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Article 10

Provisional Measures

(a) Provisional measures may be taken only after a preliminary positive finding has been made that there is dumping and that there is sufficient evidence of injury as provided for in (a) to (c) of Article 5(a). Provisional measures shall not be applied unless the authorities concerned judge that they are necessary to prevent injury being caused during the period of investigation.

(b) Provisional measures may take the form of a provisional duty or, preferably, a security by deposit or bond equal to the amount of the anti-dumping duty provisionally estimated, being not greater then the provisionally estimated margin of dumping. Withholding of appraisement is an appropriate provisional measure provided that the normal duty and the estimated amount of the anti-dumping duty be indicated and as long as the withholding of appraisement is subject to the same conditions as other provisional measures.

(c) The imposition of provisional measures shall be limited to as short a period as possible, not exceeding four months or, on decision of the authorities concerned, upon request by exporters representing a significant percentage of the trade involved to a period not exceeding six months.

(a) The relevant provisions of Article 8 shall be followed in the application of provisional measures.

Article 11

Retroactivity

(a) Anti-dumping duties and provisional measures shall only be applied to products which eater for consumption after the time when the decision taken under Articles 8(a) and 10(a), respectively, enters into force, except that in cases:

(i) Where a final finding of injury (but not of a threat thereof
or of a material retardation of the establishment of en industry)
is made or in the case of a final finding of threat of injury,
where the effect of the dumped imports would, in the absence
of the provisional measures, have led to a finding of injury,
anti-dumping duties may be levied retroactively for the period
for which provisional measures, if any, have been applied.

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If the anti-dumping duty fixed in the final decision is higher than the provisionally paid duty, the difference shell not be collected. If the duty fixed in the final decision is lower than the provisionally paid duty or the amount estimated for the purpose of the security, the difference shall be reimbursed or the duty recalculeted, as the case may be.

(ii) Where for the dumped product in question the authorities determine

(a) either that there is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practices dumping and that such dumping would cause injury, end

(b) that the injury is caused by sporadic dumping (massive dumped imports of a product in a relatively short period) to such an extent that, in order to preclude it recurring, it appears necessary to levy an anti-dumping duty retroactively on those imports,

the duty may be levied on products which were entered for
consumption not more than 90 days prior to the date of
application of provisional measures.

(b) Except as provided in paragraph (e) above where a finding of threat of injury or material retardation is made (but no injury has yet occurred) a definitive anti-dumping duty may be imposed only from the date of the finding of threet of injury or material retardation and any cash deposit made during the period of the application of provisional measures shall be refunded and any bonds released in en expeditious manner.

(c) Where a final finding is negative any cash deposit made during the period of the application of provisional measures shall be refunded and any bonds released in an expeditious manner.

Article 12

Anti-Dumping Action on behalf of a Third Country

(a) An application for anti-dumping action on behalf of a third
country shall be made by the authorities of the third country
requesting action.

(b) 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 efford all assistance to the authorities of the importing country to obtain any further information which the latter may require.

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(c) The authorities of the importing country in considering such an application 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 total exports.

(a) 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 CONTRACTING PARTIES seeking their approval for such action shall rest with the importing country.

Article 13

Developing Countries

It is recognized that special regard must be given by developed countries to the special situation of developing countries when considering the application of anti-dumping measures under this Code. Possibilities of constructive remedies provided for by this Code shell be explored before applying anti-dumping duties where they would affect the essential interests of developing countries.

43-841 - 79 - 5

Rev. 1

PART II

Article 14

Committee on Anti-Dumping Practices

1. There shall be established under this Agreement a
Committee on Anti-Dumping Practices composed of repre-
sentatives from each of the parties to this Agreement.
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 party. The Committee shall carry out responsibilities
as assigned to it under this Agreement or by the parties
and it shall afford parties the opportunity of consulting
on any matters relating to the operation of the Agreement
or the furtherance of its objectives. The GATT Secretariat
shall act as the secretariat to the Committee.

2. The Committee may set up subsidiary bodies as appropriate.

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 signatory, it shall
inform the signatory involved. It shall obtain the consent
of the signatory and any firm to be consulted.

4.

Signatories shall report without delay to the Committee all preliminary or final actions taken with respect to antidumping duties. Such reports will be available to government representatives for inspection in the GATT Secretariat. The signatories shall also submit, on a semi-annual basis, reports of any antidumping duty actions taken within the preceding six months.

Article 151

Consultations, conciliation and resolution of disputes

1. Each party shall afford sympathetic consideration to, and shall afford adequate opportunity for consultations regarding, representations made by another party with respect to any matter affecting the operation of this Agreement.

2. If any party 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 of the Agreement is being impeded by another party or parties, it may, with a view to reaching a mutually satisfactory resolution of the matter, request in writing consultations with the party or parties in question.

Each

party shall afford sympathetic consideration to any request from another party for consultations. The parties concerned shall initiate consultations promptly.

3.

If any party considers that the consultations pursuant to Paragraph 2 have failed to achieve a mutually agreed solution and final action has been taken by the administering authorities of the importing country to levy definitive antidumping duties or to accept price undertakings, it may

1If disputes arise between parties relating to rights and

obligations of this Agreement, parties should complete the dispute settlement procedures under this Agreement before availing themselves of any rights which they have under the GATT.