Page 283 - Regional Comprehensive Economic Partnership (RCEP)

Undertakings
(a) the margins of dumping established, an explanation of the
2. After the importing Party’s investigating authorities initiate an anti- basis upon which normal values and export prices were
dumping or countervailing duty investigation, on request of the established, and of the methodology used in the
exporting Party, the importing Party transmits to the exporting comparison of the export prices and normal values
Party’s embassy located in the importing Party or the exporting including any adjustments; and
Party’s competent authorities written information regarding the
importing Party’s procedures for requesting its authorities to (b) information relevant to the injury determination, including
consider a price undertaking, including the time frames for information concerning the volume and the effect of the
offering and concluding any such undertaking. dumped imports on prices in the domestic market for like
goods, the detailed methodology used in the calculations
3. In an anti-dumping investigation, where the importing Party’s of price undercutting, the consequent impact of the
investigating authorities have made a preliminary affirmative dumped imports on the domestic industry, and the
determination of dumping and injury caused by such dumping, the demonstration of a causal relationship including the
importing Party affords due consideration, and provides an examination of factors other than the dumped imports as
opportunity for consultations, to exporters of the exporting Party referred to in paragraph 5 of Article 3 of the AD Agreement.
regarding the proposed price undertaking which, if accepted,
results in suspension of the investigation without imposition of 7. The public notice or the separate report sets forth the reasons for
anti-dumping duties, through the means provided for in the the acceptance or rejection of relevant arguments or claims made
importing Party’s laws, regulations, and procedures. by the exporters and importers referred to in subparagraph 2.2 of
Article 12 of the AD Agreement in sufficient detail to permit a
4. In a countervailing duty investigation, where the importing Party’s reasonable understanding of the investigating authorities’
investigating authorities have made a preliminary affirmative reasons for the acceptance or rejection and to allow the exporters
determination of subsidisation and injury caused by such and importers to assess whether the investigating authorities’
subsidisation, the importing Party affords due consideration, and treatment of those arguments or claims were consistent with laws
provides an opportunity for consultations, to the exporting Party and regulations of the Party of the investigating authorities, and
and its exporters, regarding the proposed undertaking which, if the WTO Agreement.
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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