Page 611 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

application Article 5.8 addresses the situation where an application has
been received but an investigation has not yet been initiated. That the text
of Article 5.8 continues after the quoted section to describe situations in
which an initiated investigation should be terminated, does not support
Guatemala's argument that the whole of Article 5.8 applies only after the
investigation has been initiated".

24.87. How WTO jurisprudence defines "an immediate termination". In Mexico
– Anti-Dumping Measures on Rice (DS-295), the Appellate Body, confirming the
Panel's finding, held that "the second sentence of Article 5.8 requires the immediate
termination of the investigation in respect of exporters for which an individual
margin of dumping of zero or de minimis is determined.

24.88. “The Appellate Body noted that" for the purposes of Article 5.8, there
is one investigation and not as many investigations as there are exporters
or foreign producers", and that the Panel had made the point that Article 5.8
requires "immediate termination" of the investigation in respect of the individual
exporter or producer for which a zero or de minimis margin is established.. The
Appellate Body further explained: "The issuance of the order that establishes anti-
dumping duties—or the decision not to issue an order—is the ultimate step of
the 'investigation' contemplated in Article 5.8; in most cases, an investigation is
'terminated' with the issuance of an order or a decision not to issue an order. Given
that the issuance of the order establishing antidumping duties necessarily occurs
after the final determination is made, the only way to terminate immediately an
investigation, in respect of producers or exporters for which a de minimis margin of
dumping is determined, is to exclude them from the scope of the order

XVII. REVIEW INVESTIGATIONS:

24.89. In WTO, Dispute US – DRAMS (DS-296) the panel described the requirement
in Article 11.3 and stated-
“The anti-dumping duties "shall remain in force only as long as and to the
extent necessary" to counteract injurious dumping, as "a general necessity
requirement."

24.90. The Appellate Body in WTO Dispute US – Oil Country Tubular Goods Sunset
Reviews (DS-268) also viewed the continuation of an anti-dumping duty as "an
exception to the otherwise mandated expiry of the duty after five years".

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