The provisions of the agreement for the collection of evidence stipulate that, upon initiation of an investigation, the public authorities must provide the full text of the written application to all known exporters. All interested parties will have access to non-confidential information and will have the opportunity to meet with parties with adverse interests, so that opposing views and rebuttal arguments can be advanced. Before deciding definitively whether dumping has occurred, government authorities must inform all interested parties of the essential facts and give them sufficient time to defend their interests. As a general rule, anti-dumping duties are instituted on all imports of manufactured goods manufactured on or after the date of provisional finding of dumping, harm and causation. All WTO members (offsite link) are parties to this agreement, whose full name is „the agreement on the implementation of Article VI of the 1994 General Agreement on Tariffs and Trade“. It came into force on January 1, 1995. In accordance with the Doha Ministerial Declaration, negotiations on the anti-dumping agreement are under way. The agreement has no expiry date. Negotiations are expected to be completed by 1 January 2005. The full name of the agreement is the agreement to implement Article VI of the 1994 General Agreement on Tariffs and Trade.
In this chapter, it is called the „anti-dumping agreement,“ „agreement“ or „ADA.“ The term „anti-dumping“ is often written as a word without hyphen. However, Article VI of the GATT and the ADA contain the hyphen and that is why I followed this spelling in this chapter. The agreement then establishes rules to determine whether dumped imports cause harm to a domestic industry producing a similar product. Harm is defined as physical harm itself, the risk of physical harm, or a significant delay in the creation of a national industry. Public authorities must demonstrate the harm suffered by domestic industry and dumped imports are the source of this harm.
