Page 281 - Regional Comprehensive Economic Partnership (RCEP)

Proceedings). The applicability of dispute settlement to this Section will ANNEX 7A
be subject to review in accordance with Article 20.8 (General Review).
PRACTICES RELATING TO ANTI-DUMPING AND
1
COUNTERVAILING DUTY PROCEEDINGS

The Parties recognise the right of the Parties to apply trade remedy
measures consistent with Article VI of GATT 1994, the AD Agreement,
2
and the SCM Agreement. The following practices are practised by
some Parties in accordance with their laws and regulations and may
promote the goals of transparency and due process in trade remedy
proceedings.

Opportunity to Remedy or Explain Deficiency in Request for
Information

1. If, in an anti-dumping or countervailing duty investigation, a
Party’s investigating authorities determine that an interested
party’s timely response to a request for information does not
comply with the request, the investigating authorities:

(a) inform that interested party that submitted the response of
the nature of the deficiency; and

(b) to the extent practicable in light of the time-limits
established to complete the anti-dumping or countervailing
duty investigations, provide that interested party with an
opportunity to remedy or explain the deficiency.

If that interested party submits further information in response to
the deficiency and the investigating authorities find such response
not satisfactory, or the response is not submitted within the
applicable time-limits, and if the investigating authorities disregard
all or part of the original and subsequent responses, the
investigating authorities explain the reasons for disregarding the
responses in the determination or other written document.

1 This Annex, and any matter arising under the Annex, shall not be subject to dispute
settlement under this Agreement and shall not prejudice the rights of the Parties to
apply the trade remedy measures consistent with Article VI of GATT 1994, the AD
Agreement, and the SCM Agreement.

2 The practices included in this Annex do not constitute a comprehensive list of
practices relating to anti-dumping and countervailing duty proceedings. No inference
shall be drawn from the inclusion or exclusion of a particular aspect of such
proceedings in this Annex.

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