Page 593 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

only provisions that provide guidance as to how the price effects and effects
on the domestic industry of the dumped imports are to be gauged are
Articles 3.2 and Article 3.4. Neither of these provisions specifies particular
time periods for these analyses...”

24.40. In a WTO dispute Argentina – Poultry Anti-Dumping Duties (DS-241),
the Panel rejected the argument that the periods of review used for the separate
dumping and injury determination must end at the same time.

"There is nothing in the AD Agreement to suggest that the periods of
review for dumping and injury must necessarily end at the same point in
time. Indeed, since there may be a time-lag between the entry of dumped
imports and the injury caused by them, it may not be appropriate to use
identical periods of review for the dumping and injury analyses in all cases.”

24.41. In a WTO dispute the US –DRAMs (DS-296), the Panel has explained the
competent authorities duty with regards to the price effect as per Article 15.2:

"Article 15.2 of the SCM Agreement requires the competent authority to
analyse "the effect of the subsidized imports on [domestic] prices." In light
of the plain meaning of this text, the competent authority is only required
to examine the price effects of subsidized imports. It is not required to
also examine the price effects of non-subsidized imports, or pricing on a
combined brand basis. Such examinations would extend beyond the price
effects of subsidized imports, and therefore are not required by Article
15.2”.
24.42. The Appellate Body in US-Hot Rolled Steel, explained the methodology for
carrying out the non-attribution analysis as follows:

“The non-attribution language in Article 3.5 of the Anti-Dumping Agreement
applies solely in situations where dumped imports and other known factors
are causing injury to the DI at the same time. In order that investigating
authorities, applying Article 3.5, are able to ensure that the injurious effects
of the other known factors are not "attributed" to dumped imports, they
must appropriately assess the injurious effects of those other factors.
Logically, such an assessment must involve separating and distinguishing
the injurious effects of the other factors from the injurious effects of the
dumped imports. If the injurious effects of the dumped imports are not
appropriately separated and distinguished from the injurious effects of the

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