8.2. Price undertakings may be requested or accepted from exporters only if the authorities of the importing Member have provisionally confirmed the dumping caused by such dumping and the injury caused by such dumping. An anti-dumping duty is a protectionist duty that a national government imposes on foreign imports that it considers to be below their fair market value. Dumping is a process by which an enterprise exports a product at a price significantly lower than the price it normally charges in its domestic (or domestic) market. All WTO Members are required to align their anti-dumping rules with the Anti-Dumping Agreement and to notify this legislation to the Committee on Anti-Dumping Practices. Although the Committee does not approve or reject members` legislation, legislation is reviewed by the Committee with questions from members and discussions on the consistency of a particular member`s transposition of the requirements of the agreement into national law. In addition, members are required to inform the Committee twice a year of all anti-dumping investigations, measures and measures. The Committee has adopted a standardized format for such notifications, which are considered by the Committee. Finally, members are required to notify the Committee without delay of provisional and definitive anti-dumping measures, including certain minimum information required by the guidelines adopted by the Committee. These communications are also subject to the Committee`s consideration. 6.1.1.
Exporters or foreign producers who receive questionnaires for the purpose of an anti-dumping investigation have at least 30 days to respond. (15) Any request for an extension of the 30-day period should be duly taken into account and such an extension should be granted for a given reason whenever possible. 6.4 The authorities shall, to the extent possible, give all interested parties a timely opportunity to consult all information relevant to the presentation of their cases, which is not confidential within the meaning of paragraph 5 and which is used by the authorities in the context of an anti-dumping investigation, and to prepare submissions on the basis of that information. 6.7 In order to verify the information provided or to obtain further details, the authorities in the territory of other Members may, where appropriate, carry out investigations, provided that they obtain the consent of the companies concerned and inform the government representatives of the Member concerned and that that Member does not object to the investigation. The procedures set out in Annex I shall apply to investigations carried out in the territory of other Members. Subject to the obligation to protect confidential information, the authorities shall make the results of such investigations available to the undertakings to which they belong or disclose them in accordance with paragraph 9 and may make those results available to applicants. 8.4. If an undertaking is accepted, the dumping and injury investigation shall nevertheless be terminated if the exporter so wishes or if the authorities so decide. Where, in such a case, a negative finding of dumping or injury is made, the undertaking shall automatically cease to exist, unless such a finding is largely due to the existence of a price undertaking.
In such cases, the authorities may require that an undertaking be maintained for a reasonable period of time in accordance with the provisions of this Agreement. If dumping and injury are confirmed, the undertaking shall continue to comply with its conditions and the provisions of this Agreement. 3.7 The determination of a threat of material injury is based on facts and not just on distant allegations, presumptions or possibilities. The change in circumstances that would lead to a situation in which dumping would cause injury must be clearly foreseen and imminent. (10) In determining the risk of material injury, the authorities should take into account, inter alia, the following factors: 6.1 All interested parties in an anti-dumping investigation will be informed of the information requested by the authorities and will have sufficient opportunity to provide in writing any evidence which they consider relevant to the investigation in question. […].