Page 179 - Compendium_of_Law&Regulations

Article VI of GATT, 1994

authorized should normally be made within 90 days of the above-noted
decision.

9.3.3 In determining whether and to what extent a reimbursement should be
made when the export price is constructed in accordance with paragraph
3 of Article 2, authorities should take account of any change in normal
value, any change in costs incurred between importation and resale, and

any movement in the resale price which is duly reflected in subsequent
selling prices, and should calculate the export price with no deduction for
the amount of antidumping duties paid when conclusive evidence of the
above is provided.

9.4 When the authorities have limited their examination in accordance with the
second sentence of paragraph 10 of Article 6, any antidumping duty applied to
imports from exporters or producers not included in the examination shall not

exceed:

(i) the weighted average margin of dumping established with respect to the
selected exporters or producers or,

(ii) where the liability for payment of antidumping duties is calculated on the
basis of a prospective normal value, the difference between the weighted
average normal value of the selected exporters or producers and the export
prices of exporters or producers not individually examined,

provided that the authorities shall disregard for the purpose of this
paragraph any zero and de minimis margins and margins established under
the circumstances referred to in paragraph 8 of Article 6. The authorities
shall apply individual duties or normal values to imports from any
exporter or producer not included in the examination who has provided the
necessary information during the course of the investigation, as provided
for in subparagraph 10.2 of Article 6.

9.5 If a product is subject to antidumping duties in an importing Member, the
authorities shall promptly carry out a review for the purpose of determining

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