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Determination of dumping Anti-dumping law
- Regulations on content: detailed provisions about methods and criteria for determination of dumping, injury, causal link between the dumped imports
and the alleged injury.
- Regulations on procedure: provisions about investigation and anti- dumping duties imposition.
- Regulations on dispute settlement among WTOs members concerning anti-dumping issues.
- Regulations on competence of Committee on Anti-dumping Practices
126.96.36.199. Determination of dumping
A dumping case will be determined by comparing the export price and the normal value of the product.
Export price is the selling price from country of origin or exporting country to importing country. There are two ways of calculating export price:
- Export price is the transaction price between producer or exporter of exporting country and importer of importing country.
- The export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the
products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the authorities may determine.
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To apply the first method, there are two conditions: Export price is existing product is exported under sales contract between producerexporter
and importer; export price is reliable price is quoted in a normal sales contract. Documents like commercial invoice, bill of lading, letter of credit...
can be used to specify export price. Nevertheless, the export-import activities are not always performed under the basis of a foreign trade sales contract for
instance: export is to move goods from headquarter in one country to its agents in another one, barter contract. Accordingly, there will be no
transaction price to define export price. Or price quoted in the contract is unreliable because of association or a compensatory arrangement between the
exporter and the importer or a third party. In these cases, the second method will be used.
The normal value
The normal value is the selling price of the like product on exporting market. According to article 2.6 Anti-dumping Agreement 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 absence of
such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.
The Agreement provides three methods to calculate a product’s “normal value”.
- The first is the main one which is based on the price in the exporter’s domestic market.
In case of dependent relations between producer and distributor in the exporting country so producer can offer cheaper price to
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distributor, the authorities of the importing country may take selling price offered by distributor to the first independent importer to be the normal price.
- The other two methods are alternatives. they are used when there is no domestic price of the like product in the expiring country for the following
reasons: a When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country; b product is sold in
the domestic market in special condition; c the volume of the sales in the domestic market of the exporting country is low less than 5 in comparison
with the quantity of the like product sold in the importing market, however, in case it is proved that the quantity of the sold product in domestic market is
enough to compare with the export price reasonably, the investigating can use the selling price of the like product to define the normal value. The two
+ A comparable price of the like product when exported to an appropriate third country, provided that this price is representative
+ the “constructed value” of the product, which is calculated on the basis of the cost of production, plus selling, general, and administrative expenses,
and profits. Costs shall normally be calculated on the basis of records kept by the exporter or producer under investigation, provided that such records are in
accordance with the generally accepted accounting principles of the exporting country and reasonably reflect the costs associated with the production and
sale of the product under consideration. Authorities shall consider all available evidence on the proper allocation of costs, including that which is made
available by the exporter or producer.
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If the like product is exported from a non-market economy the selling price and input price are set by the government, the above methods are not
used to determine the normal value. Under this circumstance, the Anti- dumping Agreement allows the authorities to use the selling price or
production cost of a third country to calculate the normal value of the product under consideration.
The ordinary course of trade
There is no specific definition of what sales of the product in the ordinary course of trade are. however, the Anti-dumping Agreement defines a specific
circumstance in which 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 costs of production plus administrative, selling and general costs may be treated as not being in the ordinary course of trade. The like product
may be disregarded in determining normal value only if the authorities determine that such sales are made within an extended period of time
normally one year and no less than 6 months in substantial quantities and are at prices which do not provide for the recovery of all costs within a reasonable
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 of investigation, such
prices shall be considered to provide for recovery of costs within a reasonable period of time, the sales is considered to be in the ordinary course of trade.
Calculating the dumping margin
A fair comparison shall be made between the export price and the normal value to define dumping margin. The comparison must obey these rules:
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- This comparison shall be made at the same level of trade for e.g.: ex- factorywholesaleretail price. Normally, the ex-factory price is chose to
- Sales are made at as nearly as possible the same time.
- differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also
demonstrated to affect price comparability shall be considered.
Three methods are provided to make comparison:
- A comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions
- A comparison of normal value and export prices on a transaction-to- transaction basis
- a weighted average basis may be compared to prices of individual export transactions 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 the above two methods can not take these
differences into account appropriately.
188.8.131.52. Anti-dumping measures