3.5 It must be shown that dumped imports are prejudiced within the meaning of the agreement because of the effects of dumping in paragraphs 2 and 4. Evidence of a causal link between dumped imports and harm to domestic industry is based on a review of all relevant evidence before the authorities. The authorities also examine all known factors, with the exception of dumped imports, which simultaneously violate domestic industry, and violations caused by these other factors should not be attributed to dumped imports. Factors that may be relevant in this context include the volume and prices of imports not sold at dumping prices, a decline in demand or a change in consumption habits, restrictive practices and competition between foreign and domestic producers, technological developments, and export and productivity performance of domestic industry. Detailed procedures will be established to determine how anti-dumping files will be opened, how to conduct investigations, and under what conditions it will be possible to ensure that all interested parties have the opportunity to provide evidence. Anti-dumping measures must expire five years after the date of taxation, unless an investigation shows that the end of the measure would result in harm. The committee, which meets at least twice a year, offers WTO members the opportunity to discuss all issues related to the anti-dumping agreement (Article 16). The committee reviewed national legislation notified to the WTO. This raises issues relating to the enforcement of national anti-dumping laws and regulations as well as issues of consistency of national practices with the anti-dumping agreement.
The committee also reviews MPs` communications on anti-dumping measures and provides an opportunity to discuss issues raised in specific cases. The committee has created its own body, the ad hoc implementation group, open to all WTO members, which will focus on technical implementation issues, i.e. how to ask questions that often arise in the management of anti-dumping legislation. The agreement stipulates that the authorities investigating the importing member must determine the damage caused for the purposes of the institution of anti-dumping measures. In the agreement, the concept of harm is either (i) material harm to a domestic industry, (ii) the risk of material harm to a domestic industry, or (iii) material delay in the creation of a national sector, but remains silent in assessing the material delay in the creation of a domestic industry. 6.4 The authorities give all interested parties the opportunity, in due course, to consult all information useful to the presentation of their cases, which are not confidential within the meaning of paragraph 5 and which are used by the authorities in the context of an anti-dumping investigation, and to prepare submissions on the basis of this information. Dumping and subsidies, as well as anti-dumping and countervailing duties (CVDs), have a number of similarities. Many countries treat them under a single law, apply a similar procedure to deal with them, and assign responsibility for investigations to a single authority.
From time to time, the two WTO committees dealing with these issues meet together. 3.4 The analysis of the impact of dumped imports on the industry concerned includes an assessment of all relevant economic factors and indices that affect the industry`s situation, including the actual and potential decline in sales, profits, production, market share, productivity, investment returns or capacity utilization; Factors that affect domestic prices The level of dumping margin real and potential negative effects on cash flows, inventories, employment, wages, growth, ability to raise capital or investment.