反傾銷協(xié)議英文版

1、AGREEMENT ON IMPLEMENTATION OF ARTICLE VIOF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree asfollows:PART IArticle 1Prin ciplesAn anti-dumping measure shall be applied only under the circumstances provided for in Article VI of GATT 1994 a nd pursua nt to in vestigati ons in itia

2、ted and con ducted in accorda nce with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in sofar as act ion is take nun der a nti-dumpi ng legislati on or regulati ons.Article 2Determ in ati on of Dump ing2.1 For the purpose of this Agreeme

3、nt, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade,for the like product when

4、destinedfor consumption in the exporting country.2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when, because of the particular market situation or the low volume of the sales in the domestic market of the exporting

5、countryThe term initiated as used in this Agreement means the procedural action by which a Member formally commences an investigation asprovided in Article 5. Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient

6、quantity for the determination of the normal value if such sales constitute 5 per cent or more of the sales of the product under consideration to the importing Member, provided that a lower ratio should be acceptable wherethe evidence demonstrates that domestic sales at such lower ratio are nonethel

7、essof sufficient magnitude to providefor aproper comparison., such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative,or

8、 with the cost of product ion in the country of origi n plus a reas on ableam oun tfor adm ini strative, selli ng and generalcosts and for profits.2.2.1 Sales of the like product in the domestic market of the exporting country or sales to a third country at prices below per unit (fixed and variable)

9、 costs of product ion plus administrative, selling and general costs may be treated as not being in the ordinary course of trade by reason of price and may be disregardedin determining normal value only if the authoritiesWhen in this Agreementthe term authorities is used, it shall be interpreted as

10、meaningauthorities at an appropriateseniorlevel. determinethat such salesare made within an extended period of time4The extendedperiod of time should normally be one year but shallin no case be lessthan six months. in substantial quantitiesSales below per unit costs are made in substantial quantitie

11、s when the authorities establish that the weighted average selling price of and are at prices which do not provide for the recoveryof all costs withi n a reas on able period of time. If prices which are below per unit costs at the time of sale are above weighted average per unit costs for the period

12、 of investigation, such prices shall be considered to provide for recovery of costs within a reasonableperiod of time.2.2.1.1 For the purpose of paragraph2, costs shall normally be calculated on the basis of records kept by the exporter or producer under investigation, provided that such records are

13、 in accorda nee with the gen erally accepted accounting principles of the exporting country and reas on ably reflect the costs associated with the producti on and sale of the product under consideration.Authorities shall consider allavailable evidenee on the proper allocation of costs, including tha

14、t which is made available by the exporter or producer in the course of the investigation provided that such allocations have been historically utilized by the exporter or producer, in particular in relation to establishing appropriate amortization and depreciation periods and allowances for capital

15、expenditures and other development costs. Un less already reflected in the cost allocati ons un der this sub-paragraph, costs shall be adjusted appropriately for those non-recurri ng items of cost which ben efit future an d/or curre nt product ion, or for circumsta ncesi n which costs duri ng the pe

16、riod of investigation areaffected by start-upoperations62.2.2 For the purpose of paragraph 2, the amounts for administrative, selling and general costs and for profits shall be basedo n actual data perta ining to producti on and sales in the ordinary course of trade of the like product by the export

17、er or producer under investigation.When such amountscannot be determined on this basis, the amountsmay be determ in edo n the basisof:(i) the actual amounts incurred and realized by the exporter or producer in questi on in respect of product ion and sales in the domestic market of the country of ori

18、gin of thesamegeneralcategory of products;(ii) the weighted average of the actual amounts incurred and realized by other exporters or producers subject to investigation in respect of production and salesof the like product in the domestic marketof the country of origin;(iii) any other reas on able m

19、ethod, provided that the amount for profit so established shall not exceed the profit normally realized by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin.2.3 In caseswhere there is no export price or where it appears to

20、the authorities concernedthat the export price is unreliable because of association or a compensatory arrangement betweenthe exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buy

21、er, or if the products are not resold to an in depe ndent buyer, or not resold in the con diti on as imported, on such reas on able basis as theauthorities may determine.2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level

22、 of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the sametime. Due allowance shall be madein each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale,taxation, levels of trade,

23、quantities, physical characteristics, andany other differences which are also dem on stratedto affect price comparability.It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have beenalreadymade underthis provision. No

24、rmally, the date of sale would be the date of contract, purchase order, order confirmation, or invoice, whichever establishesthe In the cases referred to in paragraph 3, allowa nces for costs, including duties and taxes, incurred betweenimportation and resale, and for profits accruing, should also b

25、e made. If in these cases price comparability has been affected, the authorities shall establish the no rmal value at a level of trade equivale nt to the level of trade of the con structed export price, or shall make due allowance as warranted underthis paragraph. The authorities shall indicate to t

26、he parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonableburdenof proof on those parties.2.4.1 Whe n the comparis on un der paragraph 4 requires a con vers ion of curre ncies, such conversion should be madeusing the rate of exchangeon the d

27、ate of salg , provided that when a sale of foreign currency on forward markets is directly linked to the export sale involved, the rate of exchangein the forward sale shall be used. Fluctuations in exchange rates shall be ignored and in an investigation the authorities shall allow exporters at least

28、 60 days to have adjusted their export prices to reflect sustained movementsin exchangeratesduring the period of investigation.2.4.2 Subject to the provisions governing fair comparison in paragraph 4, the existence of margins of dumping during the investigation phaseshall normally be establishedon t

29、he basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export prices on a transaction-to-transaction basis. A normal value established on a weighted averagebasis may be comparedto pric

30、es of in dividual export tran sacti ons if the authorities find a pattern of export prices which differ significantly among different purchasers, regions or time periods, and if an explanation is provided as to why such differe nces cannot be take n in to acco unt appropriately by the use of a weigh

31、ted average-to-weightedaverageortra nsact ion-to-tra nsact ion comparis on.2.5 In the casewhere products are not imported directly from the country of origin but are exported to the importi ng Member from an in termediate coun try, the price at which the products are sold from the country of export

32、to the importing Member shall normally be compared with the comparable price in the country of export. However, comparis on may be madewith the price in the co untry of origi n, if, for example, the products are merely transshipped through the country of export, or such products are not producedin t

33、he country of export, or thereis no comparable price for them in the country of export.2.6 Throughout this Agreement the term like product (produit similaire) shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absenceof

34、 such a product, another product which, although not alike in all respects, has characteristics closely resemblingthoseof theproduct underconsideration.2.7 This Article is without prejudice to the sec on d Suppleme ntary Provisi on to paragraph1 of Article VI in Ann ex I to GATT 1994.Article 39Deter

35、m in ati on of Injury3.1 A determ in ati on of injury for purposes of Article VI of GATT 1994 shall be basedo n positive evide nee and in volve an objective exam in ati on of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like prod

36、ucts, and (b) the consequent impact of theseimports on domestic producersof suchproducts.3.2 With regard to the volume of the dumped imports, the investigating authorities shall consider whether there has bee n a sig nifica nt in crease in dumped imports, either in absolute terms or relative to prod

37、uction or consumption in the importing Member. With regard to the effect of the dumped imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, o

38、r whether the effect of such imports is otherwise to depressprices to a significant degree or preve nt price in creases, which otherwise would have occurred, to a sig nifica nt degree. No one or several of these factors cannecessarily give decisive guidanee.3.3 Where imports of a product from more t

39、han one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assessthe effects of such imports only if they determine that (a) the margin of dumping established in relation to the imports from each country is more tha n de mini mis as defi

40、 ned in paragraph 8 of Article 5 and the volume of imports from each country is not negligible and (b) a cumulative assessmentof the effects of the imports is appropriate in light of the conditions of competition betweenthe imported products and the conditions of competiti on betwee nthe imported pr

41、oducts a nd the like domestic product.3.4 The exam in ati on of the impact of the dumped imports on the domestic in dustry concern edshall in clude an evaluati on of all releva nt econo mic factors and in dices hav ing a beari ng on the state of the industry, including actual and potential decline i

42、n sales, profits, output, market share, productivity, return on investments,or utilization of capacity; factors affecting domestic prices; the magnitudeof the margin of dumping; actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or in

43、vestments. This list is not exhaustive, nor can one or several of these factors necessarilygive decisive guidanee.3.5 It must be dem on stratedthat the dumped imports are, through the effects of dump ing, as set forth in paragraphs2 and 4, caus ing injury withi n the meaning of this Agreeme nt. The

44、dem on strati on of a causal relati on ship betwee nthe dumped imports and the injury to the domestic in dustry shall be based on an exam in ati on of all releva nt evide nce before the authorities. The authorities shall also examine any known factors other than the dumped imports which at the same

45、time are injuring the domestic in dustry, and the in juries caused by these other factors must not be attributed to the dumped imports. Factors which may be releva nt in this respect in clude, in ter alia, the volume and prices of imports not sold at dump ing prices, con tracti on in dema ndor cha n

46、gesi n the patter ns of con sumpti on, trade restrictive practices of and competition between the foreign and domestic producers, developme ntsi n tech no logy a ndthe export performa ncea nd productivity of the domestic in dustry.3.6 The effect of the dumped imports shall be assessedn relation to t

47、he domestic production of the like product when available data permit the separate identification of that production on the basis of 9Under this Agreement the term injury shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domest

48、ic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of thisArticle.Page5 such criteria asthe product on process, producers sales and profits. If such separate ide ntificati on of that production is not possible, the

49、effects of the dumped imports shall be assessed by theexamination of the product ion of the n arrowest group or range of products, which in cludes the like product, for which the necessaryinformation can be provided.3.7 A determ in ati on of a threat of material injury shall be based on facts and no

50、t merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent.One example, though not an exclusive one, is that there is convincing reason to believe that there will b

51、e, in the near future, substantially increasedimportation of the product atdumped prices.For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirec

52、tly controlled by a third person;or(c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the pur

53、pose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter. In maki ng a determ in ati on regard ing the existe nce of a threat of material injury, the authorities should con sider, i nte

54、r alia, such factors as:(i) a sig nifica nt rate of in crease of dumped imports into the domestic market in dicat ing the likelihood of substantially increasedimportation;(ii) sufficie nt freely disposable, or an imminent, substa ntial in crease in, capacity of the exporter in dicati ng the likeliho

55、od of substa ntially in creased dumped exports to the importing Members market, taking into account the availability of other export marketsto absorbany additional exports;(iii) whether imports are entering at prices that will have a significant depressing or suppress ing effect on domestic prices,

56、and would likely in crease dema nd for further imports; and(iv) inventories of the product being investigated.No one of these factors by itself can necessarily give decisive guidancebut the totality of the factors con sidered must lead to the con clusi on that further dumped exports are imminent and

57、 that, uni ess protective action is taken, material injury would occur.3.8 With respect to cases where injury is threatened by dumped imports, the application of anti-dumping measuresshall be consideredanddecidedwith special care.Article 4Definition of Domestic Industry4.1 For the purposes of this A

58、greement, the term domestic industry shall be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products con stitutes a major proporti on of the total domestic product ion of those products, except that:(i) when prod

59、ucers are related to the exporters or importers or are themselvesimporters of the allegedly dumped product, the term domestic industry may be interpreted as referring to the rest of the producers;(ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the producers within such market sell al