ANTI-DUMPING 127
AGREEMENT ON IMPLEMENTATION OF
ARTICLE VI OF THE GENERAL AGREEMENT ON
TARIFFS AND TRADE
The Parties to this Agreement (hereinafter referred to as "P arties"),
Recognizing that anti-dumping practices should not constitute an unjus tifiable
impediment to internationaltradeand that anti-dumpingdu ties may be appliedagainst
dumping only if such dumping causes or threatens material in jury to an established
industry or materially retards the establishment of an indu stry;
Considering that it is desirable to provide for equitable and open proced ures
as the basis for a full examination of dumping cases;
Taking into account the particular trade, development and financi al needs of
developing countries;
Desiring to interpret the provisions of Article VI of the General Agre ement on
Tariffs and Trade (hereinafter referred to as "General Agre ement" or "GATT") and
to elaborate rules for their application in order to provide greater uniformity and
certainty in their implementation; and
Desiring to provide for the speedy, effective and equitable settleme nt of disputes
arising under this Agreement;
Hereby agree as follows:
PART I
ANTI-DUMPING CODE
Article 1
Principles
The imposition of an anti-dumping duty is a measure to be take n only under
the circumstances provided for in Article VI of the General A greement and pursuant
to investigations initiated1and conducted in accordance with the provisions of this
Code.
_______________
1The term "initiated" as used hereinafter means the procedur al action by which a Party formally
commences an investigation as provided in paragraph 6 of Art icle 6.128 TOKYO ROUND AGREEMENTS
The following provisions govern the application of Article VI of the General Agreement
in so far as action is taken under anti-dumping legislation o r regulations.
Article 2
Determination of Dumping
1. For the purpose of this Code 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 t o another, is less than
the comparable price, in the ordinary course of trade, for th e like product when
destined for consumption in the exporting country.
2. Throughout this Code the term "like product" ("produit si milaire") 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, ano ther product which,
although not alike in all respects, has characteristics clo sely resembling those of the
product under consideration.
3. In the case where products are not imported directly from t he country of origin
but are exported to the country of importation from an interm ediate country, the price
at which the productsare sold from the countryof export to th e country of importation
shall normally be compared with the comparable price in the c ountry of export.
However, comparison may be made with the price in the country of origin, if, for
example, the products are merely trans-shipped through the country of export, or
such products are not produced in the country of export, or th ere is no comparable
price for them in the country of export.
4. When there are no sales of the like product in the ordinary c ourse of trade in
the domestic market of the exporting country or when, becaus e of the particular market
situation, such sales do not permit a proper comparison, the margin of dumping shall
be determined by comparison with a comparable price of the li ke product when
exported to any third country which may be the highest such ex port price but should
be a representative price, or with the cost of production in t he country of origin plus
a reasonable amount for administrative, selling and any oth er costs and for profits.
As a general rule, the addition for profit shall not exceed th e profit normally realized
on sales of products of the same general category in the domes tic market of the country
of origin.ANTI-DUMPING 129
5. In cases where there is no export price or where it appears t o the authorities2
concernedthat the export priceis unreliablebecause of ass ociation or a compensatory
arrangement between the exporter and the importer or a third party, the export price
may be constructed on the basis of the price at which the impor ted products are first
resold to an independent buyer, or if the products are not res old to an independent
buyer, or not resold in the condition as imported, on such rea sonable basis as the
authorities may determine.
6. In order to effect a fair comparison between the export pri ce and the domestic
price in the exporting country (or the country of origin) or, if applicable, the price
established pursuant to the provisions of Article VI:1 ( b) of the General Agreement,
the two prices shall be compared at the same level of trade, no rmally at the ex-factory
level, and in respect of sales made at as nearly as possible th e same time. Due
allowance shall be made in each case, on its merits, for the di fferences in conditions
and terms of sale, for the differences in taxation, and for th e other differences affecting
price comparability. In the cases referred to in paragraph 5 of Article 2 allowance
for costs, including duties and taxes, incurred between imp ortation and resale, and
for profits accruing, should also be made.
7. This Article is without prejudice to the second Supplemen tary Provision to
paragraph 1 of Article VI in Annex I to the General Agreement.
Article 3
Determination of Injury3
1. A determination of injury for purposes of Article VI of the General Agreement
shall be based on positive evidence and involve an objective examination of both ( a)
the volume of the dumped imports and their effect on prices in the domestic market
for like products, and ( b) the consequent impact of these imports on domestic produce rs
of such products.
2. With regardto volume of the dumped imports the investigat ing authorities shall
consider whether there has been a significant increase in du mped imports, either in
absolute terms or relative to production or consumption in t he importing country.
_______________
2When in this Code the term "authorities" is used, it shall be i nterpreted as meaning authorities
at an appropriate, senior level.
3Under this Code the term "injury" shall, unless otherwise sp ecified, be taken to mean material
injury to a domestic industry, threat of material injury to a domestic industry or material retardation of
the establishment of such an industry and shall be interpret ed in accordance with the provisions of this
Article.130 TOKYO ROUND AGREEMENTS
With regard to the effect of the dumped imports on prices, the investigating authorities
shall consider whether there has been a significant price un dercutting by the dumped
imports as compared with the price of a like product of the imp orting country, or
whether the effect of such imports is otherwise to depress pr ices to a significant degree
or prevent price increases, which otherwise would have occu rred, to a significant
degree. No one or several of these factors can necessarily gi ve decisive guidance.
3. The examination of the impact on the industry concerned sh all include an
evaluation of all relevant economic factors and indices hav ing a bearing on the state
of the industry such as actual and potential decline in outpu t, sales, market share,
profits, productivity, return on investments, or utilizat ion of capacity; factors affecting
domestic prices; actual and potential negative effects on c ash flow, inventories,
employment, wages, growth, ability to raise capital or inve stments. This list is not
exhaustive, nor can one or several of these factorsnecessar ily give decisive guidance.
4. It must be demonstrated that the dumped imports are, throu gh the effects4of
dumping, causing injury within the meaning of this Code. The re may be other factors5
which at the same time are injuring the industry, and the inju ries caused by other
factors must not be attributed to the dumped imports.
5. The effect of the dumped imports shall be assessed in relat ion to the domestic
production of the like product when available data permit th e separate identification
of production in terms of such criteria as: the production pr ocess, the producers 
realizations, profits. When the domestic production of the like product has no separate
identity in these terms the effects of the dumped imports sha ll be assessed by the
examination of the production of the narrowest group or rang e of products, which
includes the like product, for which the necessary informat ion can be provided.
6. A determination of threat of injury shall be based on facts and not merely on
allegation, conjecture or remote possibility. The change i n circumstances which would
create a situation in which the dumping would cause injury mu st be clearly foreseen
and imminent.6
_______________
4As set forth in paragraphs 2 and 3 of this Article.
5Such factors include, inter alia , the volume and prices of imports not sold at dumping prices,
contraction in demand or changes in the patterns of consumpt ion, trade restrictive practices of and
competition between the foreign and domestic producers, de velopments in technology and the export
performance and productivity of the domestic industry
6One example, though not an exclusive one, is that there is con vincing reason to believe that there
will be, in the immediate future, substantially increased i mportations of the product at dumped prices.ANTI-DUMPING 131
7. With respect to cases where injury is threatened by dumped imports, the
application of anti-dumping measures shall be studied and d ecided with special care.
Article 4
Definition of Industry
1. In determining injury the term "domestic industry" shall be interpreted as
referring to the domestic producers as a whole of the like pro ducts or to those of
them whose collective output of the products constitutes a m ajor proportion of the
total domestic production of those products, except that
(i) when producers are related7to the exporters or importers or are
themselves importersof the allegedly dumped product,the i ndustrymay
be interpreted as referring to the rest of the producers;
(ii) in exceptional circumstances the territory of a Party m ay, for the
production in question, be divided into two or more competit ive markets
and the producers within each market may be regarded as a sepa rate
industry if ( a) the producers within such market sell all or almost all of
their production of the product in question in that market, a nd (b) the
demand in that market is not to any substantial degree suppli ed by
producers of the product in question located elsewhere in th e territory.
In such circumstances, injury may be found to exist even wher e a major
portion of the total domestic industry is not injured provid ed there is
a concentration of dumped imports into such an isolated mark et and
provided further that the dumped imports are causing injury to the
producers of all or almost all of the production within such m arket.
2. When the industry has been interpretedas referringto the producersin a certain
area, i.e. a market as defined in paragraph 1(ii), anti-dump ing duties shall be levied8
only on the products in question consigned for final consump tion to that area. When
the constitutional law of the importing country does not per mit the levying of
anti-dumping duties on such a basis, the importing Party may levy the anti-dumping
duties without limitation only if (1) the exportersshall ha ve been given an opportunity
to cease exporting at dumped prices to the area concerned or o therwise give assurances
pursuant to Article 7 of this Code, and adequate assurances i n this regard have not
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7An understanding among Parties should be developed definin g the word "related" as used in this
Code.
8As used in this Code "levy" shall mean the definitive or final legal assessment or collection of
a duty or tax.132 TOKYO ROUND AGREEMENTS
been promptly given, and (2) such duties cannot be levied on s pecific producers which
supply the area in question.
3. Where two or more countries have reached under the provisi ons of
Article XXIV:8 ( a) of the General Agreement such a level of integration that th ey
have the characteristics of a single, unified market, the in dustry in the entire area
of integration shall be taken to be the industry referred to i n paragraph 1 above.
4. The provisions of paragraph 5 of Article 3 shall be applica ble to this Article.
Article 5
Initiation and Subsequent Investigation
1. An investigation to determine the existence, degree and e ffect of any alleged
dumping shall normally be initiated upon a written request b y or on behalf of the
industry9affected. The request shall include sufficient evidence of (a) dumping;
(b) injury within the meaning of Article VI of the General Agree ment as interpreted
by this Code and ( c) a causal link between the dumped imports and the alleged inj ury.
If in specialcircumstancesthe authoritiesconcerneddeci deto initiate an investigation
without having received such a request, they shall proceed o nly if they have sufficient
evidence on all points under ( a) to ( c) above.
2. Upon initiation of an investigation and thereafter,the e vidence of both dumping
and injury caused thereby should be considered simultaneou sly. In any event the
evidence of both dumping and injury shall be considered simu ltaneously ( a) in the
decision whether or not to initiate an investigation, and ( b) thereafter, during the course
of the investigation, starting on a date not later than the ea rliest date on which in
accordance with the provisions of this Code provisional mea sures may be applied,
except in the cases provided for in paragraph 3 of Article 10 i n which the authorities
accept the request of the exporters.
3. An application shall be rejected and an investigation sha ll be terminated promptly
as soon as the authorities concerned are satisfied that ther e is not sufficient evidence
of either dumping or of injury to justify proceeding with the case. There should be
immediate termination in cases where the margin of dumping o r the volume of dumped
imports, actual or potential, or the injury is negligible.
_______________
9As defined in Article 4.ANTI-DUMPING 133
4. An anti-dumping proceeding shall not hinder the procedur es of customs clearance.
5. Investigations shall, except in special circumstances, be concluded within one
year after their initiation.
Article 6
Evidence
1. The foreign suppliers and all other interested parties sh all be given ample
opportunity to present in writing all evidence that they con sider useful in respect to
the anti-dumping investigation in question. They shall als o have the right, on
justification, to present evidence orally.
2. The authorities concerned shall provide opportunities f or the complainant and
the importers and exporters known to be concerned and the gov ernments of the
exporting countries, to see all information that is relevan t to the presentation of their
cases, that is not confidential as defined in paragraph 3 bel ow, and that is used by
the authorities in an anti-dumping investigation, and to pr epare presentations on the
basis of this information.
3. Any information which is by nature confidential (for exam ple, because its
disclosure would be of significant competitive advantage t o a competitor or because
its disclosure would have a significantly adverse effect up on a person supplying the
information or upon a person from whom he acquired the inform ation) or which is
provided on a confidential basis by parties to an anti-dumpi ng investigation shall,
upon cause shown, be treated as such by the investigating aut horities. Such information
shall not be disclosed without specific permission of the pa rty submitting it.10Parties
providing confidential information may be requested to fur nish non-confidential
summaries thereof. In the event that such parties indicate t hat such information is
not susceptible of summary, a statement of the reasons why su mmarization is not
possible must be provided.
4. However, if the authorities concerned find that a request for confidentiality is
not warranted and if the supplier is either unwilling to make the information public
or to authorize its disclosure in generalized or summary for m, the authorities would
be free to disregard such information unless it can be demons trated to their satisfaction
from appropriate sources that the information is correct.11
_______________
10Parties are aware that in the territory of certain Parties di sclosure pursuant to a narrowly drawn
protective order may be required.
11Parties agree that requests for confidentiality should not be arbitrarily rejected.134 TOKYO ROUND AGREEMENTS
5. In order to verify information provided or to obtain furth er details the authorities
may carry out investigations in other countries as required , provided they obtain the
agreement of the firms concerned and provided they notify th e representatives of the
government of the country in question and unless the latter o bject to the investigation.
6. When the competent authorities are satisfied that there i s sufficient evidence
to justify initiating an anti-dumping investigation pursu ant to Article 5, the Party or
Parties the products of which are subject to such investigat ion and the exporters and
importers known to the investigating authorities to have an interest therein and the
complainants shall be notified and a public notice shall be g iven.
7. Throughout the anti-dumping investigation all parties s hall have a full opportunity
for the defence of their interests. To this end, the authorit ies concerned shall, on
request, provide opportunities for all directly intereste d parties to meet those parties
with adverse interests, so that opposing views may be presen ted and rebuttal arguments
offered. Provision of such opportunities must take account of the need to preserve
confidentiality and of the convenience to the parties. Ther e shall be no obligation
on any party to attend a meeting and failure to do so shall not b e prejudicial to that
party s case.
8. In cases in which any interested party refuses access to, o r otherwise does not
provide, necessary information within a reasonable period or significantly impedes
the investigation, preliminary and final findings12, affirmative or negative, may be
made on the basis of the facts available.
9. The provisions of this Article are not intended to prevent the authorities of a
Party from proceeding expeditiously with regard to initiat ing an investigation, reaching
preliminary or final findings whether affirmative or negat ive, or from applying
provisional or final measures, in accordance with the relev ant provisions of this Code.
Article 7
Price Undertakings
1. Proceedings may13be suspended or terminated without the imposition of
provisional measures or anti-dumping duties upon receipt o f satisfactory voluntary
undertakings from any exporter to revise its prices or to cea se exports to the area
_______________
12Because of different terms used under different systems in v arious countries the term "finding"
is hereinafter used to mean a formal decision or determinati on.
13The word "may" shall not be interpreted to allow the simultan eous continuation of proceedings
with the implementation of price undertakings except as pro vided in paragraph 3.ANTI-DUMPING 135
in question at dumped prices so that the authorities are sati sfied that the injurious
effect of the dumping is eliminated. Price increases under s uch undertakings shall
not be higher than necessary to eliminate the margin of dumpi ng.
2. Price undertakings shall not be sought or accepted from ex porters unless the
authoritiesof the importingcountry have initiated an inve stigation in accordancewith
the provisions of Article 5 of this Code. Undertakings offer ed need not be accepted
if the authorities consider their acceptance impractical, for example, if the number
of actual or potential exporters is too great, or for other re asons.
3. If the undertakings are accepted, the investigation of in jury shall nevertheless
be completed if the exporter so desires or the authorities so decide. In such a case,
if a determination of no injury or threat thereof is made, the undertaking shall
automatically lapse except in cases where a determination o f no threat of injury is
due in large part to the existence of a price undertaking. In s uch cases the authorities
concerned may require that an undertaking be maintained for a reasonable period
consistent with the provisions of this Code.
4. Price undertakings may be suggested by the authorities of the importing country,
but no exporter shall be forced to enter into such an undertak ing. The fact that
exporters do not offer such undertakings, or do not accept an invitation to do so, shall
in no way prejudice the consideration of the case. However, t he authorities are free
to determine that a threat of injury is more likely to be reali zed if the dumped imports
continue.
5. Authorities of an importing country may require any expor ter from whom
undertakings have been accepted to provide periodically in formation relevant to the
fulfilment of such undertakings, and to permit verificatio n of pertinent data. In case
of violation of undertakings, the authorities of the import ing country may take, under
this Code in conformity with its provisions, expeditious ac tions which may constitute
immediate application of provisional measures using the be st information available.
In such cases definitive duties may be levied in accordance w ith this Code on goods
entered for consumption not more than ninety days before the application of such
provisional measures, except that any such retroactive ass essment shall not apply to
imports entered before the violation of the undertaking.
6. Undertakings shall not remain in force any longer than ant i-dumping duties could
remain in force under this Code. The authorities of an import ing country shall review
the need for the continuation of any price undertaking, wher e warranted, on their
own initiative or if interested exporters or importers of th e product in question so
request and submit positive information substantiating th e need for such review.136 TOKYO ROUND AGREEMENTS
7. Whenever an anti-dumping investigation is suspended or t erminated pursuant
to the provisions of paragraph 1 above and whenever an undert aking is terminated,
this fact shall be officially notified and must be published . Such notices shall set forth
at least the basic conclusions and a summary of the reasons th erefor.
Article 8
Imposition and Collection of Anti-Dumping Duties
1. The decision whether or not to impose an anti-dumping duty in cases where
all requirements for the imposition have been fulfilled and the decision whether the
amount of the anti-dumping duty to be imposed shall be the ful l margin of dumping
or less, are decisions to be made by the authorities of the imp orting country or customs
territory. It is desirable that the imposition be permissiv e in all countries or customs
territories Parties to this Agreement, and that the duty be l ess than the margin, if
such lesser duty would be adequate to remove the injury to the domestic industry.
2. When an anti-dumping duty is imposed in respect of any prod uct, such anti-
dumping duty shall be collected in the appropriate amounts i n each case, on a non-
discriminatory basis on imports of such product from all sou rces found to be dumped
and causing injury, except as to imports from those sources, from which price
undertakings under the terms of this Code have been accepted . The authorities shall
name the supplier or suppliers of the product concerned. If, however, several
suppliersfrom the same country areinvolved, and it is impra cticable to name all these
suppliers, the authorities may name the supplying country c oncerned. If several
suppliers from more than one country are involved, the autho rities may name either
all the suppliers involved, or, if this is impracticable, al l the supplying countries
involved.
3. The amount of the anti-dumping duty must not exceed the mar gin of dumping
as established under Article 2. Therefore,if subsequent to the application of the anti-
dumping duty it is found that the duty so collected exceeds th e actual dumping margin,
the amount in excess of the margin shall be reimbursed as quic kly as possible.
4. Within a basic price system the following rules shall appl y, provided that their
application is consistent with the other provisions of this Code:
If several suppliers from one or more countries are involved , anti-dumping duties
may be imposed on imports of the product in question found to h ave been dumped
and to be causing injury from the country or countries concer ned, the duty beingANTI-DUMPING 137
duty being equivalent to the amount by which the export price is less than the basic
price established for this purpose, not exceeding the lowes t normal price in the
supplying country or countries where normal conditions of c ompetition are prevailing.
It is understood that, for products which are sold below this already established basic
price, a new anti-dumping investigation shall be carried ou t in each particular case,
when so demanded by the interested parties and the demand is s upported by relevant
evidence. In cases where no dumping is found, anti-dumping d uties collected shall
be reimbursed as quickly as possible. Furthermore, if it can be found that the duty
so collected exceeds the actual dumping margin, the amount i n excess of the margin
shall be reimbursed as quickly as possible.
5. Public notice shall be given of any preliminary or final fi ndings whether
affirmative or negative and of the revocation of a finding. I n the case of affirmative
finding each such notice shall set forth the findings and con clusions reached on all
issues of fact and law considered material by the investigat ing authorities, and the
reasons and basis therefor. In the case of a negative finding , each notice shall set
forth at least the basic conclusions and a summary of the reas ons therefor. All notices
of findings shall be forwarded to the Party or Parties the pro ducts of which are subject
to such finding and to the exporters known to have an interest therein.
Article 9
Duration of Anti-Dumping Duties
1. An anti-dumping duty shall remain in force only as long as, and to the extent
necessary to counteract dumping which is causing injury.
2. The investigating authorities shall review the need for t he continued imposition
of the duty, where warranted, on their own initiative or if an y interested party so
requests and submits positive information substantiating the need for review.
Article 10
Provisional Measures
1. Provisional measures may be taken only after a preliminar y affirmative finding
has been made that there is dumping and that there is sufficie nt evidence of injury,
as provided for in ( a) to ( c) of paragraph 1 of Article 5. Provisional measures shall138 TOKYO ROUND AGREEMENTS
not be applied unless the authorities concerned judge that t hey are necessary to prevent
injury being caused during the period of investigation.
2. Provisional measures may take the form of a provisional du ty or, preferably,
a security by cash deposit or bond equal to the amount of the an ti-dumping duty
provisionally estimated, being not greater than the provis ionally estimated margin
of dumping. Withholding of appraisement is an appropriate p rovisional 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 i s subject to the same
conditions as other provisional measures.
3. The imposition of provisional measures shall be limited t o as short a period
as possible, not exceeding four months or, on decision of the authorities concerned,
upon request by exporters representing a significant perce ntage of the trade involved
to a period not exceeding six months.
4. The relevant provisions of Article 8 shall be followed in t he application of
provisional measures.
Article 11
Retroactivity
1. Anti-dumping duties and provisional measures shall only be applied to products
which enter for consumption after the time when the decision taken under paragraph 1
of Article 8 and paragraph 1 of Article 10, respectively, ent ers into force, except
that in cases:
(i) Where a final finding of injury (but not of a threat thereo f or of a material
retardation of the establishment of an 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, h ave led to
a finding of injury, anti-dumping duties may be levied retro actively for
the period for which provisional measures, if any, have been applied.
If the anti-dumping duty fixed in the final decision is highe r than the
provisionally paid duty, the difference shall not be collec ted. If the duty
fixed in the final decision is lower than the provisionally p aid duty or
the amount estimated for the purpose of the security, the dif ference shall
be reimbursed or the duty recalculated, as the case may be.
(ii) Where for the dumped product in question the authoritie s determineANTI-DUMPING 139
(a) either that there is a history of dumping which caused injur y or that the
importer was, or should have been, aware that the exporter pr actices
dumping and that such dumping would cause injury, and
(b) that the injury is caused by sporadic dumping (massive dump ed imports
of a product in a relatively short period) to such an extent th at, in order
to preclude it recurring, it appears necessary to levy an ant i-dumping
duty retroactively on those imports,
the duty may be levied on products which were entered for cons umption not
more than 90 days prior to the date of application of provisio nal measures.
2. Except as provided in paragraph 1 above where a finding of t hreat of injury
or material retardation is made (but no injury has yet occurr ed) a definitive
anti-dumping duty may be imposed only from the date of the fin ding of threat of injury
or material retardationand any cash deposit made during the period of the application
of provisional measures shall be refunded and any bonds rele ased in an expeditious
manner.
3. Where a final finding is negative any cash deposit made dur ing the period of
the application of provisional measures shall be refunded a nd any bonds released in
an expeditious manner.
Article 12
Anti-Dumping Action on behalf of a Third Country
1. An application for anti-dumping action on behalf of a thir d country shall be made
by the authorities of the third country requesting action.
2. Such an application shall be supported by price informati on 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 t hird country. The
government of the third country shall afford all assistance to the authorities of the
importing country to obtain any further information which t he latter may require.
3. The authoritiesof the importingcountry in considerings uch an application shall
consider the effects of the alleged dumping on the industry c oncerned as a whole in
the third country; that is to say the injury shall not be asses sed 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.140 TOKYO ROUND AGREEMENTS
4. The decision whether or not to proceed with a case shall res t with the importing
country. If the importing country decides that it is prepare d to take action, the
initiation of the approach to the CONTRACTING PARTIES seeki ng 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 develop ed countries to the
special situation of developing countries when considerin g the application of anti-
dumping measures under this Code. Possibilities of constru ctive remedies provided
for by this Code shall be explored before applying anti-dump ing duties where they
would affect the essential interests of developing countri es.
PART II
Article 14
Committee on Anti-Dumping Practices
1. Thereshall be established under this Agreement a Committ ee on Anti-Dumping
Practices (hereinafter referred to as the "Committee") com posed of representatives
from each of the Parties. The Committee shall elect its own Ch airman and shall meet
not less than twice a year and otherwise as envisaged by relev ant provisions of this
Agreement at the requestof any Party. The Committee shall ca rryout 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 s hall 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 sub sidiary bodies may
consult with and seek information from any source they deem a ppropriate. However,ANTI-DUMPING 141
before the Committee or a subsidiary body seeks such informa tion from a source within
the jurisdictionof a Party,it shall inform the Party involv ed.It shall obtain the consent
of the Party and any firm to be consulted.
4. Parties shall report without delay to the Committee all pr eliminary or final
anti-dumping actions taken. Such reports will be available in the GATT secretariat
for inspection by government representatives. The Parties shall also submit, on a
semi-annual basis, reports of any anti-dumping actions tak en within the preceding
six months.
Article 15
Consultation, Conciliation and Dispute Settlement14
1. Each Party shall afford sympathetic consideration to, an d shall afford adequate
opportunity for consultation regarding, representations made by another Party with
respect to any matter affecting the operation of this Agreem ent.
2. If any Party considers that any benefit accruing to it, dir ectly or indirectly, under
this Agreement is being nullified or impaired, or that the ac hievement of any objective
of the Agreement is being impeded, by another Party or Partie s, it may, with a view
to reaching a mutually satisfactory resolution of the matte r, request in writing
consultations with the Party or Parties in question. Each Pa rty shall afford sympathetic
consideration to any request from another Party for consult ation. The Parties
concerned shall initiate consultation promptly.
3. If any Party considers that the consultation pursuant to p aragraph 2 has failed
to achieve a mutually agreed solution and final action has be en taken by the
administering authorities of the importing country to levy definitive anti-dumping
duties or to accept price undertakings, it may refer the matt er to the Committee for
conciliation. When a provisional measure has a significant impact and the Party
considers the measure was taken contrary to the provisions o f paragraph 1 of Article 10
of this Agreement, a Party may also refer such matter to the Co mmittee for
conciliation. In cases where matters are referred to the Com mittee for conciliation,
the Committee shall meet within thirty days to review the mat ter, and, through its
good offices, shall encourage the Parties involved to devel op a mutually acceptable
solution.15
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14If disputes arise between Parties relating to rights and obl igations under this Agreement, Parties
should complete the dispute settlement procedures under th is Agreement before availing themselves of
any rights which they have under the GATT.
15In this connection the Committee may draw Parties attention to those cases in which, in its view,
there are no reasonable bases supporting the allegations ma de.142 TOKYO ROUND AGREEMENTS
4. Parties shall make their best efforts to reach a mutually s atisfactory solution
throughout the period of conciliation.
5. If no mutually agreed solution has been reached after deta iled examination by
the Committee under paragraph 3 within three months, the Com mittee shall, at the
request of any party to the dispute, establish a panel to exam ine the matter, based
upon:
(a) a written statement of the Party making the request indicat ing how a
benefit accruing to it, directly or indirectly, under this A greement has
been nullified or impaired, or that the achieving of the obje ctives of
the Agreement is being impeded, and
(b) the facts made available in conformity with appropriate do mestic
procedures to the authorities of the importing country.
6. Confidential information provided to the panel shall not be revealed without
formal authorization from the person or authority providin g the information. Where
such information is requested from the panel but release of s uch information by the
panel is not authorized, a non-confidential summary of the i nformation, authorized
by the authority or person providing the information, will b e provided.
7. Further to paragraphs 1-6 the settlement of disputes shal lmutatis mutandis be
governed by the provisions of the Understanding regarding N otification, Consultation,
Dispute Settlement and Surveillance. Panel members shall h ave relevant experience
and be selected from Parties not parties to the dispute.
PART III
Article 16
Final Provisions
1. No specific action against dumping of exports from anothe r Party can be taken
except in accordance with the provisions of the General Agre ement, as interpreted
by this Agreement.16
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16This is not intended to preclude action under other relevant provisions of the General Agreement,
as appropriate.ANTI-DUMPING 143
Acceptance and accession
2. ( a) This Agreement shall be open for acceptance by signature or otherwise
by governments contracting parties to the GATT and by the Eur opean
Economic Community.
(b) This Agreement shall be open for acceptance by signature or otherwise
by governments having provisionally acceded to the GATT, on terms
related to the effective application of rights and obligati ons under this
Agreement, which take into account rights and obligations i n the
instruments providing for their provisional accession.
(c) This Agreement shall be open to accession by any other gover nment on
terms, related to the effective application of rights and ob ligations under
this Agreement, to be agreed between that government and the Parties,
by the deposit with the Director-General to the CONTRACTING
PARTIES to the GATT of an instrument of accession which state s the
terms so agreed.
(d) In regard to acceptance, the provisions of Article XXVI:5( a) and ( b)
of the General Agreement would be applicable.
Reservations
3. Reservations may not be entered in respect of any of the pro visions of this
Agreement without the consent of the other Parties.
Entry into force
4. This Agreement shall enter into force on 1 January 1980 for the governments17
which have accepted or acceded to it by that date. For each oth er government it shall
enter into force on the thirtieth day following the date of it s acceptance or accession
to this Agreement.
Denunciation of the 1967 Agreement
5. Acceptance of this Agreement shall carry denunciation of the Agreement on
Implementation of Article VI of the General Agreement on Tar iffs and Trade, done
at Geneva on 30 June 1967, which entered into force on 1 July 19 68, for Parties to
the 1967 Agreement. Such denunciation shall take effect for each Party to this
Agreement on the date of entry into force of this Agreement fo r each such Party.
_______________
17The term "government" is deemed to include the competent aut horities of the European Economic
Community.144 TOKYO ROUND AGREEMENTS
National legislation
6. ( a) Each government accepting or acceding to this Agreement sh all take all
necessary steps, of a general or particular character, to en sure, not later
than the date of entry into force of this Agreement for it, the conformity
of itslaws, regulationsand administrativeprocedureswit h theprovisions
of this Agreement as they may apply for the Party in question.
(b) Each Party shall inform the Committee of any changes in its l aws and
regulations relevant to this Agreement and in the administr ation of such
laws and regulations.
Review
7. The Committee shall review annually the implementation a nd operation of this
Agreement taking into account the objectives thereof. The C ommittee shall annually
inform the CONTRACTING PARTIES to the GATT of developments d uring the
period covered by such reviews.
Amendments
8. The Parties may amend this Agreement having regard, inter alia , to the
experience gained in its implementation. Such an amendment , once the Parties have
concurred in accordance with procedures established by the Committee, shall not come
into force for any Party until it has been accepted by such Par ty.
Withdrawal
9. Any Party may withdraw from this Agreement. The withdrawa l shall take effect
upon the expiration of sixty days from the day on which writte n notice of withdrawal
is received by the Director-Generalto the CONTRACTING PART IES to the GATT.
Any Party may upon such notification request an immediate me eting of the Committee.
Non-application of this Agreement between particular Part ies
10. This Agreement shall not apply as between any two Parties if either of the
Parties, at the time either accepts or accedes to this Agreem ent, does not consent
to such application.
Secretariat
11. This Agreement shall be serviced by the GATT secretariat .
Deposit
12. This Agreement shall be deposited with the Director-Gen eral to the C ONTRACTING
PARTIES to the GATT, who shall promptly furnish to each Party and each contractingANTI-DUMPING 145
party to the GATT a certified copy thereof and of each amendme nt thereto pursuant
to paragraph 8, and a notification of each acceptance thereo f or accession thereto
pursuant to paragraph 2, and of each withdrawal therefrom pu rsuant to paragraph 9
of this Article.
Registration
13. This Agreement shall be registered in accordance with th e provisions of
Article 102 of the Charter of the United Nations.
Done at Geneva this twelfth day of April nineteen hundred and seventy-nine
in a single copy, in the English, French and Spanish language s, each text being
authentic.