6.12 The authorities offer industrial users of the product under investigation and representative consumer organizations the opportunity to provide information useful to the investigation of dumping, harm and causation in cases where the product is usually sold at the retail level. 5.8 An application in paragraph 1 is dismissed and the investigation is immediately closed as soon as the relevant authorities are satisfied that there is insufficient evidence of recovery or prejudice to justify the continuation of the proceedings. When the authorities find that the margin of dumping is de minimis or that the volume of imports dumped, real or potential, the damage is negligible, the costs of dissemination are immediately ended. The dumping margin is considered de minimis if this range is less than 2%, expressed as a percentage of the export price. The volume of dumped imports is generally considered negligible when it is determined that the volume of dumped imports from a given country accounts for less than 3% of imports of the similar product into the import Member State, unless countries that individually account for less than 3% of imports of the similar product into the import Member State account for more than 7% of similar imports into the import Member State. Member. Article 5 sets out the conditions for opening investigations. The AD agreement provides that investigations should normally be initiated on the basis of a written request made “by or on behalf” of a domestic industry. This “permanent” requirement is supported by numerical limits to determine whether domestic producers receive sufficient assistance to conclude that the application is submitted by or on behalf of the domestic industry, which warrants an introduction. The AD agreement establishes, in written requests for anti-dumping measures relating to declarations, prejudice and causation, as well as other information relating to the product, industry, importers, exporters and other issues, in written requests for anti-dumping protection, and provides that, in special circumstances, where the authorities soggy without a written request from a domestic industry, they can only conduct if they have sufficient evidence of dumping. , harm and harm. and causality. In order to ensure that worthless investigations do not continue, which could disrupt legitimate trade, Article 5.8 provides for the immediate closure of investigations in cases where the volume of imports is negligible or if the dumping margin is de minimis, and sets numerical thresholds for these findings.
In order to minimize the commercial effect of investigations, Article 5.10 stipulates that investigations must be closed within one year, under no circumstances after the opening of 18 months. One of the main objectives of the agreement procedure is to ensure transparency of the procedure, to enable the parties to fully defend their interests and to adequately explain their findings by the investigating authorities. Detailed and detailed procedural requirements for investigations focus on the sufficient number of petitions (through minimum information and “permanent” requirements) to ensure that no investigation is opened without value, on setting deadlines for closing investigations and providing information to all interested parties, as well as on appropriate opportunities to present their views and arguments.