Page 282 - Regional Comprehensive Economic Partnership (RCEP)

Undertakings

2. After the importing Party’s investigating authorities initiate an anti-
dumping or countervailing duty investigation, on request of the
exporting Party, the importing Party transmits to the exporting
Party’s embassy located in the importing Party or the exporting
Party’s competent authorities written information regarding the
importing Party’s procedures for requesting its authorities to
consider a price undertaking, including the time frames for
offering and concluding any such undertaking.

3. In an anti-dumping investigation, where the importing Party’s
investigating authorities have made a preliminary affirmative
determination of dumping and injury caused by such dumping, the
importing Party affords due consideration, and provides an
opportunity for consultations, to exporters of the exporting Party
regarding the proposed price undertaking which, if accepted,
results in suspension of the investigation without imposition of
anti-dumping duties, through the means provided for in the
importing Party’s laws, regulations, and procedures.

4. In a countervailing duty investigation, where the importing Party’s
investigating authorities have made a preliminary affirmative
determination of subsidisation and injury caused by such
subsidisation, the importing Party affords due consideration, and
provides an opportunity for consultations, to the exporting Party
and its exporters, regarding the proposed undertaking which, if
accepted, results in suspension of the investigation without
imposition of countervailing duties, through the means provided
for in the importing Party’s laws, regulations, and procedures.

Public Notice and Explanation of Determination

5. When a public notice of final determination referred to in
paragraph 2 of Article 12 of the AD Agreement is given, the public
notice sets forth, or otherwise make available through a separate
report, in sufficient detail, the findings and conclusions reached
on all issues of fact and law considered material by the
investigating authorities. Such findings and conclusions included
in the public notice or the separate report also include the
rationale behind the findings and conclusions of the investigating
authorities.

6. For the purposes of paragraph 5 and subject to the protection of
confidential information, the public notice or the separate report
contains in particular:

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