Provisional measures and anti-dumping duties apply only to products imported for consumption after the effective date of the section 7, paragraph 1 and Article 9, paragraph 1 decision, subject to the exceptions in this article. Article 18.3 determines the entry into force of the AD agreement, provided it applies to investigations and reviews of existing measures that were initiated as a result of requests made at or after the AD agreement came into force. Article 18.4 requires members to bring their legislation into compliance with the AD agreement until the effective date of the AD agreement. Under section 18.5, members are required to disclose their anti-dumping laws and regulations to the Committee. It is recognized that members of developed countries have paid particular attention to the particular situation of members of developing countries when applying anti-dumping measures under this agreement. The possibilities for constructive remedial measures under this agreement are discussed prior to the application of anti-dumping duties if they undermine the essential interests of members of developing countries. 11. In addition, Brazil argues that Article VI:2 of the 1994 GATT required the European Commission to establish dumping under Article 2.4.2, second sentence. Article VI:2 allows a WTO member to collect anti-dumping duties only “in order to compensate or prevent dumping.” To fulfil this basic requirement, he said, the European Commission was obliged to adopt a “reasonable assumption for the future” based on the data collected in the POI, in order to “anticipate the level of anti-dumping duty, which was absolutely necessary to avoid dumping in the future”.
16 The European Commission was therefore obliged to choose the method most in accordance with Article 2.4.2, that is, the method prescribed in Article 2.4.2, the second sentence, and in particular a comparison between the average normal value applied (based on the data relating to the whole POI) and the prices of individual export transactions that took place following the devaluation in the POI. By not using this method and imposing tariffs despite the effects of the devaluation, Brazil acted in contradiction with Article VI:2 of the 1994 GATT and, therefore, Article 1 of the anti-dumping agreement. an interim positive finding of dumping and the resulting harm to a domestic industry has been established; the existence of dumping that has caused harm, or that the importer was or should have been aware that the exporter is dumping and that dumping would cause harm, and, subject to the fair comparison provisions set out in paragraph 4, the existence of dumping margins during the investigation phase is generally based on a comparison between an average applied normal value and an average price of comparable to exports. or by comparing normal value and export prices on a transaction-based basis. A normal value calculated on the basis of a watery average can be compared to the prices of individual export transactions when the authorities establish an export price model that vary considerably from one customer, region or region to region, and explain why these differences cannot be adequately taken into account by the use of an average to medium average or an appropriate transactional comparison. When considering such a request, the authorities of the importing country examine the impact of the alleged dumping on the entire industry concerned in the third country; In other words, the harm is not assessed solely on the basis of the impact of the alleged dumping on industry exports to the importing country or even on the industry`s total exports.
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