Статья 3.3. Антидемпинговые меры / Article 3.3. Anti-Dumping Measures

Article 3.3
Anti-Dumping Measures

1. For the purposes of an anti-dumping investigation and any subsequent anti-dumping proceedings, including reviews, each Party shall not apply any methodology for determination of the normal value of the like product destined for consumption in the domestic market of the exporting Party based on surrogate country data in whole or in part, pursuant to paragraph 7 of Article 2 of the Anti-Dumping Agreement or the second Supplementary Provision to paragraph 1 of Article VI of GATT 1994 contained in Annex I to the GATT 1994.

2. For the purposes of an anti-dumping investigation and any subsequent anti-dumping proceedings, including reviews, each Party shall not apply any methodology that permits it to disregard or adjust costs data pertaining to producers or exporters of the like product destined for consumption in the domestic market of the exporting Party in cases where an investigating authority concludes that because of any specific characteristics of the market of the factors of production used in the manufacturing of the like product:

(a) a particular market situation exists in the market of the like product; or

(b) costs data kept in the records of producers or exporters of the product under investigation does not reasonably reflect the costs associated with the production and sale of the product under consideration provided that the records suitably and sufficiently correspond to or reproduce those costs actually incurred by those exporters or producers.