What is a provisional anti-dumping duty?

Temporary anti-dumping measures refer to measures taken by the importing government of the investigated product to temporarily restrict imports from foreign countries after a preliminary determination during the anti-dumping investigation that dumping exists and has caused injury to its domestic industry. The main forms of such measures include: provisional anti-dumping duties, cash deposits, bonds or other forms of guarantees, and withholding of anti-dumping duties.

What are the basic procedures of an anti-dumping investigation?

An anti-dumping investigation refers to the procedures to be followed by the anti-dumping administrative authority of a country when investigating allegedly dumped products, based on an application filed by domestic industries that have suffered injury due to the dumping of imported products from abroad. The anti-dumping investigation procedures typically include stages such as filing the application, initiation of the investigation, investigation, determination, administrative review, and judicial review.

Who are the interested parties involved in anti-dumping investigation procedures?

Interested parties involved in the investigation procedures include: exporters or foreign producers of the investigated product, importers of the investigated product, trade or business associations most of whose members are producers, exporters, or importers of such product, the government of the exporting member country, and the producers of the like product in the importing country, or trade or business associations most of whose members produce the like product in the territory of the importing member. In addition to the above, member countries allow domestic or foreign other parties to be listed as interested parties in certain circumstances.

What is the initiation of an anti-dumping investigation?

After a preliminary review of the content of the application and the evidence provided by the applicant, if the anti-dumping investigation authority believes that the application is basically reasonable and the prima facie evidence is initially established, they can make a decision to initiate the investigation. Once the decision to initiate is made, the investigating authority shall promptly notify the parties of the investigated product and other interested parties known to have an interest in the investigation, and shall issue a public notice. The notice shall include or provide the following information through a separate report:

(1) the name of one or more exporting countries and the name of the product involved;

(2) the date of initiation of the investigation;

(3) the basis of the allegation of dumping in the application;

(4) a summary of the factors on which the allegation of injury is based;

(5) the address for interested parties to submit responses and other correspondence; and

(6) the time limits allowing interested parties to make their views known.

Under what circumstances will an anti-dumping investigation be terminated?

After the initiation of an anti-dumping investigation, if the following circumstances occur, the investigation shall be terminated promptly. These circumstances include:

(1) If the investigating authority is satisfied that there is insufficient evidence of either dumping or injury to justify proceeding with the case, the investigation shall be terminated immediately.

(2) If the investigating authority determines that the margin of dumping is de minimis, the investigation shall be terminated immediately.

(3) If the investigating authority determines that the actual or potential volume of dumped imports or the injury is negligible, the investigation shall be terminated immediately.

What is the necessity and method of disclosure in anti-dumping cases?

To ensure openness, fairness, and impartiality in anti-dumping investigations and determinations, the Anti-Dumping Agreement requires anti-dumping investigating authorities to disclose relevant information to relevant parties and interested parties in a timely manner during the investigation procedures, thereby ensuring the transparency of the authorities' administrative actions. Disclosure, in addition to being made through meetings or the issuance of formal documents, is usually in the form of issuing official notices and public announcements.

What is a preliminary determination in an anti-dumping case?

A preliminary determination refers to the importing country's investigation authority making an affirmative or negative preliminary determination regarding dumping or injury based on a preliminary investigation. The legal significance of a preliminary determination is that the investigating authority can take provisional anti-dumping measures based on it or decide whether to accept a price undertaking. The preliminary determination shall be made within a certain period.

What is a final determination in an anti-dumping case?

A final determination refers to the final confirmation by the investigating authority as to whether the imported product is dumped and whether it causes injury, and whether there is a causal relationship between the dumping and the injury, and a final ruling on whether to impose definitive anti-dumping duties. The final determination is made by the anti-dumping investigating authority after further investigation of the anti-dumping allegations raised by the applicant, based on an affirmative preliminary determination. The final determination shall be made within a certain period. It usually takes one year from the date of initiation to the final determination, which can be extended by up to 180 days in special circumstances.

What is an administrative review in anti-dumping cases?

An administrative review refers to a review conducted by the importing country's investigation authority, either on its own initiative or at the request of relevant parties, after a reasonable period of time has elapsed since the imposition of anti-dumping duties, to determine whether it is necessary to continue the imposition of anti-dumping duties or the fulfillment of price undertakings, so as to decide whether to maintain or terminate the imposition of anti-dumping duties or the implementation of price undertakings.

What is a sunset review in anti-dumping cases?

A sunset review is a special type of administrative review. According to the provisions of the WTO Anti-Dumping Agreement, any definitive anti-dumping duty shall be terminated within five years from the date of its imposition, or from the date of the most recent administrative review that simultaneously reviewed both dumping and injury. The investigating authority may conduct a review on its own initiative within the 5-year validity period, or conduct a review upon request by the domestic industry or representatives of the domestic industry within a reasonable period of time before that date. Until the result of the sunset review is reached, the originally determined duty measures may continue to be maintained.

What is judicial review in anti-dumping cases?

Judicial review refers to a judicial relief measure in anti-dumping investigation procedures where parties, who are dissatisfied with the administrative actions such as the final determination or administrative review decision made by the investigating authority of the importing country, may request review by an independent judicial, arbitral, or administrative tribunal.