Anti Dumping Agreement Annex Ii

Commission Regulation (EC) No 449/2000 of 28 February 2000 imposing a provisional anti-dumping duty on imports of deformable cast iron tube originating in Brazil, the Czech Republic, Japan, the People`s Republic of China, the Republic of Korea and Thailand and accepting an undertaking from an exporting producer in the Czech Republic, published in the Official Journal of the European Communities of 29 February 2000, L series, No 55 (“Provisional Regulation”). 12. Brazil considers that this conclusion is not conceivable by the body`s conclusion that the anti-dumping agreement provides mechanisms to deal with situations in which dumping decreases or ends after a positive finding of dumping (through refunds under Article 9(3) and reviews under Article 11), since the existence of correction mechanisms does not justify the imposition of anti-dumping duties; beyond what is necessary to prevent dumping. Brazil stated that the correction mechanisms should take into account fundamental changes that occurred after the investigation, but since the devaluation took place during the POI, the authorities were required to take due account of them at the time of the first finding of dumping. Such an opinion or report, taking due account of the requirement for the protection of confidential information, shall include in particular: 9.1 The decision whether or not to impose an anti-dumping duty in cases where all the conditions for imposition are fulfilled and the decision to determine whether the anti-dumping duty to be levied is equal to or less than the total margin of dumping; are decisions to be taken by the authorities of the importing Member. It is desirable that the introduction into the territory of all members be permissive and that the duty be below the range if the lower duty is sufficient to eliminate the injury suffered by the domestic industry. See a summary of the Agreement implementing Article VI (Anti-Dumping) 42. The European Communities argues that there is a reasonable explanation to exclude non-representative sales from normal value on the basis of sales prices while including them in the same normal value. .

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