Any member whose national legislation contains anti-dumping provisions establishes courts, arbitration tribunals or administrative tribunals or proceedings to, among other things, review the prompt review of administrative remedies to final findings and audits of section 11 findings. These jurisdictions or procedures are independent of the authorities responsible for finding or controlling. If the final anti-dumping fee is greater than the provisional duty paid or payable or the amount estimated for the purposes of the guarantee, the difference is not recovered. If the final fee is less than the provisional fee paid or payable or the estimated amount for the guarantee, the difference is refunded or, if applicable, the fee is recalculated. The initial agreement on merchandise trade, now incorporated into the 1994 GATT (see above) Notes 6.1.3 As soon as an investigation has been launched, the authorities communicate to known exporters (16) and the authorities of the Export Member State the full text of the written application received in accordance with Article 5, paragraph 1, and make it available to the authorities of the Export Member State and make it available to the Commission. , on request from other interested parties. The requirement to protect confidential information in paragraph 5 must be given due consideration. 2.4 A fair comparison should be made between the export price and the normal value. This comparison is made at the same commercial level, usually from the factory, and for sales made at the same time as possible.
In any event, differences in price comparability, including differences in conditions and conditions of sale, taxation, level of trade, quantities, physical characteristics and all other differences that are proven to also affect price comparability, are duly taken into account. (7) In the cases covered by paragraph 3, the costs, including customs duties and taxes, incurred between import and resale, as well as the profits generated, should also be taken into account. Where, in these cases, price comparability has been affected, the authorities set the normal value at a level of exchange equal to the level of the calculated export price, or grant appropriate consideration, as this paragraph justifies. The authorities tell the parties concerned what information is needed to ensure a fair comparison and do not impose an inappropriate burden of proof on those parties. An anti-dumping duty remains in force only as long as necessary and to the extent necessary to counter harmful dumping. Specific and differentiated provisions in the legal texts: Article 2 contains substantive rules for determining dumping. Dumping is calculated on the basis of a “fair comparison” between the normal value (the price of the imported product during normal trade operations in the country of origin or export) and the export price (the price of the product in the country of import). Article 2 contains detailed provisions for calculating normal and export prices, as well as fair comparisons that must be made. 6.10.2 In cases where the authorities have limited their review in accordance with this paragraph, they nevertheless set an individual dumping margin for each un retained exporter or producer, which provides the necessary information in a timely manner for this information to be verified during the investigation, unless the number of exporters or producers is large enough for individual audits to be too heavy for the authorities and the investigation is completed in time. Useful.