| 提起反倾销请求指导方针 |
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| 2007-05-20 19:44 文章来源：www.bdtariffcom.org |
| 文章类型：转载 内容分类：其它 |
Guidelines for an Antidumping petition
Dumping as per WTO Agreement:
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 destined for consumption in the exporting country.
Dumping as per Law of Bangladesh
When goods are exported from any foreign country or territory to Bangladesh at less than their normal value, upon importation such goods will be considered as being dumped into Bangladesh.
Dumping =>> Normal Value > Export Price
Which is a valid application?
An application shall be considered to have been made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 per cent of total production of the like product produced by the domestic industry.
How to settle dispute about Application
Group A: Applicant
Group B: Supporter of the Application
Group C: Group Opposing the Application
If the total production of each of these three groups are a, b and c respectively, then an application will be considered to have been made "by or on behalf of the domestic industry" if, (a + b) > 50% of (a + b + c)
Basic Requirements for Imposition of Anti-dumping duties
Evidence of dumping (positive difference between normal value and export price).
Evidence of material injury or threat of material injury to domestic industry or material retardation of establishment of a domestic industry.
Evidence of a causal link between injury and dumping
Determination of Injury
Determination of injury shall be based on positive evidence of
a significant increase in the volume of dumped imports relative to local production or consumption,
the negative effect of the dumped imports on prices of like products, and
adverse effect on domestic producers.
The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry including actual and potential decline in sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments.
Threat of Injury to Domestic Industry
Determination of threat of material injury to be based on facts, and not merely on allegation, conjecture and remote possibility;
In the determination of a threat of injury, factors to be considered are:
a significant rate of increase of dumped imports into the domestic market indicating the likelihood of substantially increased importation;
sufficient freely disposable or an imminent substantial increase in the capacity of the exporter indicating the likelihood of substantially increased dumped exports to the importing Member's market taking into account the availability of other export markets to absorb any additional exports;
whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand for further imports; and
inventories of the product being investigated.
Demonstration of causal link
Factors other than dumped imports causing injury to be considered:
the volume and prices of imports not sold at dumping prices
contraction in demand or changes in the patterns of consumption
developments in technology
the export performance and productivity of the domestic industry
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