How are “newcomers”–firms which begin to export only after anti-dumping duties are levied against exporters of the same country–being treated under the WTO Anti-dumping Agreement?
If a newcomer can show that he is not related to any of the exporters who are already subject to an anti-dumping duty, the authorities in the importing country will promptly carry out a review for the purpose of determining an individual margin of dumping, if any, for the newcomer. No anti-dumping duties will be assessed on the exports of the newcomer while the review–which is to be carried out on an accelerated basis–is undertaken. The authorities may, however, withhold the final clearance of the imported goods and /or request guarantees to ensure that, if necessary, anti-dumping duties can be levied retroactively to the date of the opening of the review.
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