Agreement Establishing the World Trade Organization
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
Article 11: Duration and Review of AntiDumping Duties and Price Undertakings
11.1 An antidumping duty shall remain in force only as long as and to
the extent necessary to counteract dumping which is causing injury.
11.2 The authorities shall review the need for the continued imposition
of the duty, where warranted, on their own initiative or, provided that
a reasonable period of time has elapsed since the imposition of the definitive
antidumping duty, upon request by any interested party which submits positive
information substantiating the need for a review
shall have the right to request the authorities to examine whether the
continued imposition of the duty is necessary to offset dumping, whether
the injury would be likely to continue or recur if the duty were removed
or varied, or both. If, as a result of the review under this paragraph,
the authorities determine that the antidumping duty is no longer warranted,
it shall be terminated immediately.
11.3 Notwithstanding the provisions of paragraphs 1 and 2, any definitive
antidumping duty shall be terminated on a date not later than five years
from its imposition (or from the date of the most recent review under paragraph
2 if that review has covered both dumping and injury, or under this paragraph),
unless the authorities determine, in a review initiated before that date
on their own initiative or upon a duly substantiated request made by or
on behalf of the domestic industry within a reasonable period of time prior
to that date, that the expiry of the duty would be likely to lead to continuation
or recurrence of dumping and injury22. The duty may remain in force
pending the outcome of such a review.
11.4 The provisions of Article 6 regarding evidence and procedure shall
apply to any review carried out under this Article. Any such review shall
be carried out expeditiously and shall normally be concluded within 12
months of the date of initiation of the review.
11.5 The provisions of this Article shall apply mutatis mutandis
to price undertakings accepted under Article 8.
Article 12:Public Notice and Explanation of Determinations
12.1 When the authorities are satisfied that there is sufficient evidence
to justify the initiation of an antidumping investigation pursuant to Article
5, the Member or Members the products of which are subject to such investigation
and other interested parties known to the investigating authorities to
have an interest therein shall be notified and a public notice shall be
12.1.1 A public notice of the initiation of an investigation shall contain,
or otherwise make available through a separate report23, adequate information
on the following:
(i) the name of the exporting country or countries and the product involved;
(ii) the date of initiation of the investigation;
(iii) the basis on which dumping is alleged in the application;
(iv) a summary of the factors on which the allegation of injury is based;
(v) the address to which representations by interested parties should
(vi) the timelimits allowed to interested parties for making their views
12.2 Public notice shall be given of any preliminary or final determination,
whether affirmative or negative, of any decision to accept an undertaking
pursuant to Article 8, of the termination of such an undertaking, and of
the termination of a definitive antidumping duty. Each such notice shall
set forth, or otherwise make available through a separate report, in sufficient
detail the findings and conclusions reached on all issues of fact and law
considered material by the investigating authorities. All such notices
and reports shall be forwarded to the Member or Members the products of
which are subject to such determination or undertaking and to other interested
parties known to have an interest therein.
12.2.1 A public notice of the imposition of provisional measures shall
set forth, or otherwise make available through a separate report, sufficiently
detailed explanations for the preliminary determinations on dumping and
injury and shall refer to the matters of fact and law which have led to
arguments being accepted or rejected. Such a notice or report shall, due
regard being paid to the requirement for the protection of confidential
information, contain in particular:
(i) the names of the suppliers, or when this is impracticable, the supplying
(ii) a description of the product which is sufficient for customs purposes;
(iii) the margins of dumping established and a full explanation of the
reasons for the methodology used in the establishment and comparison of
the export price and the normal value under Article 2;
(iv) considerations relevant to the injury determination as set out
in Article 3;
(v) the main reasons leading to the determination.
12.2.2 A public notice of conclusion or suspension of an investigation
in the case of an affirmative determination providing for the imposition
of a definitive duty or the acceptance of a price undertaking shall contain,
or otherwise make available through a separate report, all relevant information
on the matters of fact and law and reasons which have led to the imposition
of final measures or the acceptance of a price undertaking, due regard
being paid to the requirement for the protection of confidential information.
In particular, the notice or report shall contain the information described
in subparagraph 2.1, as well as the reasons for the acceptance or rejection
of relevant arguments or claims made by the exporters and importers, and
the basis for any decision made under subparagraph 10.2 of Article 6.
12.2.3 A public notice of the termination or suspension of an investigation
following the acceptance of an undertaking pursuant to Article 8 shall
include, or otherwise make available through a separate report, the nonconfidential
part of this undertaking.
12.3 The provisions of this Article shall apply mutatis mutandis
to the initiation and completion of reviews pursuant to Article 11 and
to decisions under Article 10 to apply duties retroactively.
Article 13: Judicial Review
Each Member whose national legislation contains provisions on antidumping
measures shall maintain judicial, arbitral or administrative tribunals
or procedures for the purpose, inter alia, of the prompt review
of administrative actions relating to final determinations and reviews
of determinations within the meaning of Article 11. Such tribunals or procedures
shall be independent of the authorities responsible for the determination
or review in question.
Article 14: AntiDumping Action on Behalf of a Third Country
14.1 An application for antidumping action on behalf of a third country
shall be made by the authorities of the third country requesting action.
14.2 Such an application shall be supported by price information to
show that the imports are being dumped and by detailed information to show
that the alleged dumping is causing injury to the domestic industry concerned
in the third country. The government of the third country shall afford
all assistance to the authorities of the importing country to obtain any
further information which the latter may require.
14.3 In considering such an application, the authorities of the importing
country shall consider the effects of the alleged dumping on the industry
concerned as a whole in the third country; that is to say, the injury shall
not be assessed in relation only to the effect of the alleged dumping on
the industry's exports to the importing country or even on the industry's
14.4 The decision whether or not to proceed with a case shall rest with
the importing country. If the importing country decides that it is prepared
to take action, the initiation of the approach to the Council for Trade
in Goods seeking its approval for such action shall rest with the importing
Article 15: Developing Country Members
It is recognized that special regard must be given by developed country
Members to the special situation of developing country Members when considering
the application of antidumping measures under this Agreement. Possibilities
of constructive remedies provided for by this Agreement shall be explored
before applying antidumping duties where they would affect the essential
interests of developing country Members.
Article 16: Committee on AntiDumping Practices
16.1 There is hereby established a Committee on AntiDumping Practices
(referred to in this Agreement as the "Committee") composed of
representatives from each of the Members. The Committee shall elect its
own Chairman and shall meet not less than twice a year and otherwise as
envisaged by relevant provisions of this Agreement at the request of any
Member. The Committee shall carry out responsibilities as assigned to it
under this Agreement or by the Members and it shall afford Members the
opportunity of consulting on any matters relating to the operation of the
Agreement or the furtherance of its objectives. The WTO Secretariat shall
act as the secretariat to the Committee.
16.2 The Committee may set up subsidiary bodies as appropriate.
16.3 In carrying out their functions, the Committee and any subsidiary
bodies may consult with and seek information from any source they deem
appropriate. However, before the Committee or a subsidiary body seeks such
information from a source within the jurisdiction of a Member, it shall
inform the Member involved. It shall obtain the consent of the Member and
any firm to be consulted.
16.4 Members shall report without delay to the Committee all preliminary
or final antidumping actions taken. Such reports shall be available in
the Secretariat for inspection by other Members. Members shall also submit,
on a semiannual basis, reports of any antidumping actions taken within
the preceding six months. The semi-annual reports shall be submitted on
an agreed standard form.
16.5 Each Member shall notify the Committee (a) which of its
authorities are competent to initiate and conduct investigations referred
to in Article 5 and (b) its domestic procedures governing the initiation
and conduct of such investigations.
Article 17: Consultation and Dispute Settlement
17.1 Except as otherwise provided herein, the Dispute Settlement Understanding
is applicable to consultations and the settlement of disputes under this
17.2 Each Member shall afford sympathetic consideration to, and shall
afford adequate opportunity for consultation regarding, representations
made by another Member with respect to any matter affecting the operation
of this Agreement.
17.3 If any Member considers that any benefit accruing to it, directly
or indirectly, under this Agreement is being nullified or impaired, or
that the achievement of any objective is being impeded, by another Member
or Members, it may, with a view to reaching a mutually satisfactory resolution
of the matter, request in writing consultations with the Member or Members
in question. Each Member shall afford sympathetic consideration to any
request from another Member for consultation.
17.4 If the Member that requested consultations considers that the consultations
pursuant to paragraph 3 have failed to achieve a mutually agreed solution,
and if final action has been taken by the administering authorities of
the importing Member to levy definitive antidumping duties or to accept
price undertakings, it may refer the matter to the Dispute Settlement Body
("DSB"). When a provisional measure has a significant impact
and the Member that requested consultations considers that the measure
was taken contrary to the provisions of paragraph 1 of Article 7, that
Member may also refer such matter to the DSB.
17.5 The DSB shall, at the request of the complaining party, establish
a panel to examine the matter based upon:
(i) a written statement of the Member making the request indicating
how a benefit accruing to it, directly or indirectly, under this Agreement
has been nullified or impaired, or that the achieving of the objectives
of the Agreement is being impeded, and
(ii) the facts made available in conformity with appropriate domestic
procedures to the authorities of the importing Member.
17.6 In examining the matter referred to in paragraph 5:
(i) in its assessment of the facts of the matter, the panel shall determine
whether the authorities' establishment of the facts was proper and whether
their evaluation of those facts was unbiased and objective. If the establishment
of the facts was proper and the evaluation was unbiased and objective,
even though the panel might have reached a different conclusion, the evaluation
shall not be overturned;
(ii) the panel shall interpret the relevant provisions of the Agreement
in accordance with customary rules of interpretation of public international
law. Where the panel finds that a relevant provision of the Agreement admits
of more than one permissible interpretation, the panel shall find the authorities'
measure to be in conformity with the Agreement if it rests upon one of
those permissible interpretations.
17.7 Confidential information provided to the panel shall not be disclosed
without formal authorization from the person, body or authority providing
such information. Where such information is requested from the panel but
release of such information by the panel is not authorized, a nonconfidential
summary of the information, authorized by the person, body or authority
providing the information, shall be provided.
Article 18: Final Provisions
18.1 No specific action against dumping of exports from another Member
can be taken except in accordance with the provisions of GATT 1994, as
interpreted by this Agreement24.
18.2 Reservations may not be entered in respect of any of the provisions
of this Agreement without the consent of the other Members.
18.3 Subject to subparagraphs 3.1 and 3.2, the provisions of this Agreement
shall apply to investigations, and reviews of existing measures, initiated
pursuant to applications which have been made on or after the date of entry
into force for a Member of the WTO Agreement.
18.3.1 With respect to the calculation of margins of dumping in refund
procedures under paragraph 3 of Article 9, the rules used in the most recent
determination or review of dumping shall apply.
18.3.2 For the purposes of paragraph 3 of Article 11, existing antidumping
measures shall be deemed to be imposed on a date not later than the date
of entry into force for a Member of the WTO Agreement, except in cases
in which the domestic legislation of a Member in force on that date already
included a clause of the type provided for in that paragraph.
18.4 Each Member shall take all necessary steps, of a general or particular
character, to ensure, not later than the date of entry into force of the
WTO Agreement for it, the conformity of its laws, regulations and administrative
procedures with the provisions of this Agreement as they may apply for
the Member in question.
18.5 Each Member shall inform the Committee of any changes in its laws
and regulations relevant to this Agreement and in the administration of
such laws and regulations.
18.6 The Committee shall review annually the implementation and operation
of this Agreement taking into account the objectives thereof. The Committee
shall inform annually the Council for Trade in Goods of developments during
the period covered by such reviews.
18.7 The Annexes to this Agreement constitute an integral part thereof.
PROCEDURES FOR ON THE SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 7 OF ARTICLE 6
1. Upon initiation of an investigation, the authorities of the exporting
Member and the firms known to be concerned should be informed of the intention
to carry out on-the-spot investigations.
2. If in exceptional circumstances it is intended to include nongovernmental
experts in the investigating team, the firms and the authorities of the
exporting Member should be so informed. Such nongovernmental experts should
be subject to effective sanctions for breach of confidentiality requirements.
3. It should be standard practice to obtain explicit agreement of the
firms concerned in the exporting Member before the visit is finally scheduled.
4. As soon as the agreement of the firms concerned has been obtained,
the investigating authorities should notify the authorities of the exporting
Member of the names and addresses of the firms to be visited and the dates
5. Sufficient advance notice should be given to the firms in question
before the visit is made.
6. Visits to explain the questionnaire should only be made at the request
of an exporting firm. Such a visit may only be made if (a) the authorities
of the importing Member notify the representatives of the Member in question
and (b) the latter do not object to the visit.
7. As the main purpose of the on-the-spot investigation is to verify information
provided or to obtain further details, it should be carried out after the
response to the questionnaire has been received unless the firm agrees
to the contrary and the government of the exporting Member is informed
by the investigating authorities of the anticipated visit and does not
object to it; further, it should be standard practice prior to the visit
to advise the firms concerned of the general nature of the information
to be verified and of any further information which needs to be provided,
though this should not preclude requests to be made on the spot for further
details to be provided in the light of information obtained.
8. Enquiries or questions put by the authorities or firms of the exporting
Members and essential to a successful on-the-spot investigation should, whenever
possible, be answered before the visit is made.
BEST INFORMATION AVAILABLE IN TERMS OF PARAGRAPH 8 OF ARTICLE 6
1. As soon as possible after the initiation of the investigation, the
investigating authorities should specify in detail the information required
from any interested party, and the manner in which that information should
be structured by the interested party in its response. The authorities
should also ensure that the party is aware that if information is not supplied
within a reasonable time, the authorities will be free to make determinations
on the basis of the facts available, including those contained in the application
for the initiation of the investigation by the domestic industry.
2. The authorities may also request that an interested party provide
its response in a particular medium (e.g. computer tape) or computer language.
Where such a request is made, the authorities should consider the reasonable
ability of the interested party to respond in the preferred medium or computer
language, and should not request the party to use for its response a computer
system other than that used by the party. The authority should not maintain
a request for a computerized response if the interested party does not
maintain computerized accounts and if presenting the response as requested
would result in an unreasonable extra burden on the interested party, e.g.
it would entail unreasonable additional cost and trouble. The authorities
should not maintain a request for a response in a particular medium or
computer language if the interested party does not maintain its computerized
accounts in such medium or computer language and if presenting the response
as requested would result in an unreasonable extra burden on the interested
party, e.g. it would entail unreasonable additional cost and trouble.
3. All information which is verifiable, which is appropriately submitted
so that it can be used in the investigation without undue difficulties,
which is supplied in a timely fashion, and, where applicable, which is
supplied in a medium or computer language requested by the authorities,
should be taken into account when determinations are made. If a party does
not respond in the preferred medium or computer language but the authorities
find that the circumstances set out in paragraph 2 have been satisfied,
the failure to respond in the preferred medium or computer language should
not be considered to significantly impede the investigation.
4. Where the authorities do not have the ability to process information
if provided in a particular medium (e.g. computer tape), the information
should be supplied in the form of written material or any other form acceptable
to the authorities.
5. Even though the information provided may not be ideal in all respects,
this should not justify the authorities from disregarding it, provided
the interested party has acted to the best of its ability.
6. If evidence or information is not accepted, the supplying party should
be informed forthwith of the reasons therefor, and should have an opportunity
to provide further explanations within a reasonable period, due account
being taken of the timelimits of the investigation. If the explanations
are considered by the authorities as not being satisfactory, the reasons
for the rejection of such evidence or information should be given in any
7. If the authorities have to base their findings, including those with
respect to normal value, on information from a secondary source, including
the information supplied in the application for the initiation of the investigation,
they should do so with special circumspection. In such cases, the authorities
should, where practicable, check the information from other independent
sources at their disposal, such as published price lists, official import
statistics and customs returns, and from the information obtained from
other interested parties during the investigation. It is clear, however,
that if an interested party does not cooperate and thus relevant information
is being withheld from the authorities, this situation could lead to a
result which is less favourable to the party than if the party did cooperate.
Continue on to
Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994
21 A determination of final liability for payment of anti-dumping duties,
as provided for in paragraph 3 of Article 9, does not by itself constitute
a review within the meaning of this Article.
22 When the amount of the anti-dumping duty is assessed on a retrospective basis, a finding in the most recent assessment proceeding under subparagraph
3.1 of Article 9 that no duty is to be levied shall not by itself require
the authorities to terminate the definitive duty.
23 Where authorities provide information and explanations under the provisions of this Article in a separate report, they shall ensure that
such report is readily available to the public.
24This is not intended to preclude action under other relevant provisions of GATT 1994, as appropriate.