What is the rule 5 of anti-dumping rules?

Asked by: Floyd Gibson  |  Last update: January 24, 2026
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(5) The designated authority shall also provide opportunity to the industrial users of the article under investigation, and to representative consumer organisations in cases where the article is commonly sold at the retail level, to furnish information which is relevant to the investigation regarding dumping, injury ...

What is Article 5 of the WTO?

Article 5 specifies that a Member may, under certain conditions, impose a special safeguard on imports of an agricultural product 'in respect of which measures referred to in [Article 4.2] have been converted into an ordinary customs duty'.

What are anti-dumping rules?

Anti dumping is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect. Thus, the purpose of anti dumping duty is to rectify the trade distortive effect of dumping and re-establish fair trade.

What is anti-dumping requirement?

The Agreement requires that a fair comparison of the export price and the normal value be made. The basic requirements for a fair comparison are that the prices being compared are those of sales made at the same level of trade, normally the ex-factory level, and of sales made at as nearly as possible the same time.

What is the formula for anti-dumping?

Anti-dumping duty = Normal Value – Export Value

The normal value of the good is the domestic market value of a particular product. However, if the product does not exist in the domestic market, the Government uses the prices of any similar product available in the local market.

Anti-dumping Law: The Basic Concepts

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How is dumping calculated?

Calculating a dumping margin

Dumping occurs when goods are imported into a country at a price that is below their normal value. A dumping margin is the difference between the export price and the normal value of the goods, described as a percentage of the export price.

What is the formula for purging?

ASTM G-124 provides the following equation to determine the minimum number of purges required to reach this level of purity in a test chamber: n = -4/log10(Pa/Ph), where “n” is the total number of purge cycles required, Ph is the absolute pressure used for the purge on each cycle and Pa is the atmospheric pressure or ...

What is an example of anti-dumping law?

For example, if a company began to import wood flooring from Indonesia or the Philippines instead of China which is already subject to an anti-dumping order, and there was not enough data on wood flooring in those countries, the USDC could determine that China is a surrogate country for the purposes of fair market ...

What is the de minimis rule for anti-dumping?

Imports whose volume is less than 1 percent of total domestic consumption shall be considered de minimis or negligible. Bi-ministerial Decision, Art. 33. The margin of dumping shall be considered de minimis if it is less than two percent of the export price.

What is the federal anti-dumping law?

With the Antidumping Act of 1921, Congress loosened the requirements to permit federal action to keep out foreign products not only if foreign companies engaged in predatory pricing, but merely if their products were deemed to be priced lower than similar American products, regardless of whether predatory pricing was ...

What is the basic anti-dumping?

Anti-dumping measures can be put on imports of specific products if the Commission's anti-dumping investigation justifies it. These measures are usually in the form of an 'ad valorem' duty. Other measures that can be applied include a fixed or specific amount of duty or, in some cases, a minimum import price.

How do you determine anti dumping duties?

The duty is priced in an amount that equals the difference between the normal costs of the products in the importing country and the market value of similar goods in the exporting country or other countries that produce similar products.

What are the three types of dumping?

Types of Dumping
  • Sporadic dumping. Companies dump excess unsold inventories to avoid price wars in the home market and preserve their competitive position. ...
  • Predatory dumping. Unlike sporadic dumping, which is occasional, predatory dumping is permanent. ...
  • Persistent dumping. ...
  • Reverse dumping.

What is Article 5 mainly about?

art. V ( The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments. . .. ).

What is Article 5 of the DSU?

5. If the parties to a dispute agree, procedures for good offices, conciliation or mediation may continue while the panel process proceeds. 6. The Director-General may, acting in an ex officio capacity, offer good offices, conciliation or mediation with the view to assisting Members to settle a dispute.

What is the Article 5 Treaty?

Article 5 provides that if a NATO Ally is the victim of an armed attack, each and every other member of the Alliance will consider this act of violence as an armed attack against all members and will take the actions it deems necessary to assist the Ally attacked.

What is anti-dumping rule?

They allow countries to act in a way that would normally break the GATT principles of binding a tariff and not discriminating between trading partners — typically anti-dumping action means charging extra import duty on the particular product from the particular exporting country in order to bring its price closer to ...

Who enforces anti-dumping laws?

Commerce works closely with U.S. Customs and Border Protection (CBP) on AD/CVD proceedings. They are responsible for enforcing AD/CVD laws on imported goods. CBP also collects AD/CVD cash deposits, administers AD/CVD entries/ assesses and collects final AD/CVD, and enforced AD/CVD on imports that evade AD/CVD orders.

What is anti-dumping duty in simple words?

Anti-dumping duties are taxes imposed on imported goods in order to compensate for the difference between their export price and their normal value, if dumping causes injury to producers of competing products in the importing country.

Is dumping illegal in the US?

Dumping in unauthorized locations is a crime, and is considered a large concern by local governments and citizens alike. Illegal dump sites are not only unsightly, they are a public health hazard and also have great economic impact.

What is an example of dumping in real life?

In 2018, the US government found out that Chinese companies were dumping heat and fire-resistant silica fabric in the US market. The Chinese companies were selling the same product for 30% less in the US market, causing the domestic US companies to lose contracts gradually.

What are the disadvantages of anti dumping?

Drawbacks of Anti-Dumping Duty

Anti-dumping duty, while aiming to protect domestic industries, can hinder free trade between economies. By imposing barriers to entry, the country implementing such duties may experience restricted market access, potentially impacting its economy negatively.

What are the two types of purge?

There are several types of purging, including: • Self-induced vomiting • Misuse of laxative or diuretic medication • Other methods that are designed to get rid of food or liquid from the body (such as misusing medications or chewing and spitting foods).

What are the 3 common chemicals used for purging?

Typical additives used are glass fiber, calcium, and talc.

What is purge ratio?

The purge ratio is defined as the ratio of the overall purge factor for an impurity to the purge factor required to reduce the impurity to below the permitted daily exposure (PDE), threshold of toxicological concern (TTC), or acceptable intake (AI).