IMPOSITION AND COLLECTION OF ANTI-DUMPING DUTIES: (Art.

9) The Anti-Dumping Agreement does not provide strict provisions regarding duty imposition on dumping. As per the condition containing by the ADA is the powers are issued to the national authorities to impose anti-dumping duties on foreign countries/exporting countries goods. This is fully depends upon the discretion of the national authorities. All the anti-dumping duties should be imposed on the exporting country in non-discriminatory basis. Because, if goods may be export by a foreign country into domestic market of the importing country is found to be dumped and causing severe injury, an anti-dumping duty shall be imposed on the foreign country. Here, an exception clause also available for this rule. The rule is, imposition of anti-dumping duty cant be applicable to an exporting countrys goods/articles which is previously issued the price undertakings. RETROACTIVITY: (Art.10) The provisional measures may not be imposed in retro active basis. It is applicable to the products which are, entered into the domestic industry for the purpose of consumption. Whenever, the final determination will be identified, afterwards the injury might be calculated. Then the retroactivity shall be applied. If, the final determination will be found in negative, the cash deposits are refunded and the bonds are also released, to the exporting country, what ever deposits are sought by the authorities during the final determination. This refund shall be made in an immediate manner. No delays shall be allowed in this refund. The definitive duty may impose on the products, before the imposition of provisional measures. But, this imposition shall not be more than 90 days prior to the provisional measures.

DURATION AND REVIEW OF ANTI-DUMPING DUTIES: (Art.11) The anti-dumping duties will effect to as long as the dumping will be causing injury on the domestic industry. The continuation of duty may be reviewed by the authorities on their own discretion or after lapse of a reasonable period of time, or on the request made by any interesting party. The authorities may decide that, no anti-dumping duty is necessary after the review, an anti-duty can be terminated. The burden will be left to the administrating authorities, not to the exporters to the determination of duty shall be remain in the domestic market beyond 5 years period of time in order to prevent the continuation or recurrence of dumping and injury on the domestic market. If, an exporter may agreed and enter into a price undertaking, the investigation procedures may be suspended and the duties cant be imposed. The investigating authorities may not seek or accept the price undertakings, they can make an affirmative preliminary determinations of dumping and injury. Many countries feel that, the investigation procedures are too long and expensive in nature. Because, the investigation procedures will be found negative on later, the exporters will be faced huge trade losses, legal costs etc., because all the pre expenses were spent by the exporting countries regarding dumping into the domestic country. PUBLIC NOTICE AND EXPLANATION OF DETERMINATION: (Art.12) The ADA requires that, the authorities satisfied with the proof of the existence of the dumping in the importing country. The member of whose product is being under investigation and other interested parties are requested to appear before the authorities. A public notice should be send to all the interested parties to participate in the investigation

proceedings. A notice should be containing the subject matter relating to the imposition of provisional and definitive measures and price undertakings. Such as, 1. Name of an exporting country/countries; 2. Involvement of the product; 3. Allegedly dumping of goods mentioned in the application; 4. Summary of factors relating to the allegation of injury; 5. The venue address for the association of interested parties; 6. The time limitation to the parties to express their views. All such notices and reports should be sending to interested parties under the matters in investigation. Such notice considered as a confidential part of price undertaking. If, an exporter or producer may not participate into such investigation, it might be clearly stated in such notice. The prime object of this public notice is to make the process in transparent and accessible to all the WTO members. JUDICIAL REVIEW: (Art.13) Each member countries has been separate legislation for maintain their anti-dumping procedures. Single member country has been the provisions in its legislation regarding imposition and collection of anti-dumping duties. They must be maintaining judicial, arbitral or administrative tribunals or procedures. These procedures are used for the purpose of do the review of administrative actions regarding to the final determinations. According to the WTO rules, procedures and tribunals of such judicial reviews might be independent of the authorities while conducting an anti-dumping proceeding. This judicial review may be given an opportunity to an exporter as well as an importer and the

interested parties in the matter of review. An enforcement of this provision fully left to the member countrys domestic law and judicial systems. ANTI-DUMPING ACTION ON BEHALF OF A THIRD COUNTRY: (Art.14) An anti-dumping action can be filed by a third party/country on behalf of affected party/country. This application shall be made to the authorities of the third country/party to take an action against alleged dump of goods. This application must be supported with the evidence of injury by the alleged dumping. The authorities may consider such application and found alleged dumping and its impacts, consequences on the importing countrys domestic market. This is a special provision regarding an anti-dumping action can be taken on behalf of a third country/party. DEVELOPING COUNTRY MEMBERS: (Art.15)