Proposal for a COUNCIL REGULATION (EC) on protection against dumped imports from countries not members of the European Community
Date: 1995-07-18
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, common commercial policy, dumping, import, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  18.07.1995 
COM(95)363  final 

95/0200 (ACC) 

Proposal  for a 

COUNCIL  REGULATION (EC) 

on protection against dumped  imports from countries not members of the European 
Community 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  By Regulation (EC) N° 3283/941, the Council adopted rules on protection against 

dumped imports from countries not members of the European Community. 

2.  This Regulation has already been amended twice since its entry into force. The  first 
amendment2 sets out the procedures to which it shall aply, in terms of time schedule 
whilst the second one3 specifies the entry into force of the time limits provided for at 
all stages of the procedure (acceptance of rejection of complaints, imposition of 
provisional measures, conclusion of investigations.) 

3.  In addition, it now appears that the publication of the translations of Regulation (EC) 
N° 3283/94 contains material linguistic errors which differ from language to language. 

4.  Recalling that the Commission attaches a great importance to simplifying and 

clarifying Community law in view of not only making it clearer and more accessible 
but also of ensuring its legal quality and transparency, the Commission therefore 
submits to the Council a proposal to repeal Regulation (EC) N° 3283/94 and adopt a 
correct and updated version of this Regulation. 

1 
2 
3 

OJ. N° 349 of 31.12.1994, p i. 
Council Regulation (EC) N° 355/95 of 20/02/1995, OJ. L 41 of 23/02/1995. 
Council Regulation (EC) N°1251/95 of 20/05/1995, OIL 122 of 2/06/1995 

£ 

COUNCIL  REGULATION  (EC) No ..../95 

of 

1995 

on protection  against  dumped  imports from  countries  not members of the  European 
Community 

THE 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(3), the Council adopted common rules for 
protection against dumped or subsidized imports from countries which are not 
members of the European  Community; 

2.  Whereas those 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^) referred to as "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); 

3.  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 respectively, to have a separate body of Community rules in 
each of those two areas;  whereas, consequently, the new rules on protection against 
subsidies and countervailing duties are contained in a separate Regulation; 

4.  Whereas, in applying the rules it is essential, in order to maintain the balance of rights 
and obligations which the GATT Agreement establishes, that the Community take 
account of how thev are interpreted by the Community's major trading partners; 

(*) 
C2) 
(3) 

OJ No 
OJNo 
OJ No L 209,2. 8. 1988, p. 1. as last amended by Regulation  (EC) No 522/94 (OJ No L  66,10. 
3. 1994, p. 10). 

5.  Whereas the new agreement on dumping, namely, the Agreement  on Implementation 
of Article VI of the General Agreement on Tariffs  and Trade  1994 (hereinafter^) 
referred to as "the  1994 Anti-Dumping Agreement"), contains new and detailed rules, 
relating in particular^ with regard) to  the calculation of dumping, procedures for 
initiating and pursuing an (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 afnd) proper and 
transparent application of the new rules, it is appropriate to transpose the language 
of the new agreements should be brought into Community legislation as far as 
possible; 

6.  Whereas it is desirable to lay down clear and detailed rules on the calculation of 

normal value; whereas  in particular such value should  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 may be disregarded, and in which recourse may 
be had to remaining sales, or to constructed  normal value, or to sales to a third 
country; whereas it is also desirable to provide for  a proper allocation of costs, even 
in start-up situations; whereas it is also appropriate to lay down guidance as to 
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) in determining the amounts for selling, general and administrative costs 
and the profit  margin that should be included in such value; 

7.  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 other reasonable basis; 

8.  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; 

9.  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 as to when and how the  adjustments 
should be  made, including the fact that any duplication of adjustments  should be 
avoided; whereas it is also necessary to provide that comparison may be made using 
average prices although individual export prices may be compared to an average 
normal value where  the former vary by customer, region or time period; 

10. Whereas it is desirable to lay down clear and detailed guidance as to 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 prevailing market conditions in the Community; 

u 

11. Whereas it is advisable to define the term 'Community industry' and  to 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; 

12. Whereas it is necessary to lay. 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 causation which such complaint  should 
contain;  whereas it is also expedient to specify the procedures for (with regard-to} 
the rejection of complaints or the initiation of proceedings; 

13. Whereas it is necessary to lay down the manner in which interested parties should 
be given notice of the information which the authorities require, and should have 
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 the rules whereby  interested 
parties are 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 in with regard to the collection of information; 

14. 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 no earlier than 60 
days from initiation and not later than nine months thereafter 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; 

15. 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 breach or withdrawal 
of undertakings and that provisional duties may be imposed in cases of suspected 
violation or where further  investigation is necessary to supplement the  findings^); 
whereas, in accepting undertakings, care should be taken that the proposed 
undertakings, and  their enforcement,  do not lead to anti-competitive behaviour; 

16. Whereas it is necessary to provide that the termination of cases should, irrespective 
of whether by termination without measures or by conclusion with  definitive 
measures are adopted or not, normally take place 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 those 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; 

r 

17. Whereas it is necessary to provide for retroactive collection of provisional duties if 
that is 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 breach or withdrawal of undertakings; 

18. 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 are not to 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; 

19. 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; 

20. 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 mere assembly of goods in the Community 
or a third country, which have as their main aim the circumvention of anti-dumping 
measures; 

21. 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; 

22. 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; 

23. 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 or subject to measures, and also the amount of duties 
collected under  this Regulation; 

24. Whereas it is necessary to provide for consultation's) 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; 

25. Whereas it is expedient to provide for verification  visits to check  information 

submitted on dumping and injury, though such visits being, however, conditional on 
proper replies to questionnaires being received; 

26. Whereas it is essential to provide for sampling in cases where the number of parties or 
transactions (are) is large in order to permit a timely completion of investigations 
within the appointed time-limits; 

27. Whereas it is necessary to provide that where parties who do not  cooperate 

satisfactorily  other information  may be used to establish findings and that such 
information  may be less favourable to the parties than if they, had cooperated; 

28. Whereas provision should be made for the treatment of confidential  information  so 

that business secrets are not divulged; 

29. Whereas it is essential that provision be made for proper disclosure of essential  facts 

and considerations to parties which qualify for  such treatment  and that such disclosure 
be made, with due regard to the decision-making process in the Community,  within a 
time period which permits parties to defend their interests; 

30. Whereas it is prudent to provide for an administrative system under which arguments 
can be presented as in relation to whether measures are in the Community interest, 
including the consumers^ 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; 

31. 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 
arc to apply, 

31. Whereas, bv Regulation (EC) No 3283/94 of 22 December 1994 on  protection 

against dumped imports from countries not members of the European 
Community^4): the Council repealed Regulation (EEC) No 2423/88 and 
instituted a new common system of defence against dumped imports from 
countries not members of the European Community: 

32. Whereas significant  errors in the text of Regulation CEO No 3283/94 became 

apparent on publication; 

33. Whereas, moreover, that Regulation has already been twice amended: 

34. Whereas, in the interests of clarity, transparency and legal certainty, that 

Regulation should therefore be repealed and replaced, without prejudice to the 
anti-dumping proceedings already initiated under it or under Regulation (EEC) 
No 2423/88: 

HAS ADOPTED THIS REGULATION: 

(4) 

OJ No L 349, 31.12.1994, p.l. Regulation as last amended by Regulation (EC) No 1251/95, (OJ 
No L 122, 2.06.1995, p. 1.) 

¥ 

Article  1 

Principles 

An anti-dumping duty may be applied to any dumped product whose release for 

1. 
free circulation in the Community causes injury. 

A product is to be considered as being dumped if its export price to the 
2. 
Community is less than a comparable price for the like product, in the ordinary course of 
trade, as established for the exporting country. 

The exporting country shall normally be the country of origin. However, it may be 

3. 
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, that is to say, 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 

The normal value shall normally be based on the prices paid or payable, in the 

1. 
ordinary course of trade, by independent customers in the exporting country. 

However, where the exporter in the exporting country does not produce or does not sell 
the like product, the normal value may be established on the basis of prices of other sellers 
or producers. 

Prices between parties which appear to be associated or to have a compensatory 
arrangement with each other may not be considered to be in the ordinary course of trade 
and may not be used to establish normal value unless it is determined that they are -not 
unaffected  by the relationship. 

2. 
Sales of the like product  intended for domestic consumption^ shall normally be 
used to determine normal value if such sales volume constitutes 5 % or more of the sales 
volume of the product under consideration to the Community. However, a lower  volume 
of sales may be used when, for example, the prices charged are 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 on the basis of the export prices, in 
the ordinary course of trade, to an appropriate third country,  provided that those 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 unit production costs (fixed and variable) 
costs of production plus selling, general and administrative co"sts 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. 

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. 

The extended period of time should shall 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 estabhshed 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. 

For the purpose of paragraphs 1 to 7, (Costs shall normally be calculated on the 

5. 
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 that it is shown that the records reasonably reflect the costs associated with the 
production and sale of the product under consideration. 

Consideration shall be given to evidence submitted on the proper allocation of costs, 
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 sub-
paragraph, costs shall be adjusted appropriately for those non-recurring items of cost 
which benefit future and/or current production. 

«5 

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 the second sub-paragraph of paragraph 4. 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 where  it is submitted prior to  verification visits and within three months of 
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: 

(a) 

(b) 

(c) 

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; 

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; 

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. 

In the case of imports from non-market economy countries and, in particular, 

7. 
those to which Council Regulation (EC) No 519/94 of 7 March 1994 on common rules 
for imports from certain third countries and repealing Regulations (EEC) No 
1765/82, (EEC)  No 1766/82 and 3420/83 (5) 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 
those 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. 

(5) 

OJ No L 67, 10. 3. 1994, p. 89. 

For the purpose of this paragraph, An appropriate market economy third country shall 
be selected in a not unreasonable manner, with due account being taken of (a«v) any 
reliable information made available at the time of selection. Account shall also be taken of 
time limits ané i where appropriate, a market economy third country which is subject to 
the same investigation shall be used. 

The parties to the investigation shall be informed shortly after its initiation of the market 
economy third country envisaged and shall be given 10 days to comment. 

B. EXPORT PRICE 

The export price shall be the price actually paid or payable for the product when 

8. 
sold for export from the exporting country to the Community. 

In cases where there is no export price or where it appears that the export price is 

9. 
unreliable because of  an association or a compensatory arrangement between the 
exporter and the importer or a third party, the export price may be constructed 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(j) or are not resold in the 
condition as in which they were imported, on any reasonable basis. 

In these cases, adjustment for all costs, including duties and taxes, incurred between 
importation and resale, and for profits accruing, shall be made so as to establish a reliable 
export price, at the Community frontier level. 

The items for which adjustment  shall be made shall include those normally borne by an 
importer but paid by any party, either inside or outside the Community, which appears to 
be associated or to have a compensatory arrangement with the importer or exporter, 
including: usual transport, insurance, handhng, 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 estabhshed 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 hence(^ 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 as follows hereafter: 

M 

(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 intended for consumption in the 
exporting country and not collected or refunded  in respect of the product  exported 
to the Community. 

(c) 

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. Those 
costs shall include comprise transport, insurance, handling, loading and ancillary 
costs. 

(f) 

Packing 

An adjustment  shall be made for differences  in the (respective,) directly related 
packing costs of the packing for the product  concerned. 

JSL 

(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 shall be made using the rate of exchange on the date of sale, provided 
except 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 shall be the date of invoice but the date of 
contract, purchase order or order confirmation^) may be used if these more 
appropriately establish the material  terms of sale. Fluctuations in exchange rates 
shall be ignored and exporters shall be granted 60 days to reflect  a sustained 
movement in exchange rates during the investigation period of investigation. 

D. DUMPING MARGIN 

Subject to the relevant provisions governing fair comparison, the existence of 

11. 
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 differs  significantly  among different  purchasers, regions or 
time periods, and if 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 
estabhshed. 

-43 

Article 3 

Determination of injury 

Pursuant to this Regulation, the term 'injury' shall, unless otherwise specified, be 
1. 
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 shall 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 those imports on the Community industry. 

With regard to the volume of the dumped imports, consideration shall be given as 

3. 
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 
would otherwise would have occurred, to a significant  degree. No one or several more 
of these factors can necessarily give decisive guidance. 

Where imports of a product from more than one country are simultaneously 

4. 
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 Est is not 
exhaustive, nor can any one or several more of these factors  necessarily give decisive 
guidance. 

^ 

It must be demonstrated, from all the relevant evidence presented in relation to 

6. 
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. 

Known factors other than the dumped imports(*) which at the same time are 

7. 
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, restrictive trade restrictive practices of, and competition between, the 
foreign third country and Community producers, developments in technology and the 
export performance and productivity of the Community industry. 

The effect  of the dumped imports shall be assessed in relation to the production of 

8. 
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 possibihty. The change in circumstances which 
would create a situation in which the dumping would cause injury must be clearly foreseen 
and imminent. 

In making a determination regarding the existence of a threat of material injury, 
consideration should be given to(*) inter alia(v) such factors as: 

(a) 

(b) 

a significant rate of increase of dumped imports into the Community 
market indicating the likelihood of substantially increased imports; 

sufficient freely disposable capacity of the exporter or an imminent^) and 
substantial increase in such capacity of the exporter indicating the 
likelihood of substantially increased dumped exports to the Community, 
taking into account being taken of the availability of other export 
markets to  absorb any additional exports; 

(c)  whether imports are entering at prices that would, to a significant degree, 

depress prices or prevent price increases which otherwise would have 
occurred, and would probably likely increase demand for further imports; 
and 

(d) 

inventories of the product being investigated. 

/i<r 

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 will occur. 

Article 4 

Definition of Community industry 

For the purposes of this Regulation, the term 'the Community industry' shall be 

1. 
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: 

(a)  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; 

in exceptional circumstances the territory of the Community may, for the 
(b) 
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)(i} the 
producers within  such a market sell all or almost all of their production of the product in 
question in that market, and (¥Mii) 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. 

For the purpose of paragraph 1, producers shall be considered to be related to 

2. 
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. 

M 

Article 5 

Initiation of proceedings 

Except as provided for in Article 5(6) paragraph 6, an investigation to determine 

1. 
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. 

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. 

Where, in the absence of any complaint, a Member State is in possession of sufficient 
evidence of dumping and of  resultant injury resulting therefrom (for) to 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: 

(a) 

(b) 

(c) 

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; 

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; 

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; 

A± 

(d) 

information on the evolution of changes in the volume of the allegedly dumped 
imports, the effect  of those 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). 

The Commission shall, to the degree as far as possible, examine the accuracy and 

3. 
adequacy of the evidence provided in the complaint to determine whether there is 
sufficient  evidence to justify the initiation of an investigation. 

An investigation shall not be initiated pursuant to paragraph 1 unless it has been 

4. 
determined, on the basis of an examination of as to the degree of support for, or 
opposition to, the complaint expressed by Community producers of the like product, that 
the complaint has been made by or on behalf of the Community industry. The complaint 
shall be considered to have been 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. 

The authorities shall avoid, unless a decision has been made to initiate an 

5. 
investigation, any publicising of the complaint for seeking 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. 

If in special circumstances, it is decided to initiate an investigation without having 
6. 
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 such initiation of-a« 
investigation. 

The evidence of both dumping and injury shall be considered simultaneously in the 

7. 
decision  on  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 moref*) of Community consumption. 

The complaint may be withdrawn prior to initiation, in which case it shall be 

8. 
considered not to have been lodged. 

M 

9.  Where, after consultation, it is apparent that there is sufficient  evidence to justify 
initiating a proceeding(s) the Commission shall initiate proceedings do so within 45 days 
of the lodging of the complaint and shall publish a notice in the Official Journal of the 
European Communities. Where insufficient  evidence has been presented, the (complaint) 
complainant shall, after consultation, be so informed within 45 days of the date on which 
the complaint is lodged with the Commission. 

The notice of initiation of the proceedings shall announce the initiation of an 

10. 
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). 

The Commission shall advise the exporters, importers and representative 

11. 
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 S (1) paragraph 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 may 
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 proceeding(s), 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 proceeding(s). 
Information relating to a period subsequent to the investigation period shall, normally, not 
be taken into account. 

U9 

2. 
Parties receiving questionnaires used in an anti-dumping investigation shall be 
given at least 30 days to reply. The time limit for exporters shall be counted from the date 
of receipt of the questionnaire, which for this purpose shall be deemed to have  been 
received 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 being taken of the time limits of the 
investigation, ané provided that the party gives a good reason shows due cause for 
such extension, in terms of its particular circumstances, for such extension. 

The Commission may request Member States to supply information, and Member 

3. 
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. 

The Commission may request Member States to carry out all necessary checks and 

4. 
inspections, particularly amongst importers, traders and Community producers, and to 
carry out investigations in third countries, provided that the firms concerned give their 
consent and that the government of the country in question has been officially  notified 
and raises no objection. Member States shall take whatever steps are necessary in order to 
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. 

The interested parties^ which have made themselves known in accordance with 

5. 
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 proceeding(s) 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 confirmed in writing. 

J&> 

The complainants, importers and exporters and their representative associations, 

7. 
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 shall be taken into consideration, 
to the extent that wherever they are sufficiently  substantiated in the  response. 

Except in the circumstances provided for in Article 18, the information which is 

8. 
supplied by (interest cd) interested parties (an) and upon which findings are basedfc) 
shall be examined for accuracy to the degree as far as possible. 

For proceedings initiated pursuant to Article 5 (9), an investigation shall, 

9. 
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 

Provisional measures duties may be applied imposed if proceedings have been 

1. 
initiated in accordance with the provisions of Article 5, if a publie 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), if a provisional 
affirmative determination has been made of dumping and consequent injury to the 
Community industry, and if the Community interest calls for intervention to prevent such 
injury. The  provisional measures duties shall be imposed no sooner earlier than 60 days 
from  the initiation of the proceedings but not later than nine months from the initiation of 
the proceedings. 

The amount of the provisional anti-dumping duty shall not exceed the margin of 

2. 
dumping as provisionally estabhshed, but it should be less than the margin^) if such lesser 
duty would be adequate to remove the injury to the Community industry. 

Provisional measures duties shall take the form of a security be secured bv a 

3. 
guarantee, and the release of the products concerned for free circulation in the 
Community shall be conditional upon the provision of such security guarantee. 

The Commission shall take provisional action after consultation or, in cases of 

4. 
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. 

£4 

5.  Where a Member State requests immediate intervention by the Commission and 
where the conditions in Article 7 (1) paragraph 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 shall be imposed. 

The Commission shall forthwith inform the Council and the Member States of any 

6. 
decision taken under this article paragraphs 1 to 5. 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 

Investigations may be terminated without the imposition of provisional or 
1. 
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. 

Undertakings may be suggested by the Commission, but no exporter shall be 

2. 
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 such as where the number of actual or potential exporters is 
too great, or for other reasons, including reasons of general policy. The exporter 
concerned may  be provided with the basis on reasons for which it is intended to 
proposed to reject the offer of an undertaking and may be given an opportunity to make 
comments thereon. The reasons for rejection shall be set out in the definitive decision. 

Parties which offer an undertaking shall be required to provide a non-confidential 
4. 
version of such undertaking, so that it may be made available to interested parties to the 
investigation. 

Jtt 

5.  Where undertakings are, after consultation, accepted and where 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 be deemed terminated if, within one month, the Council, 
acting by a qualified majority, has not decided otherwise. 

If the undertakings are accepted, the investigation of dumping and injury shall 

6. 
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 it may be required 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. 

The Commission shall require any exporter from which an undertaking has been 

7. 
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 breach 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. 

In case of violation breach or withdrawal of undertakings by any party, a 

9. 
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 o& as to dumping and 
injury and that the exporter concerned has, except in the case of where he himself has 
withdraw(al)n of the undertaking by the exporter, has and 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 breached, or in case of violation breach or withdrawal of 
an  undertaking where the investigation which led to the undertaking was has not been 
concluded. 

23 

Article 9 

Termination without measures'*) ; imposition of definitive  duties 

Where the complaint is withdrawn, the proceeding(s) may be terminated unless 

1. 
such termination would not be in the Community interest. 

Where, after consultation, protective measures are unnecessary and there is no 

2. 
objection raised within the Advisory Committee, the investigation or proceeding(s) 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 proceeding's) 
be terminated. The proceeding's) shall stand be deemed terminated if, within one month, 
the Council, acting by a qualified majority, has not decided otherwise. 

For a proceeding's) initiated pursuant to Article 5 (9), injury shall normally be 

3. 
regarded as negligible where the imports concerned represent less than the volumes set 
out in Article 5 (7). For the same proceeding's), 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 proceeding's) and may be reinvestigated in any subsequent review carried 
out for the country concerned pursuant to Article  11. 

4. 
Where the facts as finally estabhshed 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 estabhshed but it should be less 
than the margin if such lesser duty would be adequate to remove the injury to the 
Community industry. 

An anti-dumping duty shall be imposed in the appropriate amounts in each case, 

5. 
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 
imposing the duty shall specify the duty for each supplier or, if that is impracticable, 
and(j) 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 in the  circumstances referred to in 
Article 18. The authorities shall apply Individual duties shall be applied to imports 
from  any exporter or producer which is granted individual treatment, as provided for in 
Article 17. 

£M 

Article 10 

Retroactivity 

Provisional measures and definitive anti-dumping duties shall only be applied to 
1. 
products which enter free circulation after the time when the decision taken pursuant to 
Articles 7 (1) or 9 (4)(Ï), as the case may be, enters into force,  subject to the  exceptions 
set out in this Regulation. 

Where a provisional duty has been applied and the facts as finally established  show 

2. 
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. 

A definitive anti-dumping duty may be levied on products which were entered  for 

4. 
consumption not more than 90 days prior to the date of application of provisional 
measures and but not prior to the initiation of the investigation, provided that imports 
have been registered in accordance with Article  14 (5), the Commission has provided 
allowed the importers concerned with an opportunity to comment, and: 

(a) 

(b) 

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 

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 breach 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 breach or withdrawal 
of the undertaking. 

s*r 

Article JI 

Duration, reviews and  refunds 

An anti-dumping measure shall remain in force only as long as, and to the extent 

1. 
that, it is necessary to counteract the dumping which is causing injury. 

A definitive anti-dumping measure shall expire five years from its imposition or 
2. 
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. 

An expiry review shall be initiated where the request contains sufficient  evidence that the 
removal expiry 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. 

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 documented evidence presented in relation to the question of as to whether 
the removal expiry of measures would be likely, or unlikely, to lead to the continuation 
or  recurrence of dumping and injury. 

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 the second sub-
paragraph-^-'a). A notice announcing the actual expiry of measures pursuant to this 
paragraph shall also be published. 

The need for the continued imposition of measures may also be reviewed, where 

3. 
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. 

9£ 

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 that 
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. 

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 estabhshed in accordance with under Article 3 of this Regulation. 
In these respects, account shall be taken in the final determination of all relevant and 
duly supported documented evidence in the final dctcrminatioft. 

A review shall also be carried out for the purpose of determining individual 

4. 
margins of dumping for new exporters in the exporting country in question which have 
not exported the product during the period of investigation on which the measures were 
based. 

The review shall be initiated where a new exporter or producer can show that it is not 
related to any of the exporters or producers in the exporting country which are subject to 
the anti-dumping measures on the product, and that (where they) it has have actually 
exported to the Community following the abovementioned investigation period, or where 
(they) it can demonstrate that (they have) it has entered into an irrevocable contractual 
obligation to export a significant quantity to the Community. 

A review for a new exporter shall be initiated, and carried out on an accelerated basis, 
after consultation of the Advisory Committee and after 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 has imposed the such duty, and by. 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. 

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. 

Kl 

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 proceeding's) 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. 

In order to requesting 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. 

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, en of 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 with the exporter or  producer concerned and 
such information is not immediately available, or where 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. 

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,anë whereupon 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) extent a refund is justified. Refunds of duties shall normally 
take place within 12 months, and in no ease circumstances 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. 

& 

In all review or refund  investigations carried out pursuant to this Article, the 

9. 
Commission shall, apply, in so far  as provided  that circumstances have not changed, 
apply 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. 

In any investigation carried out pursuant to this Article, the Commission shall 

10. 
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 it 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 

Where the Community industry submits sufficient  information  showing that 

1. 
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. 

During a» re-investigation pursuant to this Article, exporters, importers and 

2. 
Community producers shall be provided with an opportunity to clarify the situation with 
regard to resale prices and subsequent selling prices^ ané if it is concluded that the 
measure should have led to movements in such prices, then, 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 has 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. 

The relevant provisions of Articles 5 and Article 6 shall apply to any review 

4. 
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. 

Alleged changes in normal value shall only be taken into account pursuant to 

5. 
under 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 re-investigation. 

# 

Article 13 

Circumvention 

Anti-dumping duties imposed pursuant to this Regulation may be extended to 

1. 
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 where 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 estabhshed for the like or similar products. 

An assembly operation in the Community or a third country shall be considered to 

2. 
circumvent the measures in force where: 

(a) 

(b) 

(çj 

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 

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 

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 on which registration was  imposed pursuant to Article 
14 (5) or on which 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. 

5o 

5. 

Nothing in this Article shall preclude the normal application of the provisions in 

force concerning customs duties. 

Article  14 

General  provisions 

Provisional or definitive anti-dumping duties shall be imposed by Regulation, and 

1. 
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. 

Regulations imposing provisional or definitive anti-dumping duties, or and 

2. 
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 possible, or of the 
countries involved, a description of the product and a summary of the material facts and 
considerations relevant to the dumping and injury determinations. In each case, a copy of 
the Regulation or Decision shall be sent to known interested parties. The provisions of 
this paragraph shall apply mutatis mutandis to reviews. 

Special provisions, in particular with regard to the common definition of the 

3. 
concept of origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 
1992 establishing the Community Customs Code (6), may be adopted in, or pursuant 
to(*) this Regulation. 

In the Community interest, measures imposed pursuant to this Regulation may, 

4. 
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, acting by simple majority's) 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. 

The Commission may, after  consultation of the Advisory Committee, direct the 

5. 
customs authorities to take the appropriate steps to register imports, so that measures may 
subsequently be applied against those imports from the date of such  registration. Imports 
may be made subject to 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 shall not be made subject to 
registration for a period longer than nine months. 

(6) 

OJ No L 302, 19. 10. 1992, p. 1. 

6. 
Member States shall report to the Commission on a monthly  basis every month. 
on the import trade in products subject to investigation and subject to measures, and on 
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 hmits set by this Regulation to be respected 
adhered to. 

The Committee shall meet when convened by its chairman. He shall provide the 

2. 
Member States, as promptly as possible, with all relevant information. 

Where necessary, consultation may be in writing only; in such case that event, the 

3. 
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 adhered to. 

4. 

Consultation shall cover, in particulars-cover: 

(a) 

the existence of dumping and the methods of establishing the dumping margin; 

(b) 

the existence and extent of injury; 

(ç) 

the causal link between the dumped imports and injury; 

(d) 

the measures which, in the circumstances, are appropriate to prevent or remedy 
the injury caused by dumping and the ways and means for of 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. 

T/L 

The Commission may carry out investigations in third countries as required, 

2. 
provided that it obtains the agreement of the firms concerned, that it notifies the 
representatives of the government of the country in question and that the latter does not 
object  to the investigation. As soon as the agreement  of the firms concerned has been 
obtained the Commission should notify the authorities of the exporting country of the 
names and addresses of the firms to be visited 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 for further  details to be provided in the light of information  obtained. 

In investigations carried out pursuant to this paragraphs 1,2 and 3 Article, the 

4. 
Commission shall be assisted by officials  of those Member States who so request. 

Article 17 

Sampling 

In cases where the number of complainants, exporters or importers, types of 

1. 
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 of the investigation, to enable a representative sample to 
be chosen. 

In cases where the examination has been limited in accordance with this Article, an 

3. 
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 would prevent 
the timely completion of the investigation in good time. 

Where it is decided to sample and there is a degree of non-cooperation by some or 

4. 
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. 

3} 

Article  18 

Non-cooperation 

In cases in which any interested party refuses access to, or otherwise does not 

1. 
provide, necessary information within the time limits as provided lor 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. 

A lack of Failure to give a computerized response shall not be deemed to 
2. 
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 submitted by an interested party-«ay is not be 
ideal in all respects it should nevertheless not be disregarded, provided that any 
deficiencies are not such as to cause undue difficulty in arriving at a reasonably accurate 
finding  and provided that the information is appropriately submitted in good timely 
fashion, it and is verifiable, and that the party has acted to the best of its ability. 

If evidence or information is not accepted, the supplying party should shall be 

4. 
informed forthwith of the reasons therefor and should shall 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 shall be disclosed and given in any pubhshed  findings. 

If determinations, including those with respect to regarding  normal value, are 

5. 
based on the provisions of paragraph 1  of this Article, including the information supplied 
in the complaint, it should shall 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 pubhshed price lists, official import statistics and 
customs returns, or information obtained from other interested parties during  the 
investigation. 

If an interested party does not cooperate, or only cooperates only partially, and 

6. 
thus so that relevant information is being thereby withheld, the result eould may 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 has acquired the information) or which is 

3i/ 

provided on a confidential  basis by parties to an investigation  shall, upon if good cause is 
shown, be treated as such by the authorities. 

Interested  parties providing confidential  information  shall be required to  furnish 

2. 
non-confidential  summaries thereof. Those 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 confidentiahty  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 shall not be arbitrarily  rejected. 

This Article shall not preclude the disclosure of general information by the 
4. 
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 is necessary to explain those reasons in court proceedings. Such 
disclosure must take into account the legitimate interests of the parties concerned that 
their business secrets should not be divulged. 

The Council, the Commission and Member States, or the officials  of any of these, 

5. 
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. 

Information  received pursuant to this Regulation shall be used only for the purpose 

6. 
for which it was requested. 

Article 20 

Disclosure 

The complainants, importers and exporters and their representative associations, 

1. 
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 

i<; 

of any facts or considerations which are different from those used for any provisional 
measures. 

Requests for final disclosure, as defined  in paragraph 2, shall be addressed to the 

3. 
Commission in writing and be received, in cases where a provisional duty has been 
apphed, not later than one month after pubhcation of the imposition of that duty.  Where a 
provisional duty has not been apphed, 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 
paie had 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. 

Representations made after final disclosure is given shall be taken into 
5. 
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 

Pursuant to this Regulation, A determination as to whether the Community 

1. 
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. 

In order to provide a sound basis on which the authorities can take account of all 

2. 
views and information in the decision on as to 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. 

The parties which have acted in conformity with paragraph 2 may request a 
3. 
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. 

The parties which have acted in conformity  with paragraph 2^  may provide 

4. 
comments on the apphcation of any provisional duties imposed.  Such comments shall be 
received within one month of the apphcation 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. 

The parties which have acted in conformity with paragraph 2 may request the facts 

6. 
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. 

Pursuant to this Article» Information  shall only be taken into account where it is 

7. 
supported by actual evidence which substantiates its validity. 

Article 22 

Final  provisions 

This Regulation shall not preclude the apphcation  of: 

(a) 

(b) 

any special rules laid down in agreements concluded between the Community and 
third countries; 

the Community Regulations in the agricultural sector and Council Regulations 
(EEC) No 3448/93T), 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 » Regulation (EEC) No 2730/75 of the Council of 29 
October 1975 on glucose and lactose (8) and Regulation (EEC) No 2783/75 of 
the Council of 29 October 1975 on the common system of trade for 
ovalbumin and lactalbumin (9); this Regulation shall operate by way of 
complement to those Regulations and in derogation from any provisions thereof 
which preclude the apphcation of anti-dumping duties; 

(c) 

special measures, provided that such action does not run counter to  obhgations 
pursuant to the GATT. 

(7) 
(8) 

(*) 

OJ No L 318,20.12.93, p. 18. 
OJ No L 281,1. 11.1975, p. 20. Regulation as amended by Commission Regulation (EEC) No 
222/88 (OJ No L 28,1. 2.  1988, p. 1). 
OJ No L 282,1.11.1975, p. 104. Regulation as last amended by Regulation (EEC) No 3290/94 
(OJ No L 349, 31. 12. 1994, p. 105). 

¥ 

Article 23 

Repeal of existing legislation and transitional measures 

Regulation (EO No 3283/94 is hereby repealed, with the exception of the  first 
paragraph of Article 23 thereof. 

However, the repeal of Regulation (EC) No 3283/94 shall not preiudice the validity 
of proceedings initiated thereunder. 

References to Regulation ŒEO No 2423/88 and to Regulation (EC) No 3283/94 
shall be construed as references to this Regulation, where appropriate. 

Article 24 

Entry into force 

This Regulation shall enter into force on the day of its publication in the Official 
Journal of the European Communities. 

However, the time limits provided for in Articles 5 (9). 6 (9) and 7 (1) shall apply to 
complaints lodged under Article 5 (9) as from 1 September 1995 and investigations 
initiated pursuant to such complaints. 

This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 

Done at Brussels,.......... 

..... 1995. 

For the Council 

The President 

^ 

ISSN 0254-1475 

COM(95) 363  final 

DOCUMENTS 

EN 

02  U 

Catalogue number  : CB-CO-95-387-EN-C 

ISBN 92-77-91898-5 

Office for Official Publications of the European Communities 

L-2985 Luxembourg