of dumping, injury and a causal link  between the allegedly dumped imports and the alleged injury. The complaint shall contain such  information as is reasonably available to the complainant on the following: (i) identity of the complainant and a description of the volume and value of the Community  production of the like product by the complainant. Where a written complaint is made on behalf of  the Community industry, the complaint shall identify the industry on behalf of which the complaint  is made by a list of all known Community producers of the like product (or associations of  Community producers of the like product) and, to the extent possible, a description of the volume  and value of Community production of the like product accounted for by such producers; (ii) a complete description of the allegedly dumped product, the names of the country or countries  of origin or export in question, the identity of each known exporter or foreign producer and a list  of known persons importing the product in question; (iii) information on prices at which the product in question is sold when destined for consumption  in the domestic markets of the country or countries of origin or export (or, where appropriate,  information on the prices at which the product is sold from the country or countries of origin or  export to a third country or countries or on the constructed value of the product) and information  on export prices or, where appropriate, on the prices at which the product is first resold to an  independent buyer in the Community; (iv) information on the evolution of the volume of the allegedly dumped imports, the effect of  these imports on prices of the like product on the Community market and the consequent impact of  the imports on the Community industry, as demonstrated by relevant factors and indices having a  bearing on the state of the Community industry, such as those listed in Article 3 (3) and (5). 3.  The Commission shall, to the degree possible, examine the accuracy and adequacy of the evidence  provided in the complaint to determine whether there is sufficient evidence to justify the  initiation of an investigation. 4.  An investigation shall not be initiated pursuant to paragraph 1 unless it has been determined,  on the basis of an examination of the degree of support for, or opposition to, the complaint  expressed by Community producers of the like product, that the complaint has been made by or on  behalf of the Community industry. The complaint shall be considered to have been made by or on  behalf of the Community industry if it is supported by those Community producers whose collective  output constitutes more than 50 % of the total production of the like product produced by that  portion of the Community industry expressing either support for or opposition to the complaint.  However, no investigation shall be initiated when Community producers expressly supporting the  complaint account for less than 25 % of total production of the like product produced by the  Community industry. 5.  The authorities shall avoid, unless a decision has been made to initiate an investigation, any  publicising of the complaint for the initiation of an investigation. However, after receipt of a  properly documented complaint and before proceeding to initiate an investigation, the government of  the exporting country concerned shall be notified. 6.  If in special circumstances, it is decided to initiate an investigation without having received  a written complaint by or on behalf of the Community industry for the initiation of such  investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a  causal link, as described in paragraph 2, to justify the initiation of an investigation. 7.  The evidence of both dumping and injury shall be considered simultaneously in the decision  whether or not to initiate an investigation. A complaint shall be rejected where there is  insufficient evidence of either dumping or of injury to justify proceeding with the case. Pursuant  to this Article, proceedings shall not be initiated against countries whose imports represent a  market share of below 1 %, unless such countries collectively account for 3 %, or more, of  Community consumption. 8.  The complaint may be withdrawn prior to initiation, in which case it shall be considered not to  have been lodged. 9.  Where, after consultation, it is apparent that there is sufficient evidence to justify  initiating proceedings the Commission shall initiate proceedings within 45 days of the lodging of  the complaint and publish a notice in the Official Journal of the European Communities. Where  insufficient evidence has been presented, the complaint shall, after consultation, be so informed  within 45 days of the date on which the complaints is lodged with the Commission. 10.  The notice of initiation of the proceedings shall announce the initiation of an investigation,  indicate the product and countries concerned, give a summary of the information received, and  provide that all relevant information is to be communicated to the Commission, it shall state the  periods within which interested parties may make themselves known, present their views in writing  and submit information if such views and information are to be taken into account during the  investigation; it shall also state the period within which interested parties may apply to be heard  by the Commission in accordance with Article 6 (5). 11.  The Commission shall advise the exporters, importers and representative associations of  importers or exporters known to it to be concerned, as well as representatives of the exporting  country and the complainants, of the initiation of the proceedings and, with due regard to the  protection of confidential information, provide the full text of the written complaint received  pursuant to Article 5 (1) to the known exporters, and to the authorities of the exporting country  and make it available, upon request, to other interested parties involved. Where the number of  exporters involved is particularly high, the full text of the written complaint should instead be  provided only to the authorities of the exporting country or to the relevant trade association. 12.  An anti-dumping investigation shall not hinder the procedures of customs clearance. Article 6  The investigation 1.  Following the initiation of the proceedings, the Commission, acting in cooperation with the  Member States, shall commence an investigation at Community level. Such investigation shall cover  both dumping and injury and these shall be investigated simultaneously. For the purpose of a  representative finding, an investigation period shall be selected which, in the case of dumping  shall, normally, cover a period of not less than six months immediately prior to the initiation of  the proceedings. Information relating to a period subsequent to the investigation period shall,  normally, not be taken into account. 2.  Parties receiving questionnaires used in an anti-dumping investigation shall be given at least  30 days reply. The time limit for exporters shall be counted from the date of receipt of the  questionnaire, which for this purpose shall be deemed to have been received one week from the day  on which it was sent to the exporter or transmitted to the appropriate diplomatic representative of  the exporting country. An extension to the 30 day period may be granted, taking due account of the  time limits of the investigation and provided the party gives a good reason, in terms of its  particular circumstances, for such extension. 3.  The Commission may request Member States to supply information and Member States shall take  whatever steps are necessary in order to give effect to such requests. They shall send to the  Commission the information requested together with the results of all inspections, checks or  investigations carried out. Where this information is of general interest or where its transmission  has been requested by a Member State, the Commission shall forward it to the Member States,  provided it is not confidential, in which case a non-confidential summary shall be forwarded. 4.  The Commission may request Member States to carry out all necessary checks and inspections,  particularly amongst importers, traders and Community producers, and to carry out investigations in  third countries, provided the firms concerned give their consent and the government of the country  in question has been officially notified and raises no objection. Member States shall take whatever  steps are necessary in order to give effect to such requests from the Commission. Officials of the  Commission shall be authorized, if the Commission or a Member State so requests, to assist the  officials of Member States in carrying out their duties. 5.  The interested parties, which have made themselves known in accordance with Article 5 (10),  shall be heard if they have, within the period prescribed in the notice published in the Official  Journal of the European Communities, made a written request for a hearing showing that they are an  interested party likely to be affected by the result of the proceedings and that there are  particular reasons why they should be heard. 6.  Opportunities shall, on request, be provided for the importers, exporters, representatives of  the government of the exporting country and the complainants, which have made themselves known in  accordance with Article 5 (10), 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. Oral information provided under this paragraph shall be taken into account in so  far as it is subsequently reproduced in writing. 7.  The complainants, importers and exporters and their representative associations, users and  consumer organizations, which have made themselves known in accordance with Article 5 (10), as well  as the representatives of the exporting country may, upon written request, inspect all information  made available by any party to an investigation, as distinct from internal documents prepared by  the authorities of the Community or its Member States, which is relevant to the presentation of  their cases and not confidential within the meaning of Article 19, and that it is used in the  investigation. Such parties may respond to such information and their comments should be taken into  consideration, to the extent that they are sufficiently substantiated in the response. 8.  Except in the circumstances provided for in Article 18, the information supplied by interest ed  parties an upon which findings are based, shall be examined for accuracy to the degree possible. 9.  For proceedings initiated pursuant to Article 5 (9), an investigation shall, whenever possible,  be concluded within one year. In any event, such investigations shall in all cases be concluded  within 15 months of initiation, in accordance with the findings made pursuant to Article 8 for  undertakings or the findings made pursuant to Article 9 for definitive action. Article 7  Provisional measures 1.  Provisional measures may be applied if proceedings have 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 in accordance with  Article 5 (10), a provisional affirmative determination has been made of dumping and consequent  injury to the Community industry, and the Community interest calls for intervention to prevent such  injury. The provisional measures shall be imposed no sooner than 60 days from the initiation of the  proceedings but not later than nine months from the initiation of the proceedings. 2.  The amount of the provisional anti-dumping duty shall not exceed the margin of dumping as  provisionally established but it should be less than the margin, if such lesser duty would be  adequate to remove the injury to the Community industry. 3.  Provisional measures shall take the form of a security and the release of the products  concerned for free circulation in the Community shall be conditional upon the provision of such  security. 4.  The Commission shall take provisional action after consultation or, in cases of extreme  urgency, after informing the Member States. In this latter case, consultations shall take place 10  days, at the latest, after notification to the Member States of the action taken by the  Commission. 5.  Where a Member State requests immediate intervention by the Commission and the conditions in  Article 7 (1) are met, the Commission shall within a maximum of five working days of receipt of the  request, decide whether a provisional anti-dumping duty should be imposed. 6.  The Commission shall forthwith inform the Council and the Member States of any decision taken  under this article. The Council, acting by a qualified majority, may decide differently. 7.  Provisional duties may be imposed for six months and extended for a further three months or  they may be imposed for nine months. However, they may only be extended or imposed for a nine-month  period, where exporters representing a significant percentage of the trade involved so request or  do not object upon notification by the Commission. Article 8 Undertakings 1.  Investigations may be terminated without the imposition of provisional or definitive 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 Commission, after consultation,  is 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 and they should  be less than the margin of dumping if such increases would be adequate to remove the injury to the  Community industry. 2.  Undertakings may be suggested by the Commission, but no exporter shall be obliged to enter into  such an undertaking. The fact that exporters do not offer such undertakings, or do not accept an  invitation to do so, shall in no way prejudice the consideration of the case. However, it may be  determined that a threat of injury is more likely to be realized if the dumped imports continue.  Undertakings shall not be sought or accepted from exporters unless a provisional affirmative  determination of dumping and injury caused by such dumping has been made. Save in exceptional  circumstances, undertakings may not be offered later than the end of the period during which  representations may be made pursuant to Article 20 (5). 3.  Undertakings offered need not be accepted if their acceptance is considered impractical, for  example, if the number of actual or potential exporters is too great, or for other reasons,  including reasons of general policy. The exporter concerned may be provided with the basis on which  it is intended to propose the rejection of the offer of an undertaking and may be given an  opportunity to make comments thereon. The reasons for rejection shall be set out in the definitive  decision. 4.  Parties which offer an undertaking shall be required to provide a non-confidential version of  such undertaking, so that it may be made available to interested parties to the investigation. 5.  Where undertakings are, after consultation, accepted and there is no objection raised within  the Advisory Committee, the investigation shall be terminated. In all other cases, the Commission  shall submit to the Council forthwith a report on the results of the consultation, together with a  proposal that the investigation be terminated. The investigation shall stand terminated if, within  one month, the Council, acting by a qualified majority, has not decided otherwise. 6.  If the undertakings are accepted, the investigation of dumping and injury shall normally be  completed. In such a case, if a negative determination of dumping or injury is made, the  undertaking shall automatically lapse, except in cases where such a determination is due in large  part to the existence of an undertaking. In such cases the authorities may require that an  undertaking be maintained for a reasonable period. 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 Regulation. 7.  The Commission shall require any exporter from which an undertaking has been accepted to  provide, periodically, information relevant to the fulfilment of such undertaking, and to permit  verification of pertinent data. Non-compliance with such requirements shall be construed as a  violation of the undertaking. 8.  Where undertakings are accepted from certain exporters during the course of an investigation,  they shall, for the purpose of Article 11, be deemed to take effect from the date on which the  investigation is concluded for the exporting country. 9.  In case of violation or withdrawal of undertakings by any party, a definitive duty shall be  imposed in accordance with Article 9, on the basis of the facts established within the context of  the investigation which led to the undertaking, provided that such investigation was concluded with  a final determination on dumping and injury and the exporter concerned, except in the case of  withdrawal of undertakings by the exporter, has been given an opportunity to comment. 10.  A provisional duty may, after consultation, be imposed in accordance with Article 7 on the  basis of the best information available, where there is reason to believe that an undertaking is  being violated, or in case of violation or withdrawal of undertaking where the investigation which  led to the undertaking was not concluded. Article 9   Termination without measures, imposition of definitive duties 1.  Where the complaint is withdrawn, proceedings may be terminated unless such termination would  not be in the Community interest. 2.  Where, after consultation, protective measures are unnecessary and there is no objection raised  within the Advisory Committee, the investigation or proceedings shall be terminated. In all other  cases, the Commission shall submit to the Council forthwith a report on the results of the  consultation, together with a proposal that the proceedings be terminated. The proceedings shall  stand terminated if, within one month, the Council, acting by a qualified majority, has not decided  otherwise. 3.  For proceedings initiated pursuant to Article 5 (9), injury shall normally be regarded as  negligible where the imports concerned represent less than the volumes set out in Article 5 (7).  For the same proceedings, there shall be immediate termination where it is determined that the  margin of dumping is less than 2 %, expressed as a percentage of the export price, provided that it  is only the investigation that shall be terminated where the margin is below 2 % for individual  exporters and they shall remain subject to the proceedings and may be reinvestigated in any  subsequent review carried out for the country concerned pursuant to Article 11. 4.  Where the facts as finally established show that there is dumping and injury caused thereby,  and the Community interest calls for intervention in accordance with Article 21, a definitive  anti-dumping duty shall be imposed by the Council, acting by simple majority on a proposal  submitted by the Commission after consultation of the Advisory Committee. Where provisional duties  are in force, a proposal for definitive action shall be submitted to the Council not later than one  month before the expiry of such duties. The amount of the anti-dumping duty shall not exceed the  margin of dumping established but it should be less than the margin if such lesser duty would be  adequate to remove the injury to the Community industry. 5.  An anti-dumping duty shall be imposed in the appropriate amounts in each case, on a  non-discriminatory basis on imports of a product from all sources found to be dumped and causing  injury, except as to imports from those sources from which undertakings under the terms of this  Regulation have been accepted. The Regulation shall specify the duty for each supplier or, if that  is impracticable and, as a general rule, in the cases referred to in Article 2 (7), the supplying  country concerned.6.  When the Commission has limited its examination in accordance with Article 17, any anti-dumping  duty applied to imports from exporters or producers which have made themselves known in accordance  with Article 17 but were not included in the examination shall not exceed the weighted average  margin of dumping established for the parties in the sample. For the purpose of this paragraph, the  Commission shall disregard any zero and de minimis margins, and margins established under the  circumstances referred to in Article 18. The authorities shall apply individual duties to imports  from any exporter or producer which is granted individual treatment, as provided for in Article  17.  Article 10 Retroactivity 1.  Provisional measures and definitive anti-dumping duties shall only be applied to products which  enter free circulation after the time when the decision taken pursuant to Articles 7 (1) or 9 (4).  as the case may be, enters into force, subject to the exceptions set out in this Regulation. 2.  Where a provisional duty has been applied and the facts as finally established show that there  is dumping and injury, the Council shall decide, irrespective of whether a definitive anti-dumping  duty is to be imposed, what proportion of the provisional duty is to be definitively collected. For  this purpose, 'injury` shall not include material retardation of the establishment of a Community  industry, nor threat of material injury, except where it is found that this would, in the absence  of provisional measures, have developed into material injury. In all other cases involving such  threat or retardation, any provisional amounts shall be released and definitive duties can only be  imposed from the date that a final determination of threat or material retardation is made  3.  If the definitive anti-dumping duty is higher than the provisional duty, the difference shall  not be collected. If the definitive duty is lower than the provisional duty, the duty shall be  recalculated. Where a final determination is negative, the provisional duty shall not be  confirmed. 4.  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 and not prior to the  initiation of the investigation, provided that imports have been registered in accordance with  Article 14 (5), the Commission has provided the importers concerned with an opportunity to comment,  and: (i) there is, for the product in question, a history of dumping over an extended period, or the  importer was aware of, or should have been aware of, the dumping as regards the extent of the  dumping and the injury alleged or found; and (ii) in addition to the level of imports which caused injury during the investigation period there  is a further substantial rise in imports which, in the light of its timing and volume and other  circumstances, is likely to seriously undermine the remedial effect of the definitive anti-dumping  duty to be applied. 5.  In cases of violation or withdrawal of undertakings, definitive duties may be levied in  accordance with this Regulation on goods entered for free circulation not more than 90 days before  the application of provisional measures, provided that imports have been registered in accordance  with Article 14 (5), and that any such retroactive assessment shall not apply to imports entered  before the violation or withdrawal of the undertaking. Article 11 Duration, reviews and refunds 1.  An anti-dumping measure shall remain in force only as long as and to the extent necessary to  counteract the dumping which is causing injury. 2.  A definitive anti-dumping measure shall expire five years from its imposition or five years  from the date of the conclusion of the most recent review which has covered both dumping and injury  unless it is determined in a review that the expiry would be likely to lead to a continuation or  recurrence of dumping and injury. Such an expiry review shall be initiated on the initiative of the  Commission, or upon request made by or on behalf of Community producers and the measure shall  remain in force pending the outcome of such review. (a) An expiry review shall be initiated where the request contains sufficient evidence that the  removal of the measures would be likely to result in a continuation or recurrence of dumping and  injury. Such a likelihood may, for example, be indicated by evidence of continued dumping and  injury or evidence that the removal of injury is partly or solely due to the existence of measures  or evidence that the circumstances of the exporters, or market conditions, are such that they would  indicate the likelihood of further injurious dumping. (b) In carrying out investigations under this paragraph, the exporters, importers, the  representatives of the exporting country and the Community producers shall be provided with the  opportunity to amplify, rebut or comment on the matters set out in the review request and  conclusions shall be reached with due account taken of all relevant and duly supported evidence  presented in relation to the question of whether the removal of measures would be likely, or  unlikely, to lead to the continuation or recurrence of dumping and injury. (c) Pursuant to this paragraph, a notice of impending expiry shall be published in the Official  Journal of the European Communities at an appropriate time in the final year of the period of  application of the measures as defined in this paragraph. Thereafter, the Community producers  shall, no later than three months before the end of the five-year period, be entitled to lodge a  review request in accordance with paragraph 2 (a). A notice announcing the actual expiry of  measures pursuant to this paragraph shall also be published. 3.  The need for the continued imposition of measures may also be reviewed, where warranted on the  initiative of the Commission or at the request of a Member State or, provided that a reasonable  period of time of at least one year has elapsed since the imposition of the definitive measure,  upon a request, by any exporter or importer or by the Community producers, which contains  sufficient evidence substantiating the need for such an interim review. (a) An interim review shall be initiated where the request contains sufficient evidence that the  continued imposition of the measure is no longer necessary to offset dumping and/or the injury  would be unlikely to continue or recur if the measure were removed or varied, or that the existing  measure is not, or is no longer, sufficient to counteract the dumping which is causing injury. (b) In carrying out investigations pursuant to this paragraph, the Commission may, inter alia,  consider whether the circumstances with regard to dumping and injury have changed significantly, or  whether existing measures are achieving the intended results in removing the injury previously  established in accordance with Article 3 of this Regulation. In these respects, account shall be  taken of all relevant and duly supported evidence in the final determination. 4.  A review shall also be carried out for the purpose of determining individual margins of dumping  for new exporters in the exporting country in question which have not exported the product during  the period of investigation on which the measures were based. (a) The review shall be initiated where a new exporter or producer can show that it is not related  to any of the exporters or producers in the exporting country which are subject to the anti-dumping  measures on the product, and where they have actually exported to the Community following the  abovementioned investigation period, or where they can demonstrate that they have entered into an  irrevocable contractual obligation to export a significant quantity to the Community. (b) A review for a new exporter shall be initiated, and carried out on an accelerated basis, after  consultation of the Advisory Committee and Community producers have been given an opportunity to  comment. The Commission Regulation initiating a review shall repeal the duty in force with regard  to the new exporter concerned by amending the Regulation which imposed the duty, and making imports  subject to registration in accordance with Article 14 (5) in order to ensure that, should the  review result in a determination of dumping in respect of such an exporter, anti-dumping duties can  be levied retroactively to the date of the initiation of the review. (c) The provisions of this paragraph shall not apply where duties have been imposed under the  provisions of Article 9 (6). 5.  The relevant provisions of this Regulation with regard to procedures and the conduct of  investigations, excluding those relating to time limits, shall apply to any review carried out  pursuant to paragraphs 2, 3 and 4. Any such review shall be carried out expeditiously and shall  normally be concluded within 12 months of the date of initiation of the review. 6.  Reviews pursuant to this Article shall be initiated by the Commission after consultation of the  Advisory Committee. Where warranted by reviews, measures shall be repealed or maintained pursuant  to paragraph 2, or repealed, maintained or amended pursuant to paragraphs 3 and 4, by the Community  institution responsible for their introduction. Where measures are repealed for individual  exporters, but not for the country as a whole, such exporters shall remain subject to the  proceedings and may, automatically, be reinvestigated in any subsequent review carried out for that  country pursuant to this Article. 7.  Where a review of measures pursuant to paragraph 3 is in progress at the end of the period of  application of measures as defined in paragraph 2, such review shall also cover the circumstances  set out in paragraph 2. 8.  Notwithstanding paragraph 2, an importer may request reimbursement of duties collected where it  is shown that the dumping margin, on the basis of which duties were paid, has been eliminated, or  reduced to a level which is below the level of the duty in force. (a) In order to request a refund of anti-dumping duties, the importer shall submit an application  to the Commission. The application shall be submitted via the Member State of the territory in  which the products were released for free circulation within six months of the date on which the  amount of the definitive duties to be levied was duly determined by the competent authorities or of  the date on which a decision was made definitively to collect the amounts secured by way of  provisional duty. Member States shall forward the request to the Commission forthwith. (b) An application for refund shall only be considered to be duly supported by evidence where it  contains precise information on the amount of refund of anti-dumping duties claimed and all customs  documentation relating to the calculation and payment of such amount. It shall also include  evidence, for a representative period, on normal values and export prices to the Community for the  exporter or producer to which the duty applies. In cases where the importer is not associated to  the exporter or producer concerned and such information is not immediately available, or the  exporter or producer is unwilling to release it to the importer, the application shall contain a  statement from the exporter or producer that the dumping margin has been reduced or eliminated, as  specified in this Article, and that the relevant supporting evidence will be provided to the  Commission. Where such evidence is not forthcoming from the exporter or producer within a  reasonable period of time the application shall be rejected. (c) The Commission shall, after consultation of the Advisory Committee, decide whether and to what  extent the application should be granted or it may decide at any time to initiate an interim review  and the information and findings from such review, carried out in accordance with the provisions  applicable for such reviews, shall be used to determine whether and to what extend a refund is  justified. Refunds of duties 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 payment of any refund  authorized should normally be made by Member States within 90 days of the abovementioned decision. 9.  In all review or refund investigations carried out pursuant to this Article, the Commission  shall apply, in so far as circumstances have not changed, the same methodology as in the  investigation which led to the duty, with due account being taken of the provisions set out in  Article 2, and in particular paragraphs 11 and 12 thereof, and the provisions of Article 17 of this  Regulation. 10.  In any investigation carried out pursuant to this Article, the Commission shall examine the  reliability of export prices in accordance with Article 2. However, where it is decided to  construct the export price in accordance with Article 2 (9), it shall calculate the export price  with no deduction for the amount of anti-dumping duties paid when conclusive evidence is provided  that the duty is duly reflected in resale prices and the subsequent selling prices in the  Community. Article 12 1.  Where the Community industry submits sufficient information showing that measures  have led to no movement, or insufficient movement, in resale prices or subsequent selling prices in  the Community, the investigation may, after consultation, be reopened to examine whether the  measure has had effects on the abovementioned prices. 2.  During an investigation pursuant to this Article, exporters, importers and Community producers  shall be provided with an opportunity to clarify the situation with regard to resale prices and  subsequent selling prices and if it is concluded that the measure should have led to movements in  such prices, in order to remove the injury previously established in accordance with Article 3,  export prices shall be reassessed in accordance with Article 2 and dumping margins shall be  recalculated to take account of the reassessed export prices. Where it is considered that a lack of  movement in the prices in the Community is due to a fall in export prices which occurred prior to  or following the imposition of measures, dumping margins may be recalculated to take account of  such lower export prices. 3.  Where a reinvestigation pursuant to this Article shows increased dumping the measures in force  shall be amended by the Council, by simple majority on a proposal from the Commission, in  accordance with the new findings on export prices. 4.  The relevant provisions of Article 5 and Article 6 shall apply to any review carried out  pursuant to this Article, except that such review shall be carried out expeditiously and shall  normally be concluded within six months of the date of initiation of the reinvestigation. 5.  Alleged changes in normal value shall only be taken into account pursuant to this Article where  complete information on revised normal values, duly substantiated by evidence, is made available to  the Commission within the time limits set out in the notice of initiation of an investigation.  Where an investigation involves a re-examination of normal values, imports may be made subject to  registration in accordance with Article 14 (5) pending the outcome of the investigation. Article 13 Circumvention 1.  Anti-dumping duties imposed pursuant to this Regulation may be extended to apply to imports  from third countries of like products, or parts thereof, when circumvention of the measures in  force is taking place. Circumvention shall be defined as a change in the pattern of trade between  third countries and the Community which stems from a practice, process or work for which there is  insufficient due cause or economic justification, other than the imposition of the duty, and there  is evidence that the remedial effects of the duty are being undermined in terms of the prices  and/or quantities of the like products and there is evidence of dumping in relation to the normal  values previously established for the like or similar products. 2.  An assembly operation in the Community or a third country shall be considered to circumvent the  measures in force where: (i) the operation started or substantially increased since, or just prior to, the initiation of the  anti-dumping investigation and the parts concerned are from the country subject to measures; and (ii) the parts constitute 60 % or more of the total value of the parts of the assembled product  except that in no case shall circumvention be considered to be taking place where the value added  to the parts brought in, during the assembly or completion operation, is greater than 25 % of the  manufacturing cost: and (iii) the remedial effects of the duty are being undermined in terms of the prices and/or  quantities of the assembled like product and there is evidence of dumping in relation to the normal  values previously established for the like or similar products. 3.  Investigations shall be initiated pursuant to this Article where the request contains  sufficient evidence regarding the factors set out in paragraph 1. Initiations shall be made, after  consultation of the Advisory Committee by Commission Regulation which shall also instruct the  customs authorities to make imports subject to registration in accordance with Article 14 (5) or to  request guarantees. Investigations shall be carried out by the Commission, which may be assisted by  customs authorities and shall be concluded within nine months. When the facts as finally  ascertained, justify the extension of measures, this shall be done by the Council, acting by simple  majority and on a proposal from the Commission, from the date that registration was imposed  pursuant to Article 14 (5) or guarantees were requested. The relevant procedural provisions of this  Regulation with regard to initiations and the conduct of investigations shall apply pursuant to  this Article. 4.  Products shall not be subject to registration pursuant to Article 14 (5) or measures where they  are accompanied by a customs certificate declaring that the importation of the goods does not  constitute circumvention. These certificates may be issued to importers, upon written application  by the authorities following authorization by decision of the Commission after consultation of the  Advisory Committee or decision of the Council imposing measures and they shall remain valid for the  period, and under the conditions, set down therein. 5.  Nothing in this Article shall preclude the normal application of the provisions in force  concerning customs duties. Article 14 General provisions 1.  Provisional or definitive anti-dumping duties shall be imposed by Regulation, and collected by  Member States in the form, at the rate specified and according to the other criteria laid down in  the Regulation imposing such duties. Such duties shall also be collected independently of the  customs duties, taxes and other charges normally imposed on imports. No product shall be subject to  both anti-dumping and countervailing duties for the purpose of dealing with one and the same  situation arising from dumping or from export subsidization. 2.  Regulations imposing provisional or definitive anti-dumping duties, or Regulations or Decisions  accepting undertakings or terminating investigations or proceedings, shall be published in the  Official Journal of the European Communities. Such Regulations or Decisions shall contain in  particular and with due regard to the protection of confidential information, the names of the  exporters, if practical, or countries involved, a description of the product and a summary of the  material facts and considerations relevant to the dumping and injury determinations. In each case,  a copy of the Regulation or Decision shall be sent to known interested parties. The provisions of  this paragraph shall apply mutatis mutandis to reviews. 3.  Special provisions, in particular with regard to the common definition of the concept of  origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the  Community Customs Code (1), may be adopted in, or pursuant to, this Regulation. 4.  In the Community interest, measures imposed pursuant to this Regulation may, after consultation  of the Advisory Committee, be suspended by a decision of the Commission for a period of nine  months. The suspension may be extended for a further period, not exceeding one year, if the Council  so decides, by simple majority, on a proposal from the Commission. Measures may only be suspended  where market conditions have temporarily changed to an extent that injury would be unlikely to  resume as a result of the suspension, and provided that the Community industry has been given an  opportunity to comment and these comments have been taken into account. Measures may, at any time  and after consultation, be reinstated if the reason for suspension is no longer applicable. 5.  The Commission may, after consultation of the Advisory Committee, direct the customs  authorities to take the appropriate steps to register imports, so that measures may subsequently be  applied against these imports from the date of such registration. Imports may be made subject to  registration following a request from the Community industry which contains sufficient evidence to  justify such action. Registration shall be introduced by Regulation which shall specify the purpose  of the action and, if appropriate, the estimated amount of possible future liability. Imports may  not be made subject to registration for a period longer than nine months. 6.  Member States shall report to the Commission on a monthly basis, on the import trade in  products subject to investigation and subject to measures and the amount of duties collected  pursuant to this Regulation. Article 15 Consultations 1.  Any consultations provided for in this Regulation shall take place within an Advisory  Committee, which shall consist of representatives of each Member State, with a representative of  the Commission as chairman. Consultations shall be held immediately at the request of a Member  State or on the initiative of the Commission and in any event within a period of time which allows  the time limits set by this Regulation to be respected. 2.  The Committee shall meet when convened by its chairman. He shall provide the Member States, as  promptly as possible, with all relevant information. 3.  Where necessary, consultation may be in writing only; in such case the Commission shall notify  the Member States and shall specify a period within which they shall be entitled to express their  opinions or to request an oral consultation which the chairman shall arrange, provided that such  oral consultation can be held within a period of time which allows the time limits set by this  Regulation to be respected. 4.  Consultation shall, in particular, cover: (i) the existence of dumping and the methods of establishing the dumping margin; (ii) the existence and extent of injury; (iii) the causal link between the dumped imports and injury; (iv) the measures which, in the circumstances, are appropriate to prevent or remedy the injury  caused by dumping and the ways and means for putting such measures into effect. Article 16 Verification visits 1.  The Commission shall, where it considers it appropriate, carry out visits to examine the  records of importers, exporters, traders, agents, producers, trade associations and organizations  and to verify information provided on dumping and injury. In the absence of a proper and timely  reply, a verification visit may not be carried out. 2.   The Commission may carry out investigations in third countries as required, provided that it  obtains the agreement of the firms concerned, it notifies the representatives of the government of  the country in question and the latter does not object to the investigation. As soon as the  agreement of the firms concerned has been obtained the Commission should notify the authorities of  the exporting country of the names and addresses of the firms to be visited and the dates agreed. 3.  The firms concerned shall be advised of the nature of the information to be verified during  verification visits and of any further information which needs to be provided during such visits,  though this should not preclude requests from being made during the verification of further details  to be provided in the light of information obtained. 4.  In investigations carried out pursuant to this paragraph, the Commission shall be assisted by  officials of those Member States who so request. Article 17 Sampling 1.  In cases where the number of complainants, exporters or importers, types of product or  transactions is large, the investigation may be limited to a reasonable number of parties, products  or transactions by using samples which are statistically valid on the basis of information  available at the time of the selection, or to the largest representative volume of production,  sales or exports which can reasonably be investigated within the time available. 2.  The final selection of parties, types of products or transactions made under these sampling  provisions shall rest with the Commission, though preference shall be given to choosing a sample in  consultation with, and with the consent of, the parties concerned, provided such parties make  themselves known and make sufficient information available, within three weeks of initiation, to  enable a representative sample to be chosen. 3.  In cases where the examination has been limited in accordance with this Article, an individual  margin of dumping shall, nevertheless, be calculated for any exporter or producer not initially  selected who submits the necessary information within the time limits provided for in this  Regulation, except where the number of exporters or producers is so large that individual  examinations would be unduly burdensome and prevent the timely completion of the investigation. 4.  Where it is decided to sample and there is a degree of non-cooperation by some or all of the  parties selected which is likely to materially affect the outcome of the investigation a new sample  may be selected. However, if a material degree of non-cooperation persists or there is insufficient  time to select a new sample, the relevant provisions of Article 18 shall apply. Article 18 Non-cooperation 1.  In cases in which any interested party refuses access to, or otherwise does not provide,  necessary information within the time limits as provided for in this Regulation, or significantly  impedes the investigation, provisional or final findings, affirmative or negative, may be made on  the basis of the facts available. Where it is found that any interested party has supplied false or  misleading information, the information shall be disregarded and use may be made of facts  available. Interested parties should be made aware of the consequences of non-cooperation. 2.  A lack of a computerized response shall not be deemed to constitute non-cooperation, provided  that the interested party shows that presenting the response as requested would result in an  unreasonable extra burden or unreasonable additional cost. 3.  Where the information presented by an interested party may not be ideal in all respects it  should not be disregarded, provided that any deficiencies are not such as to cause undue difficulty  in arriving at a reasonably accurate finding and provided the information is appropriately  submitted in timely fashion, it is verifiable and the party has acted to the best of its ability. 4.  If evidence or information is not accepted, the supplying party should be informed forthwith of  the reasons therefor and should be granted an opportunity to provide further explanations within  the time limit specified. If the explanations are considered unsatisfactory, the reasons for  rejection of such evidence or information should be disclosed and given in any published findings. 5.  If determinations, including those with respect to normal value, are based on the provisions of  paragraph 1 of this Article, including the information supplied in the complaint, it should, where  practicable and with due regard to the time limits of the investigation, be checked by reference to  information from other independent sources which may be available, such as published price lists,  official import statistics and customs returns, or information obtained from other interested  parties during the investigation. 6.  If an interested party does not cooperate, or only cooperates partially, and thus relevant  information is being withheld, the result could be less favourable to the party than if it had  cooperated. Article 19 Confidentiality 1.  Any information which is by nature confidential, (for example, because its disclosure would be  of significant competitive advantage to a competitor or because its disclosure would have a  significantly adverse effect upon a person supplying the information or upon a person from whom he  acquired the information) or which is provided on a confidential basis by parties to an  investigation shall, upon good cause shown, be treated as such by the authorities. 2.  Interested parties providing confidential information shall be required to furnish  non-confidential summaries thereof. These summaries shall be in sufficient detail to permit a  reasonable understanding of the substance of the information submitted in confidence. In  exceptional circumstances, such parties may indicate that such information is not susceptible of  summary. In such exceptional circumstances, a statement of the reasons why summarization is not  possible must be provided. 3.  If it is considered that a request for confidentiality is not warranted and if the supplier of  the information is either unwilling to make the information available or to authorize its  disclosure in generalized or summary form, such information may be disregarded unless it can be  satisfactorily demonstrated from appropriate sources that the information is correct. Requests for  confidentiality should not be arbitrarily rejected. 4.  This Article shall not preclude the disclosure of general information by the Community  authorities and in particular of the reasons on which decisions taken pursuant to this Regulation  are based, or disclosure of the evidence relied on by the Community authorities in so far as  necessary to explain those reasons in court proceedings. Such disclosure must take into account the  legitimate interest of the parties concerned that their business secrets should not be divulged. 5.  The Council, the Commission and Member States, or the officials of any of these, shall not  reveal any information received pursuant to this Regulation for which confidential treatment has  been requested by its supplier, without specific permission from the supplier. Exchanges of  information between the Commission and Member States or any information relating to consultations  made pursuant to Article 15 or any internal documents prepared by the authorities of the Community  or its Member States shall not be divulged except as specifically provided for in this Regulation. 6.  Information received pursuant to this Regulation shall be used only for the purpose for which  it was requested. Article 20 Disclosure 1.  The complainants, importers and exporters and their representative associations, and  representatives of the exporting country may request disclosure of the details underlying the  essential facts and considerations, on the basis of which provisional measures have been imposed.  Requests for such disclosure shall be made in writing immediately following the imposition of  provisional measures and the disclosure shall be made in writing as soon as possible thereafter. 2.  The parties mentioned in paragraph 1, may request final disclosure of the essential facts and  considerations, on the basis of which it is intended to recommend the imposition of definitive  measures, or the termination of an investigation or proceedings without the imposition of measures,  with particular attention being paid to the disclosure of any facts or considerations which are  different from those used for any provisional measures. 3.  Requests for final disclosure, as defined in paragraph 2, shall be addressed to the Commission  in writing and be received, in cases where a provisional duty has been applied, not later than one  month after publication of the imposition of that duty. Where a provisional duty has not been  applied, parties shall be provided with an opportunity to request final disclosure within time  limits set by the Commission. 4.  Final disclosure shall be given in writing. It shall be made, with due regard being paid to the  protection of confidential information, as soon as possible and, normally, not later than one month  prior to a definitive decision or the submission by the Commission of any proposal for final action  pursuant to Article 9. Where the Commission is not in a position to disclose certain facts or  considerations at that time, these shall be disclosed as soon as possible thereafter. Disclosure  shall not prejudice any subsequent decision which may be taken by the Commission or the Council but  where such decision is based on any different facts and considerations, these shall be disclosed as  soon as possible. 5.  Representations made after final disclosure is given shall be taken into consideration only if  received within a period to be set by the Commission in each case, which shall be at least 10 days,  due consideration being given to the urgency of the matter. Article 21 Community interest 1.  Pursuant to this Regulation, a determination as to whether the Community interest calls for  intervention shall be based on an appreciation of all the various interests taken as a whole,  including the interests of the domestic industry and users and consumers, and a determination  pursuant to this Article shall only be made where all parties have been given the opportunity to  make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the  trade distorting effects of injurious dumping and to restore effective competition shall be given  special consideration. Measures, as determined on the basis of the dumping and injury found, may  not be applied, where the authorities, on the basis of all the information submitted, can clearly  conclude that it is not in the Community interest to apply such measures. 2.  In order to provide a sound basis on which the authorities can take account of all views and  information in the decision on whether, or not the imposition of measures is in the Community  interest, the complainants, importers and their representative associations, representative users  and representative consumer organizations may, within the time limits specified in the notice of  initiation of the anti-dumping investigation, make themselves known and provide information to the  Commission. Such information, or appropriate summaries thereof, shall be made available to the  other parties specified in this Article, and they shall be entitled to respond to such  information. 3.  The parties which have acted in conformity with paragraph 2 may request a hearing. Such  requests shall be granted when they are submitted within the time limits set in paragraph 2, and  when they set out the reasons, in terms of the Community interest, why the parties should be  heard. 4.  The parties which have acted in conformity with paragraph 2, may provide comments on the  application of any provisional duties imposed. Such comments shall be received within one month of  the application of such measures if they are to be taken into account and they, or appropriate  summaries thereof, shall be made available to other parties who shall be entitled to respond to  such comments. 5.  The Commission shall examine the information which is properly submitted and the extent to  which it is representative and the results of such analysis, together with an opinion on its  merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the  Committee shall be taken into account by the Commission in any proposal made pursuant to Article  9. 6.  The parties which have acted in conformity with paragraph 2 may request the facts and  considerations on which final decisions are likely to be taken to be made available to them. Such  information shall be made available to the extent possible and without prejudice to any subsequent  decision taken by the Commission or the Council. 7.  Pursuant to this Article, information shall only be taken into account where it is supported by  actual evidence which substantiates its validity. Article 22 Final provisions This Regulation shall not preclude the application of: (i) any special rules laid down in agreements concluded between the Community and third countries; (ii) the Community Regulations in the agricultural sector and Regulation (EEC) No 1059/69 of the  Council of 28 May 1969 laying down the trade arrangements applicable to certain goods resulting  from the processing of agricultural products (1), Regulation (EEC) No 2730/75 of the Council of 29  October 1975 on glucose and lactose (2) and Regulation (EEC) No 2783/75 of the Council of 29  October 1975 on the common system of trade for ovalbumin and lactalbumin (3); this Regulation shall  operate by way of complement to those Regulations and in derogation from any provisions thereof  which preclude the application of anti-dumping duties; (iii) special measures, provided that such action does not run counter to obligations pursuant to  the GATT. Article 23 Repeal of existing legislation Regulation (EEC) No 2423/88 is hereby repealed. References to the repealed Regulation shall be  construed as references to this Regulation. Article 24 Entry into force This Regulation shall enter into force on 1 January 1995. It shall apply to proceedings and interim  review investigations initiated after 1 September 1994 and to expiry review investigations for  which the notice of impending expiry of measures has been published after the same date. However,  for proceedings initiated pursuant to Article 5 (9), the references to time limits shall only apply  after a date which the Council shall specify in a Decision to be adopted by a qualified majority no  later than 1 April 1995 on the basis of a Commission proposal to be submitted to the Council once  the necessary budgetary resources have been made available. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 22 December 1994. For the Council The President H. SEEHOFER (1) Opinion delivered on 14 December 1994 (not yet published in the Official  Journal). (2) OJ No L 209, 2. 8. 1988, p. 1. Regulation as amended by Regulation (EC) No 521/94 (OJ No L 66,  10. 3. 1994, p. 7) and Regulation (EC) No 522/94 (OJ No L 66, 10. 3. 1994, p. 10). (1) OJ No L 67, 10. 3. 1994, p. 89. (1) OJ No L 302, 19. 10. 1992, p. 1. (1) OJ No L 141, 12. 6. 1969, p. 1. (2) OJ No L 281, 1. 11. 1975, p. 20. Regulation as last amended by Commission Regulation (EEC) No  222/88 (OJ No L 28, 1. 2. 1988, p. 1). (3) OJ No L 282, 1. 11. 1975, p. 104. Regulation as last amended by Commission Regulation (EEC) No  4001/87 (OJ No L 377, 31. 12. 1987, p. 44).