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Table of contents back to top
I.
General back to top
A.
Object and Purpose of the Anti-Dumping Agreement
I.
Article 1 back to top
A. Text
of Article 1
B. Interpretation and
Application of Article 1
1. General
(a) “anti-dumping
measure”
(b) “initiated
and conducted in accordance with the provisions of this Agreement”
(c)
Relationship with other Articles
III.
Article 2 back to top
A. Text
of Article 2
B. Interpretation and Application of
Article 2
1. General
(a) Period of
data collection
(i)
Recommendation by the Committee Anti-Dumping Practices
(ii) Role of
the period of investigation
2. Article 2.1
(a) General
(b) “Product”
(c) “like
product”
(d) “less
than its normal value”:
calculation of normal value
(i) Use of
sales transactions for calculating normal value
(ii) Use of
downstream sales for calculating normal value
(e) Sales “in
the ordinary
course of trade”
(i) Definition
of sales “in
the ordinary course of trade”
(ii)
Investigating authorities’
discretion under Article
2.1
(iii) Sales
not in the ordinary course of trade
(f) Request for information
(g) Relationship with other paragraphs of Article
2
(i) Article
2.2.1
(ii) Article
2.4
(h) Relationship with other Articles
(i) Article 3.6
3. Article 2.2
(a) Request for cost information
(b) Article 2.2.1
(i) “Reasonable
period of time”
(ii) Article
2.2.1.1
(c) Article 2.2.2
(i) Amounts
based on actual data pertaining to production and sales of the like
product
(ii) Use of
low-volume sales in determining selling, general and administrative
costs (SG&A) and profits
for the purpose of
calculating constructed normal value
(iii) Ordinary course
of trade
(iv) Priority of options
(v) Relationship with Article 2.2.1.1
(vi) Article 2.2.2(i) — “same general category of products”
(vii) Article 2.2.2(ii) —
“weighted average”
and data from “other
exporters or producers”
(viii)
Article 2.2.2(ii) —
production
and sales amounts “incurred
and realized”
(ix) Article
2.2.2(ii) —
should
“weighted”
average be based on the
value or the volume of
sales?
(x) No
separate “reasonability”
test
(xi) Article
2.2.2(iii)
(d) Relationship with other paragraphs of Article
2
4. Article 2.3
5. Article 2.4
(a) First sentence
(i) Fair comparison of export price and normal
value
(ii) Relationship with other sentences
(b) Second sentence
(i) “sales
made at as nearly as possible the same time”
(c) Third sentence: “Due
allowance”
(i) “in
each case, on its merits”
(ii) “differences
which are demonstrated to affect price comparability”
(iii) Differences in “terms
and conditions of sale”
(d) Fourth sentence
(i) Legal effect (“should”)
(ii) “costs
… incurred
between importation and resale”
(e) Fifth sentence: “the
authorities shall”
(f) Sixth sentence: “The
authorities shall indicate… what
information is necessary”
(g) Article 2.4.1
(i) Scope of Article 2.4.1
(ii) “required”
(iii) Relationship with Article 2.4
(h) Article 2.4.2
(i) “model
zeroing” and
“simple
zeroing”
(ii) “margins”
(iii) Weighted average normal value / weighted
average export price, the first
methodology “
(iv) Transaction normal value / Transaction export
price, the second methodology
(v) Weighted average normal value / individual
transactions export price, the third methodology
(vi) “Zeroing
procedures” as
a measure that can be challenged “as
such”
(vii) Zeroing as an allowance or adjustment
(viii) Relationship between subparagraphs Article
2.4
(i)
Relationship with other paragraphs of Article 2
6. Article 2.6
7. Article 2.7
8. Relationship with other Articles
(a) Relationship with Article 2.1
(b) Relationship with Article 6
9. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
(b) Article X of the GATT 1994
(c) Protocols of Accession
IV.
Article 3 back to top
A. Text
of Article 3
B. Interpretation and Application of
Article 3
1. General
(a) Agreement
on Subsidies and Countervailing Measures (SCM Agreement)
(b)
Relationship with other paragraphs of Article 3
(c) Period of
data collection
(i)
Jurisprudence
(ii)
Recommendation by the Committee Anti-Dumping Practices
2. Footnote 9
3. Article 3.1
(a) Significance
of paragraph 1 within the context of Article 3
(b) Period of
investigation
(c)
Investigating authorities’
obligation under Article 3.1
(i) “positive
evidence”
(ii) “Objective
examination”
(iii)
Relationship with Article 3.4
(d) Volume
and
price effects
(e) Injury
(f) Causation
/ Non-attribution
(g) “the
effect of dumped imports”
(h) Relationship
with other paragraphs of Article 3
4. Article 3.2
(a) Choice of
analytical methodology
(i) General
(ii)
Frequency of analysis
(iii) Length
of period of investigation
(b) “a
significant
increase in dumped imports”
(c) “the
effect of the dumped imports on prices”
(d) “price
undercutting”
(e) Relationship with other paragraphs of Article
3
5. Article 3.3
(a) Relationship with other paragraphs of Article
3
(b) Conditions for cumulation —
general
(c) Conditions for cumulation —
appropriate in light of the “conditions
of competition”
6. Article 3.4
(a) “dumped
imports”
(b) “domestic
industry”
(i) Sectoral
analysis
(ii)
Domestic producers outside the “sample”
(iii)
Companies outside the domestic industry
(c) “all
relevant economic factors and indices having a bearing on the state of
the industry”
(i)
Mandatory or illustrative nature of the list of factors
(ii) Other
factors not listed in Article 3.4
(iii) “having
a bearing on”
(d) Evaluation of relevant factors
(i) Concept
of evaluation
(ii)
Evaluation of all listed factors
(e) Relationship with other paragraphs of Article 3
7. Article 3.5
(a) Article 3.5 requirements for investigating authorities
(b) Scope of the non-attribution language in Article 3.5
(c) “dumped
imports”
(d) “any
known factors other than dumped imports”
(i) Concept of known factors
(ii) Illustrative list of known factors
(e) Non-attribution methodology
(f) Relationship with other paragraphs of Article 3
8. Article 3.6
(a) Domestic industry production
9. Article 3.7: threat of material injury
(a) “change
in circumstances”
(b) Requirement to “consider”
factors of Article 3.7
(c) Article 3.7(i): “likelihood
of substantially increased importation”
(d) Analysis of the “consequent
impact” of
dumped imports on the domestic industry
(e) Distinction between the roles of the investigating authorities
and the Panel
(f) Relationship with other paragraphs of Article 3
10. Article 3.8
11. Relationship with other Articles
(a) Articles 1, 9 and 18
(b) Article 4
(c) Article 5
(d) Article 6
(e) Article 11
(f) Article 12
(g) Article 17
12. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
(b) Agreement on Safeguards
V. Article 4
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A. Text of Article 4
B. Interpretation and Application of Article 4
1. General
(a) Agreement on Subsidies and Countervailing Measures
(SCM
Agreement)
2. Article 4.1
(a) “domestic
industry”
(b) “domestic
producers”
(c) “a
major proportion of the total domestic production”
3. Relationship with other Articles
VI. Article 5
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A. Text of Article 5
B. Interpretation and Application of Article 5
1. General
(a) The Doha mandate
(b) Agreement on Subsidies and Countervailing Measures
(SCM
Agreement)
2. Article 5.2
(a) General
(b) “evidence
of … dumping”
(c) “evidence
of … injury”
(d) “evidence
of … causal
link” —subparagraph
(iv)
(e) “simple
assertion, unsubstantiated by relevant evidence”
(f) Relationship with other paragraphs of Article 5
3. Article 5.3
(a) “sufficient
evidence to justify the initiation of an investigation”
(i) Distinction from the requirements under Article 5.2
(ii) Sufficiency
of evidence to initiate
(iii) Sufficient
evidence of dumping
(iv) Sufficient
evidence of injury
(v) Standard of review —
relationship with Article
17.6
(b) “shall
examine the accuracy and adequacy of the evidence provided in the
application”
(c) Relationship with other paragraphs of Article 5
4. Article 5.4
(a) General
(b) Relationship with Article 11.4 of the SCM Agreement
5. Article 5.5
(a) “before
proceeding to initiate”
(b) “notify
the government”
(i) General
(ii) “Oral”
notification
(iii) Content of notification
(c) “Harmless
error” with
respect to Article 5.5 violation/Rebuttal against nullification
or impairment presumed from a violation of Article 5.5
6. Article 5.7
7. Article 5.8
(a) Rejection of an application to initiate an investigation
(b) “an
immediate termination”
(c) “cases”
(d) “de
minimis” test
(e) “margin
of dumping”
(f) Exclusion of exporters from subsequent administrative and changed
circumstances reviews
(g) Negligible import volumes
(h) Relationship with other paragraphs of Article 5
8. Relationship with other Articles
(a) Article 1
(b) Article 2
(c) Article 3
(d) Article 6
(e) Article 9
(f) Article 10
(g) Article 12
(h) Article 17
(i) Article 18
9. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
VII. Article 6
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A. Text of Article 6
B. Interpretation and Application of Article 6
1. Article 6.1
(a) General: due process rights
(b) “notice
of the information which the authorities require”
(c) “ample
opportunity to present … evidence”
(d) Scope of Article 6.1
(e) Article 6.1.1
(i) “questionnaires”:
Scope of Article 6.1.1
(ii) Failure to issue a questionnaire
(iii) Deadlines
(iv) “Due
consideration should be given to any request for an extension of the 30-
day period”
(v) Article 6.1.1, footnote 15
(f) Article 6.1.2
(i) “evidence
presented … by
one party shall be made available promptly to other interested parties”
(ii) “interested
parties participating in the investigation”
(iii) “subject
to the requirement to protect confidential
information”
(g) Article 6.1.3
(h) Relationship with other paragraphs of Article 6
2. Article 6.2
(a) “shall
have a full opportunity for the defence of their interests”
(i) Article 6.2, first
sentence as a fundamental due process provision
(ii) Nature and extent of obligations under Article 6.2
(b) Relationship with other provisions of the Agreement
3. Article 6.4
(a) “information”
that must be disclosed under
Article 6.4
(i) “information
… relevant
to the presentation of their cases”
and “used
by the authorities”
(ii) Information already available to the interested parties
(b) “timely
opportunities for all interested parties to see all information”
(c) No independent disclosure obligation
(d) Confidentiality:
access to own confidential
information
(e) Relationship with other paragraphs of Article 6
4. Article 6.5
(a) “Any
information which is by its nature confidential”
(i) Nature of confidential
information protected
(ii) Scope of information protected under Article 6.5
(b) “upon
good cause shown”
(i) Scope of “good
cause”
(ii) Requirement for “good
cause” to
be shown
(c) “Such
information shall not be disclosed without specific
permission”
(d) Article 6.5.1
(e) Disclosure of confidential
information under protective order
(f) Article 6.5.2
(g) Relationship with other paragraphs of Article 6
5. Article 6.6
(a) “satisfy
themselves as to the accuracy of the information”
(b) Burden on the investigating authorities
6. Article 6.7 and Annex I
(a) Relationship between Article 6.7 and Annex I
(b) On-the-spot verifications
as an option
(c) Information verifiable
on-the-spot
(d) Disclosure obligations in the on-the-spot verification
(e) Participation of non-governmental experts in the on-the-spot verification
7. Article 6.8 and Annex II: “facts
available”
(a) General
(i) Function of Article 6.8 and Annex II
(ii) Relationship between Article 6.8 and Annex II
(iii) Mandatory nature of Annex II provisions
(b) Paragraph I of Annex II
(c) Authorities’ duty
to “specify
in detail the information required from an interested party”
(i) “as
soon as possible”
(ii) Failure to specify in detail the information required
(d) When to resort to facts available
(e) When not to resort to facts available
(f) Information which is “verifiable”
(i) General
(ii) When is information verifiable?
(iii) Relevance of good faith cooperation
(g) Information “appropriately
submitted so that it can be used in the investigation without undue difficulties”
(h) Necessary information submitted in a timely fashion
(i) Timeliness
(ii) “necessary
information”
(iii) Information submitted after a deadline
(iv) “within
a reasonable period” and
“within
reasonable time”
(i) Information submitted in the medium or computer language
requested
(j) Non-cooperation: “refuse
access to, or otherwise does not provide”
(i) Meaning of cooperation
(ii) Degree of cooperation: “to
the best of its ability”
(iii) Justification
for non-cooperation
(iv) Cooperation as a two-way process
(k) Information used in case of resorting to facts available
(i) “secondary
source … with
special circumspection”
(ii) “Adverse”
facts available
(l) Authorities’ duty
to inform on reasons for disregarding information
(m) No right to submit further information
(n) Confidential
versus non-confidential
information
(o) Scope of Panel’s
review: national authorities’
justification
at the time of its determination
(p) Consistency of domestic legislation with Article 6.8 and Annex II
(q) Relationship with other paragraphs of Article 6
(r) Relationship with other provisions of Anti-Dumping Agreement
(i) Relationship with Article 5.3
8. Article 6.9
(a) “shall,
before a final
determination is made, inform all interested parties of the essential
facts under consideration”
(i) Means to inform all interested parties of the essential facts
(ii) “the
essential facts … which
form the basis for the decision whether to apply definitive
measures”
(iii) Relevance of the fact that information is made available in the
authorities’ record
(iv) Disclosure of information forming the basis of a preliminary
ruling
(v) Failure to inform the changes in factual foundation from a
preliminary determination to final
determination
(b) Relationship with other paragraphs of Article 6
9. Article 6.10
(a) “shall,
as a rule”:
nature of obligations under Article 6.10
(b) “individual
margin of dumping for each known exporter or producer”
(i) “each
… exporter
or producer”
(ii) Treatment of distinct legal entities as a single exporter or
producer
(iii) “known
exporter or producer”
(c) “the
authorities may limit their examination either to a reasonable number of
interested parties or products”:
sampling and Article 6.10
(d) “the
largest percentage of exports that could reasonably be investigated”
(e) Article 6.10.2
10. Article 6.13
(a) Relationship with paragraphs 2 and 5 of Annex II
11. Relationship with other Articles and other WTO Agreements
(a) Article 1, 9 and 18 and Article VI of the GATT 1994
(b) Article 2
(c) Article 3
(d) Article 9
(e) Article 12
VIII. Article 7
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A. Text of Article 7
B. Interpretation and Application of Article 7
1. General
2. Relationship with other Articles and other WTO Agreements
(a) Article 1, 9 and 18 and Article VI of the GATT 1994
(b) Article 6
(c) Article 17
(d) Article VI of the GATT 1994
IX. Article 8
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A. Text of Article 8
B. Interpretation and Application of Article 8
X. Article 9
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A. Text of Article 9
B. Interpretation and Application of Article 9
1. General
2. Article 9.1
3. Article 9.2
(a) General; mandatory nature of Article 9.2
(b) “appropriate
amounts”
(c) “all
sources”
(d) “The
authorities shall name the supplier or suppliers of the product
concerned”
(e) Third sentence of Article 9.2
4. Article 9.3
(a) “de
minimis” test
(b) Variable duties
(c) Conditions to carry out duty assessment and changed circumstances
reviews
(i) Exhaustiveness of the conditions listed
(ii) When a duty becomes final
(d) Concept of “product
as a whole” in
reviews under Article 9 of the Anti-Dumping Agreement
(e) Retrospective system: reviews and zeroing
(f) Prospective normal value system: reviews and zeroing
(g) Are “dumping”
and “margins
of dumping” exporter-
or importer-related concepts?
(h) Relationship with Article 9.2
(i) Relationship with Article 2
(j) Relationship to the Note
Ad
Article VI, Paragraphs 2 and
3
5. Article 9.4
(a) Purpose of Article 9.4
(b) Ceiling for “all
others” rate
(c) Article 9.4(i): “weighted
average margin of dumping with respect to selected exporters or
producers”
(i) “margins”
(ii) “exporters
or producers”
(iii) “non-cooperating
companies”
(d) Prohibitions in the calculation of “all
others” rate:
zero and de minimis margins,
margins based on facts available
(i) Exclusion of margins based on facts available
(ii) Calculating an “all
others” rate
in a “lacuna
situation”
(iii) Requirement to use WTO-consistent margins to establish
the
maximum “ others”
rate
6. Relationship with other Articles
(a) Article 9.3 with Article 5.8
(b) Article 9.3 with Article 6.8
(c) Article 9.4 with Article 6.8
(d) Article 9.4(ii)
7. Relationship with other WTO Agreements
(a) Article VI: 2 of the GATT 1994
8. Article 9.5
XI. Article 10
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A. Text of Article 10
B. Interpretation and Application of Article 10
1. Article 10.1
2. Article 10. 6
3. Article 10.7
(a) “such
measures”
(b) “sufficient
evidence” that
the conditions Article 10.6 are satisfied
(i) Concept of “sufficient
evidence”
(ii) Extent of the authorities’
determination
(iii) Conditions of Article 10.6
4. Relationship with other Articles
XII. Article 11
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A. Text of Article 11
B. Interpretation and Application of Article 11
1. Article 11.1
(a) Necessity
(b) Relationship with other paragraphs of Article 11
2. Article 11.2
(a) “whether
the continued imposition of the duty is necessary to offset dumping”
(b) “injury”
(c) “likely
to lead to continuation or recurrence”
(d) “warranted”
(e) Relationship with other paragraphs of Article 11
3. Article 11.3
(a) General
(i) Mandating rule / exception
(ii) Difference between original investigation and sunset reviews
(iii) Active role of investigating authorities
(iv) Positive evidence
(b) No specific
methodology
(c) Use of presumptions in a likelihood determination
(d) Determination regarding likelihood or continuation or recurrence
of dumping
(i) Likely past dumping
(ii) Volume analysis
(e) Order-wide basis of a likelihood determination
(f) No prescribed time-frame for likelihood of continuation or
recurrence of injury
(g) Applicability of procedural obligations
(i) Evidentiary standards for initiation
(ii) New factual
basis
(iii) De minimis standard in sunset reviews
(iv) Cumulation
(h) “likely”
(i) Relationship with other paragraphs of Article 11
(j) Relationship with the standard of review in Article 11 of the DSU
(k) Existence of a causation requirement in sunset reviews
(l) Cumulation in sunset reviews
(m) Qualitative assessment of determinations under Article 11.3
4. Article 11.4
5. Relationship with other Articles
(a) Article 3
XIII. Article 12
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A. Text of Article 12
B. Interpretation and Application of Article 12
1. Article 12.1
(a) General
(b) Obligation to notify “interested
parties known to the investigating parties to have an interest”
in the investigation
(c) Article 12.1.1
(i) General
(ii) Article 12.1.1(iv): “a
summary of the factors on which the allegation of injury is based”
2. Article 12.2
(a) General
(b) Article 12.2.1
(c) Article 12.2.2
3. Relationship with other Articles
(a) General
(b) Article 1, 9, and 18, and Article VI: 1 of the GATT
(c) Article 3
(d) Article 5
(e) Article 6
(f) Article 15
(g) Article 17
XIV. Article 13
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A. Text of Article 13
B. Interpretation and Application of Article 13
XV. Article 14
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A. Text of Article 14
B. Interpretation and Application of Article 14
XVI. Article 15
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A. Text of Article 15
B. Interpretation and Application of Article 15
1. General
2. First sentence
(a) Extent of Members’
obligation
(b) When and to whom “special
regard” should
be given
3. Second sentence
(a) “constructive
remedies provided for by this Agreement”
(b) “shall
be explored”
(c) “before
applying anti-dumping duties”
4. Relationship with other Articles
XVII. Article 16
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A. Text of Article 16
B. Interpretation and Application of Article 16
1. Article 16.1
(a) Rules of procedure
(b) “shall
meet not less than twice a year and otherwise”
2. Articles 16.4 and 16.5
(a) Reporting on anti-dumping actions
XVIII. Article 17
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A. Text of Article 17
B. Interpretation and Application of Article 17
1. General
(a) Articles of the Anti-Dumping Agreement invoked in panel and
Appellate Body proceedings
(b) Ministerial Decisions
(c) Concurrent application of Article 17 of the Anti-Dumping
Agreement and the rules and procedures of the DSU
(d) Challenge against anti-dumping legislation as such
(e) Mandatory versus discretionary legislation
(i) General
(ii) Rejection of the distinction?
(f) Challenge of a “practice”
as such
2. Article 17.1
(a) “settlement
of disputes”
3. Article 17.2
(a) “any
matter affecting the operation of this Agreement”
4. Article 17.3
(a) Exclusion of Article 17.3 of the Anti-Dumping Agreement from
Appendix 2 of the DSU
5. Article 17.4
(a) Scope of Article 17.4: “if
final
action has been taken”
(b) Concept of “matter”
(c) Claims
(i) Abandoned claims
6. Article 17.5
(a) Article 17.5(i)
(b) Article 17.5(ii)
(i) Documents not available to the investigating authorities
(ii) Undisclosed facts
(iii) Documents created for the purpose of a dispute
(c) Relationship with other paragraphs of Article 17
7. Article 17.6
(a) Ministerial Decision
(b) Relationship with the standard of review in Article 11 of the DSU
(c) Article 17.6(i)
(i) General
(ii) “establishment
of the facts was proper”
(iii) “the
evaluation of facts was unbiased and objective”
(iv) Relevance of the different roles of panels and investigating
authorities
(v) No ex post rationalization
(vi) Relationship of Article 17.6(i) with Article 11 of the DSU
(d) Article 17.6(ii)
(i) First sentence: customary rules of interpretation
(ii) Second sentence: more than one permissible interpretation
(iii) Relationship with standard of review in Article 11 of the DSU
(e) Relationship between subparagraphs (i) and (ii) of Article 17.6
8. Relationship with other Articles
(a) Article 3
(b) Article 5
(c) Article 7
(d) Article 18
9. Relationship with other WTO Agreements
(a) GATT 1994
(i) Articles XXII and XXIII
(b) DSU
(i) Article 1
(ii) Article 3.8
(iii) Article 6.2
(iv) Article 7
(v) Article 11
(vi) Article 19.1
XIX. Article 18
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A. Text of Article 18
B. Interpretation and Application of Article 18
1. Article 18.1
(a) “specific
action against dumping”
(b) “except
in accordance with the provisions of GATT 1994”
(c) Footnote 24
(d) Relationship between Article 18.1, GATT Article VI and the Note
Ad
Paragraphs 2 and 3 of Article
VI
2. Article 18.3
(a) “reviews
of existing measures”
(b) Application of the Anti-Dumping Agreement
3. Article 18.4
(a) Maintenance of inconsistent legislation after entry into force of
WTO Agreement
(b) Mandatory versus discretionary legislation
(c) Measures subject to dispute settlement
4. Article 18.5
5. Article 18.6
(a) Annual reviews
6. Relationship with other Articles
(a) General
(b) Article 17
7. Relationship with other WTO Agreements
(a) Article VI of the GATT 1994
(b) SCM Agreement
XX. Annex I
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A. Text of Annex I
B. Interpretation and Application of Annex I
1. On-the-spot verifications
as an option
2. Participation of non-governmental experts in the on-the-spot verification
3. Information verifiable
on-the-spot
4. Relationship with other Articles
XX.
Annex II back to top
A. Text of Annex II
B. Interpretation and Application of Annex II
1. “best
information available”
2. Paragraph 1
3. Paragraph 3
4. Paragraph 5
5. Paragraph 6
(a) Duty to inform of reasons for disregarding evidence or
information
(b) “reasonable
period, due account being taken of the time-limits of the investigation”
6. Paragraph 7
7. Relationship with Article 6
(a) Relationship with Article 6.1
(b) Relationship with Article 6.2
(c) Relationship with Article 6.8
XXII.
Relationship with other WTO Agreements
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A. Article VI of the
GATT 1994
B. Article XI of the GATT 1994
C. Article 3.2 of the DSU
D. Article 11 of the DSU
E. Agreement on Safeguards
F. SCM Agreement
G. Accession Agreements
XXIII.
Declaration on Dispute Settlement Pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Countervailing Measures
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A. Text
B. Interpretation and Application
XXIV. Decision on Review of Article 17.6 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 back to top
A. Text
B. Interpretation and Application
XXV. Decision on Anti-Circumvention
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A. Text of the Decision on
Anti-Circumvention
B. Interpretation and Application of the Decision on
Anti-Circumvention
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