Page 279 - Regional Comprehensive Economic Partnership (RCEP)
P. 279
(b) to the extent feasible without revealing confidential Article 7.13: Prohibition of Zeroing
information, non-confidential summaries of confidential
information contained in the record of each investigation or When margins of dumping are established, assessed, or reviewed under
review. Article 2, paragraphs 3 and 5 of Article 9, and Article 11 of the AD
Agreement, all individual margins, whether positive or negative, shall be
4. During an investigation or review, a Party’s investigating counted for weighted average-to-weighted average and transaction-to-
authorities shall make the non-confidential file of the investigation transaction comparison. Nothing in this Article shall prejudice or affect
or review available to interested parties either: a Party’s rights and obligations under the second sentence of
subparagraph 4.2 of Article 2 of the AD Agreement in relation to
(a) physically for inspection and copying during the weighted average-to-transaction comparison.
investigation authorities’ normal business hours; or
(b) electronically. Article 7.14: Disclosure of the Essential Facts
Each Party shall ensure, to the extent possible at least 10 days before
Article 7.12: Notification and Consultations the final determination, full and meaningful disclosure of all essential
facts under consideration which form the basis for the decision to apply
1. On receipt by a Party’s competent authorities of a properly measures, without prejudice to paragraph 5 of Article 6 of the AD
documented anti-dumping application with respect to imports Agreement and paragraph 4 of Article 12 of the SCM Agreement.
from another Party, the Party shall endeavour to provide written Disclosures shall be made in writing, and allow interested parties
notice to the other Party of its receipt of the application at least sufficient time to provide their comments. The investigating authorities
seven days before initiating such an anti-dumping investigation. of a Party should, in their final determination, take into account such
comments, if the comments have been received in the time frames
2. On receipt by a Party’s competent authorities of a properly established by that Party’s laws and regulations or by its investigating
documented countervailing duty application with respect to authorities.
imports from another Party, and before initiating an investigation,
the Party shall endeavour to provide written notice to the other
Party of its receipt of the application at least 20 days in advance Article 7.15: Treatment of Confidential Information
of the date of initiation of a countervailing investigation and invite
the other Party for consultations on the application. The Parties The investigating authorities of a Party shall require interested parties
concerned will endeavour to hold consultations within that period. providing confidential information to furnish non-confidential summaries
of such information, as referred to in subparagraph 5.1 of Article 6 of the
3. In view of the consultations referred to in paragraph 2, the Party AD Agreement. The non-confidential summaries referred to in
intending to initiate the investigation referred to in paragraph 2 subparagraph 5.1 of Article 6 of the AD Agreement shall be in sufficient
shall, before the initiation of the investigation, on request of the detail to permit a reasonable understanding of the substance of the
other Party, provide the non-confidential version of the complaint information submitted in confidence in order to allow other interested
to the other Party. The Party intending to initiate the investigation parties in the investigation an opportunity to respond and defend their
shall endeavour to provide adequate opportunity to the other interests, consistent with paragraph 2 of Article 6 of the AD Agreement.
Party to comment and submit additional information or
documents, as appropriate and in conformity with the procedural
rules provided for in the laws and regulations of the former Party. Article 7.16: Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 19
(Dispute Settlement) for any matter arising under this Section or Annex
7A (Practices Relating to Anti-Dumping and Countervailing Duty
7-11 7-12