آخر تحديث - 16 أبريل 2021
2.4.2 Subject to the fair comparison provisions in paragraph 4, the existence of dumping margins during the investigation phase is generally based on a comparison between an average normal value and a weighted average price of all comparable export transactions or a comparison of normal value and export prices on the basis of a transaction. A normal value calculated on the basis of a watery average can be compared to the prices of individual export transactions when the authorities establish an export price model that vary considerably from one customer, region or region to region, and explain why these differences cannot be adequately taken into account by the use of an average to medium average or an appropriate transactional comparison. 4.2 Where domestic industry has been interpreted to relate to producers in a particular region, i.e. in a market within the meaning of paragraph 1, paragraph ii), anti-dumping duties (12) are levied only on the products in question that are shipped to that area for final consumption. If the constitutional law of the importing member does not authorize the application of anti-dumping duties on that basis, the importing member may only collect unrestricted anti-dumping duties if: (a) exporters have had the opportunity to cease export to the area concerned at dumped prices or to give other assurances in accordance with Article 8, and to the extent that no reasonable commitment has been given. , and to the extent that reasonable assurances have not been given, and to the extent that reasonable assurances have not been given, and (b) these duties cannot be levied solely on the products of certain producers supplying the area concerned. 5.1 Except under paragraph 6, an investigation is initiated upon written request or on behalf of the domestic industry to determine the existence, degree and effect of alleged dumping. 6.1 All parties interested in an anti-dumping investigation will be informed of the information requested by the authorities and will have the opportunity to provide in writing all the evidence they deem relevant to the investigation in question. 5.8 An application in paragraph 1 is dismissed and the investigation is immediately closed as soon as the relevant authorities are satisfied that there is insufficient evidence of recovery or prejudice to justify the continuation of the proceedings. When the authorities find that the margin of dumping is de minimis or that the volume of imports dumped, real or potential, the damage is negligible, the costs of dissemination are immediately ended.
The dumping margin is considered de minimis if this range is less than 2%, expressed as a percentage of the export price. The volume of dumped imports is generally considered negligible when it is determined that the volume of dumped imports from a given country accounts for less than 3% of imports of the similar product into the import Member State, unless countries that individually account for less than 3% of imports of the similar product into the import Member State account for more than 7% of similar imports into the import Member State. member.