Anti-dumping investigation refers to the procedures to be followed by a country’s anti-dumping administrative authority in investigating allegedly dumped products on the basis of an application by a relevant domestic industry that has suffered injury as a result of the dumping of imported products from abroad.
The anti-dumping investigation procedure usually includes different stages such as filing an application for investigation, filing a case, investigation, adjudication, administrative review and judicial consideration.
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Stakeholders involved in anti-dumping investigation procedures
Stakeholders involved in the investigation procedure are: exporting operators, importing operators or foreign producers of the product under anti-dumping investigation, or trade associations or chambers of commerce of which a majority of the members are producers, exporting operators or importing operators of the product.
The government of the exporting Member, and producers of the same product in the importing Party, or trade associations or chambers of commerce of which a majority of the members are producers of the same product in the territory of the importing Party.
In addition to the above, Members are not precluded from allowing various other Members, domestic or foreign, to be listed as interested parties.
Anti-dumping investigation related video:
What is an anti-dumping case?
When the anti-dumping investigating authority conducts a preliminary review of the content of the application and the evidence provided by the applicant, if it considers that the application made by the applicant is basically reasonable and the prima facie evidence provided is prima facie substantiated, then a decision on the establishment of a case can be made.
After the decision to file is made, the investigating authority shall promptly notify the parties to the product under investigation and other interested parties known to have an interest in the investigation, and shall issue a public notice.
The public notice shall include, or provide through a separate form of report, the following information:
- The name of the exporting country or countries and the name of the product or products involved;.
- The date on which the investigation was initiated.
- The basis in the application for the alleged dumping;
- A summary of the factors underlying the allegations of injury.
- The address to which the interested party may send representations, such as statements of defense.
- The time limit within which the interested party is allowed to make its submissions.
Under what circumstances will an anti-dumping investigation be terminated?
After an anti-dumping investigation has been initiated, an anti-dumping investigation shall be terminated promptly if any of the following circumstances occur. These circumstances include:
- If the investigating authority is convinced that there is not sufficient evidence of dumping or injury to justify the continuation of the investigation of the case, the investigation shall be terminated immediately.
- If the investigating authority determines that the margin of dumping is de minimis, the investigation shall be terminated forthwith.
- If the investigating authority determines that the actual or potential quantity or injury of the dumped imports is negligible, the investigation shall be terminated immediately.
What is anti-dumping administrative review?
Administrative review means that after a reasonable period of time from the imposition of anti-dumping duties, the investigating authority of the importing party may, on its own initiative or at the request of the party concerned, review the necessity of the continuation of the imposition of anti-dumping duties or price undertakings to determine whether to continue or terminate the imposition of anti-dumping duties or the fulfillment of price undertakings.
What is an anti-dumping sunset review?
Sunset review is a special case of administrative review. Under the provisions of the WTO Anti-Dumping Agreement, any final anti-dumping duty shall be terminated within five years from the date of its imposition or from the date of the most recent administrative review involving a concurrent review of anti-dumping and injury.
The investigating authority may conduct a review within the five-year period, either on its own initiative or at the request of the domestic industry or a representative of the domestic industry, within a reasonable period of time prior to that date. Pending the outcome of the sunset review, the original determination of the duty measure may be maintained.
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