The World Trade Organization (WTO) Anti-Dumping Agreement, commonly known as the AD Agreement, governs the application of anti-dumping measures by WTO member states. 6.1 All interested parties involved in an anti-dumping investigation shall be informed of the information requested by the authorities and shall be given the opportunity to provide in writing all evidence which they consider relevant to the investigation in question. The Agreement established a Committee on Anti-Dumping Practices, composed of representatives of each WTO member country. This Committee shall meet at least twice a year and shall enable the members to consult each other on any matter relating to the application of the Agreement. Member States are required to communicate to this Committee their anti-dumping provisions and/or regulations, their anti-dumping measures and the names, addresses and contact numbers of officials responsible for anti-dumping cases. The Agreement provides that an anti-dumping duty shall remain in force for as long as necessary to combat the dumping causing injury. It contains a “sunset” provision that provides for the repeal of the duty five years after its imposition, unless the government authorities find, in a review, that the lifting of the duty would result in the continuation or recurrence of dumping and injury. 6.2 Throughout the anti-dumping investigation, all interested parties have a full opportunity to defend their interests. To this end, the authorities may, upon request, give all interested parties the opportunity to meet with parties with injurious interests, in order to express conflicting views and present rebutting arguments.
In providing such opportunities, account should be taken of the need to preserve the confidentiality and comfort of the parties. A party is not required to attend a meeting and, if it does not, the case of that party is not affected. Interested parties shall also have the right to provide other information orally, on the basis of the explanatory memorandum. 6.1.1 Exporters or foreign producers who receive questionnaires for an anti-dumping investigation have at least 30 days to respond. (15) Any request for an extension of the 30-day period should be duly taken into account and such an extension should be granted, where possible, where possible. 6.7 In order to verify the information transmitted or to obtain other clarifications, the authorities of the territory of other Members may, where appropriate, conduct investigations, provided that they obtain the agreement of the undertakings concerned and inform the government representatives of the Member concerned and do not oppose the investigation. The procedures set out in Annex I shall apply to investigations carried out in the territory of other Members. Subject to the obligation to protect confidential information, the authorities shall communicate or transmit the results of such investigations to the undertakings to which they belong, in accordance with paragraph 9, and may make those results available to applicants. The AD Agreement ensures that WTO members do not apply anti-dumping measures arbitrarily. It sets out detailed substantive requirements for determining whether dumping and injury is in fact and establishes elaborate procedures for governments to follow when conducting anti-dumping investigations and introducing anti-dumping duties.
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