«

»

Dub
15

Article 7 of the agreement contains provisions for the establishment of interim measures. These include the requirement for the authorities to make an interim positive finding of dumping, harm and causation prior to the application of the interim measures, as well as the obligation not to apply interim measures no earlier than sixty days after the opening of the investigation. Interim measures may take the form of a provisional right or, preferably, a cash deposit or loan at the provisionally established dumping margin. The agreement also provides for deadlines for the implementation of interim measures, usually four months, with the possibility of an extension to six months at the request of exporters. When a member levies, at the time of the application of the anti-dumping duties, duties below the dumping margin, where they are sufficient to eliminate the harm, the period of interim measures is generally six months, with a possible extension possible at the request of exporters for a period of nine months. In many cases, the tariffs levied on these products exceed the value of goods. Anti-dumping duties are generally levied when a foreign company sells an item that is significantly lower than the price at which it is produced. 2.2 In the absence of sales of the similar product during normal commercial transactions in the exporting country`s domestic market or if, due to the particular market situation or the low volume of sales in the exporting country`s domestic market (2), these sales do not allow for an appropriate comparison of them, the dumping margin is established for export to an appropriate third country in relation to a comparable price of the similar product exported to a appropriate third country. , if this price is representative, or with the cost of production in the country of origin, plus a reasonable amount for administrative costs, selling costs and general profits. The agreement contains rules for calculating dumping margins. In the normal case, the agreement requires either a comparison of the average normal immigrant value with the average of all comparable export prices, or a comparison of transactions between normal and export prices (Article 2.4.2). Another basis for comparison can be used for targeted dumping, i.e. where there is an export price model that varies considerably from one customer, region or period to period.

If, in this case, the investigating authorities explain why such differences cannot be taken into account in comparisons between average comparisons and transactions, the applicable average normal value can be compared to the export prices of individual transactions.