Page 277 - Regional Comprehensive Economic Partnership (RCEP)

SECTION B
3. On request of another Party, a Party intending to take safeguard ANTI-DUMPING AND COUNTERVAILING DUTIES
measures pursuant to Article XIX of GATT 1994 and the
Safeguards Agreement shall immediately provide written notice
or Uniform Resource Locator of all pertinent information required Article 7.11: General Provisions
under paragraphs 1, 2, and 4 of Article 12 of the Safeguards
Agreement on the initiation of a safeguard investigation, the 1. The Parties retain their rights and obligations under Article VI of
preliminary determination, and the final finding of the GATT 1994, the AD Agreement, and the SCM Agreement. This
investigation. A Party shall be deemed to be in compliance with Section affirms and builds on those rights and obligations.
this paragraph if it has notified the measure to the WTO
Committee on Safeguards in accordance with Article 12 of the 2. In any proceeding in which the investigating authorities of a Party
Safeguards Agreement. determine to conduct an on-the-spot investigation to verify
information provided by a respondent and pertinent to the
3
4. No Party shall apply, with respect to the same good, at the same calculation of anti-dumping duty margins or the level of a
time: countervailable subsidy, the investigating authorities shall
promptly notify that respondent of their intent, and:
(a) a provisional or transitional RCEP safeguard measure; and
(a) shall endeavour to provide to the respondent at least seven
(b) a measure under Article XIX of GATT 1994 and the days advance notice of the date on which investigating
Safeguards Agreement. authorities intend to conduct any such on-the-spot
investigation to verify the information; and

Article 7.10: Other Provisions (b) shall endeavour to, at least seven days prior to any such
on-the-spot investigation to verify the information, provide
1. Each Party shall ensure the consistent, impartial, and reasonable to the respondent a document that sets forth the topics the
administration of its laws and regulations relating to transitional respondent should be prepared to address during the
RCEP safeguard measures. verification and that describes the types of supporting
documentation the respondent is to make available for
2. Each Party shall adopt or maintain equitable, timely, transparent, review,
and effective procedures relating to transitional RCEP safeguard
measures. provided that the implementation of subparagraphs (a) and (b)
does not unnecessarily delay the conduct of the investigation.
3. A written notice referred to in paragraph 1 of Article 7.3
(Notification and Consultation), paragraph 3 of Article 7.7 3. A Party’s investigating authorities shall maintain a non-
(Compensation), and paragraph 2 of Article 7.8 (Provisional confidential file for each investigation and review containing:
RCEP Safeguard Measures) shall be in the English language.
(a) all non-confidential documents which are part of the record
of the investigation or review; and

3 For the purposes of this paragraph, “respondent” means a producer, manufacturer,
exporter, importer, and, where appropriate, a government or government entity, that is
required by a Party’s investigating authorities to respond to an anti-dumping or
countervailing duty questionnaire.

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