THE AGREEMENT ON INTERPRETATION AND APPLICATION OF ARTICLES VI , XVI AND XXIII OF THE GATT ( CODE ON SUBSIDIES AND COUNTERVAILING DUTIES ) ;
WHEREAS IN APPLYING THESE RULES IT IS ESSENTIAL , IN ORDER TO MAINTAIN THE BALANCE OF RIGHTS AND OBLIGATIONS WHICH THESE AGREEMENTS SOUGHT TO ESTABLISH , THAT THE COMMUNITY TAKE ACCOUNT OF THEIR INTERPRETATION BY THE COMMUNITY'S MAJOR TRADING PARTNERS , AS REFLECTED IN LEGISLATION OR ESTABLISHED PRACTICE ;
WHEREAS IT IS DESIRABLE THAT THE RULES FOR DETERMINING NORMAL VALUE SHOULD BE PRESENTED CLEARLY AND IN SUFFICIENT DETAIL ; WHEREAS IT SHOULD BE SPECIFICALLY PROVIDED THAT WHERE SALES ON THE DOMESTIC MARKET OF THE COUNTRY OF EXPORT OR ORIGIN DO NOT FOR ANY REASON FORM A PROPER BASIS FOR DETERMINING THE EXISTENCE OF DUMPING , RECOURSE MAY BE HAD TO A CONSTRUCTED NORMAL VALUE ; WHEREAS IT IS APPROPRIATE TO GIVE EXAMPLES OF SITUATIONS WHICH MAY BE CONSIDERED AS NOT REPRESENTING THE ORDINARY COURSE OF TRADE , IN PARTICULAR WHERE A PRODUCT IS SOLD AT PRICES WHICH ARE LESS THAN THE COSTS OF PRODUCTION , OR WHERE TRANSACTIONS TAKE PLACE BETWEEN PARTIES WHICH ARE ASSOCIATED OR WHICH HAVE A COMPENSATORY ARRANGEMENT ; WHEREAS IT IS APPROPRIATE TO LIST THE POSSIBLE METHODS OF DETERMINING NORMAL VALUE IN SUCH CIRCUMSTANCES ;
WHEREAS IT IS EXPEDIENT TO DEFINE THE EXPORT PRICE AND TO ENUMERATE THE NECESSARY ADJUSTMENTS TO BE MADE IN THOSE CASES WHERE RECONSTRUCTION OF THIS PRICE FROM THE FIRST OPEN-MARKET PRICE IS DEEMED APPROPRIATE ;
WHEREAS , FOR THE PURPOSE OF ENSURING A FAIR COMPARISON BETWEEN EXPORT PRICE AND NORMAL VALUE , IT IS ADVISABLE TO ESTABLISH GUIDELINES FOR DETERMINING THE ADJUSTMENTS TO BE MADE IN RESPECT OF DIFFERENCES IN PHYSICAL CHARACTERISTICS , IN QUANTITIES , IN CONDITIONS AND TERMS OF SALE AND TO DRAW ATTENTION TO THE FACT THAT THE BURDEN OF PROOF FALLS ON ANY PERSON CLAIMING SUCH ADJUSTMENTS ;
WHEREAS THE TERM " DUMPING MARGIN " SHOULD BE CLEARLY DEFINED AND THE COMMUNITY'S ESTABLISHED PRACTICE FOR METHODS OF CALCULATION WHERE PRICES OR MARGINS VARY CODIFIED ;
WHEREAS IT SEEMS ADVISABLE TO LAY DOWN IN ADEQUATE DETAIL THE MANNER IN WHICH THE AMOUNT OF ANY SUBSIDY IS TO BE DETERMINED ;
WHEREAS IT SEEMS APPROPRIATE TO SET OUT CERTAIN FACTORS WHICH MAY BE RELEVANT FOR THE DETERMINATION OF INJURY ;
WHEREAS IT IS NECESSARY TO LAY DOWN THE PROCEDURES FOR ANYONE ACTING ON BEHALF OF A COMMUNITY INDUSTRY WHICH CONSIDERS ITSELF INJURED OR THREATENED BY DUMPED OR SUBSIDIZED IMPORTS TO LODGE A COMPLAINT ; WHEREAS IT SEEMS APPROPRIATE TO MAKE IT CLEAR THAT IN THE CASE OF WITHDRAWAL OF A COMPLAINT , PROCEEDINGS MAY , BUT NEED NOT NECESSARILY , BE TERMINATED ;
WHEREAS THERE SHOULD BE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION BOTH AS REGARDS INFORMATION ABOUT THE EXISTENCE OF DUMPING OR SUBSIDIZATION AND INJURY RESULTING THEREFROM , AND AS REGARDS THE SUBSEQUENT EXAMINATION OF THE MATTER AT COMMUNITY LEVEL ; WHEREAS , TO THIS END , CONSULTATIONS SHOULD TAKE PLACE