Page 585 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

indications that anti-dumping measures could only be imposed to offset
dumping currently causing injury. The data on which such a determination
was made could be based on a past period, although given that "historical"
data was being used to draw conclusions about the current situation it was
likely that more recent data would be "inherently more relevant and thus
especially important to the investigation.”

VI. INITIATION, NOTIFICATION & COMMUNICATION

24.18. In WTO Dispute Mexico – Steel Pipes and Tubes (DS-331) the panel has
explained the importance of evidence in initiating the process of investigation in the
following manner—
“Article 5.3, read in light of Article 5.2, made it clear that there needed to
be sufficient evidence in the application on dumping, injury, and causation
in order to justify initiating an investigation:

"Although there is no express reference to evidence of "dumping" or "injury"
or "causation" in Article 5.3, evidence on the three elements necessary for
the imposition of an anti-dumping measure may be inferred into Article 5.3
by way of Article 5.2. In particular, Article 5.2 requires that the application
contain evidence on dumping, injury, and causation, and Article 5.3 requires
the investigating authority to satisfy itself as to the accuracy and adequacy
of 'the evidence provided in the application' to determine that that evidence
is sufficient to justify initiation. Thus, reading Article 5.3 in the context of
Article 5.2 makes clear that the evidence to which Article 5.3 refers is the
evidence in the application concerning dumping, injury and causation".
Pursuant to Article 12.1 of WTO Antidumping Agreement, the investigation
authority has to satisfy that there is sufficient evidence to justify the initiation
of an anti-dumping investigation pursuant to Article 5, the Member or
Members the products of which are subject to such investigation and other
interested parties known to the investigating authorities to have an interest
therein shall be notified and a public notice shall be given.
Further in terms of Article 12.1.1 of WTO Antidumping Agreement, A
public notice of the initiation of an investigation shall contain, or otherwise
make available through a separate report, adequate information on the
following:

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