반덤핑관련 GATT 규정및 WTO 협정 가.GATT제6조 나.WTO 반덤핑협정
가.GATT제6조반덤핑관세및상계관세 1. 체약당사자들은덤핑, 즉일국의상품이그상품의정상가격보다낮게타국의상거래에도입되는것이체약당사자영토내의기존산업에실질적인피해를야기하거나야기할우려가있는경우또는국내산업의설립을실질적으로지연시키는경우이러한덤핑이비난받아야한다는것을인정한다. 이조의목적상일국에서타국으로수출되는상품의가격이다음의어느하나에해당되는경우동상품은정상가격보다낮게수입국의상거래에도입되는것으로간주된다. (a) 수출국에서정상적인거래과정에서소비용인동종상품의비교가능한가격보다낮은경우또는 (b) 이러한국내가격이없는경우에는다음둘중하나보다낮은경우 Article VI Anti-dumping and Countervailing Duties 1. The contracting parties recognize that dumping, by which products of one country are introduced into the commerce of another country at less than the normal value of the products, is to be condemned if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry. For the purposes of this Article, a product is to be considered as being introduced into the commerce of an importing country at less than its normal value, if the price of the product exported from one country to another (a) is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country, or, (b) in the absence of such domestic price, is less than either (i) 정상적인거래과정에서제3국으로의수출을위한동종상품의최고의비교가능한가격또는 (i) the highest comparable price for the like product for export to any third country in the ordinary course of trade, or (ii) 원산지국에서의상품의생산비용에판매비용및이윤을합리적으로가산한것 (ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and
profit. 판매조건의차이, 과세의차이및가격비교가능성에영향을미치는그밖의차이점들에대하여서도각각의경우에적절한고려를한다. Due allowance shall be made in each case for differences in conditions and terms of sale, for differences in taxation, and for other differences affecting price comparability. 2. 체약당사자는덤핑을상쇄하거나방지하기위하여덤핑된상품에 대하여동상품의덤핑마진을초과하지아니하는만큼의반덤 핑관세를부과할수있다. 이조의목적상덤핑마 진은 제1 항의규정에따라결정되는가격차이다. 2. In order to offset or prevent dumping, a contracting party may levy on any dumped product an anti-dumping duty not greater in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 1. 3. 다른체약당사자의영토내로수입되는체약당사자영토의상품에대하여는, 특정상품의운송에대한특별보조금을포함하여원산국또는수출국에서동상품의제조, 생산또는수출에대하여직접적또는간접적으로지급된것으로결정된장려금또는보조금의추산액과동일한금액을초과하여어떠한상계관세도부과되지아니한다. 상계관세 라는용어는상품의제조, 생산또는수출에대하여직접적또는간접적으로부여된장려금또는보조금을상쇄할목적으로부과되는특별관세를의미하는것으로양해한다. 4. 다른체약당사자의영토로수입되는체약당사자영토의어떠 3. No countervailing duty shall be levied on any product of the territory of any contracting party imported into the territory of another contracting party in excess of an amount equal to the estimated bounty or subsidy determined to have been granted, directly or indirectly, on the manufacture, production or export of such product in the country of origin or exportation, including any special subsidy to the transportation of a particular product. The term "countervailing duty" shall be understood to mean a special duty levied for the purpose of offsetting any bounty or subsidy bestowed, directly or indirectly, upon the manufacture, production or export of any merchandise. 4. No product of the territory of any contracting party imported
한상품도원산국또는수출국에서소비용인동종상품이부담하는관세또는조세로부터동상품이면제된다는이유로또는이러한관세또는조세가환불된다는이유로반덤핑또는상계관세의부과대상이되지아니한다. into the territory of any other contracting party shall be subject to anti-dumping or countervailing duty by reason of the exemption of such product from duties or taxes borne by the like product when destined for consumption in the country of origin or exportation, or by reason of the refund of such duties or taxes. 5. 다른체약당사자의영토내로수입되는체약당사자영토의어떠한상품도덤핑또는수출보조금지급이라는동일한상황을보상하기위한반덤핑및상계관세의병과대상이되지아니한다. 5. No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing duties to compensate for the same situation of dumping or export subsidization. 6. (a) 어떠한체약당사자도덤핑또는보조금지급의효과가기존국내산업에실질적인피해를야기하거나야기할우려가있는정도이거나국내산업의설립을실질적으로지연시키는정도라고결정한경우가아니면다른체약당사자영토의상품수입에대하여반덤핑또는상계관세를부과하지아니한다. (b) 체약당사자단은체약당사자가그영토에상품을수출하는또다른체약당사자영토의산업에실질적인피해를야기하거나야기할우려가있는덤핑또는보조금지급을상쇄할목적으로그상품의수입에대하여반덤핑또는상계관세를부과할수있도록허용하기위하여이항 (a) 호의요건을면제할수있다. 체약당사자단은보조금 6. (a) No contracting party shall levy any anti-dumping or countervailing duty on the importation of any product of the territory of another contracting party unless it determines that the effect of the dumping or subsidization, as the case may be, is such as to cause or threaten material injury to an established domestic industry,orissuchastoretard materially the establishment of a domestic industry. (b) The CONTRACTING PARTIES may waive the requirement of subparagraph (a) of this paragraph so as to permit a contracting party to levy an anti-dumping or countervailing duty on the importation of any product for the purpose of offsetting dumping or subsidization which causes of threatens material injury to an industry in the
이수입체약당사자의영토에관련상품을수출하는또다른체약당사자영토의산업에실질적인피해를야기하거나야기할우려가있다는것을인정하는경우상계관세를부과할수있도록이항 (a) 호의요건을면제하여야한다. (c) 그러나지연으로인해회복하기어려운손해가초래될수도있는예외적인상황에서는, 체약당사자는이항 (b) 에언급된목적을위하여체약당사자단의사전승인없이도상계관세를부과할수있다. 단, 동조치는즉시체약당사자단에보고되어야하며, 체약당사자단이승인하지아니하는경우에는상계관세는즉시철회되어야한다. 7. 수출가격의변동과는독립적으로일차물품의국내가격또는국내생산자의소득을안정시키기위한체제는때때로동종물품에대하여국내시장에서구매자에게부과되는비교가능한가격보다낮은가격으로동물품을수출용으로판매하는결과를초래하는데, 동체제는당해물품에대하여실질적인이해관계가있는체약당사자간의협의에의하여다음과같이결정되는경우제6항의의미내에서의실질적인피해를야기하지아니하는것으로추정된다. territory of another contracting party exporting the product concerned to the territory of the importing contracting party. The CONTRACTING PARTIES shall waive the requirements of sub-paragraph (a) of this paragraph, so as to permit the levying of a countervailing duty, in cases in which they find that a subsidy is causing or threatening material injury to an industry in the territory of another contracting party exporting the product concerned to the territory of the importing contracting party. (c) In exceptional circumstances, however, where delay might cause damage which would be difficult to repair, a contracting party may levy a countervailing duty for the purpose referred to in sub-paragraph (b) of this paragraph without the prior approval of the CONTRACTING P A R T I E S ; Provided that such action shall be reported immediately to the CONTRACTING PARTIES and that the countervailing duty shall be withdrawn promptly if the CONTRACTING PARTIES disapprove. 7. A system for the stabilization of the domestic price or of the return to domestic producers of a primary commodity, independently of the movements of export prices, which results at times in the sale of the commodity for export at a price lower than the comparable price charged for the like commodity to buyers in the domestic market, shall be presumed not to result in material injury within the meaning of
paragraph 6 if it is determined by consultation among the contracting parties substantially interested in the commodity concerned that: (a) 동체제가동종물품에대하여국내시장에서구매자에게부과되는비교가능한가격보다높은가격으로동물품을수출용으로판매하는결과를또한초래하였다. 그리고, (a) the system has also resulted in the sale of the commodity for export at a price higher than the comparable price charged for the like commodity to buyers in the domestic market, and (b) 동체제가, 효과적인생산규제나여타의방법둘중하나에의하여수출을부당하게촉진하거나달리다른체약당사자의이익을심각하게저해하지아니하도록운영된다. 부속서 I 제6조에관하여 제1항 1. 제휴된업체에의한은폐된덤핑( 즉, 수입자가제휴하고있는수출자가낸송장가격에상응하는가격미만이고수출국에있어서의가격미만인가격에서의수입자에의한판매) 은수입자에의하여재화가재판매되는가격을기초로하여그덤핑마진이산정될수있는가격덤핑의한형태를구성한다. (b) the system is so operated, either because of the effective regulation of production, or otherwise, as not to stimulate exports unduly or otherwise seriously prejudice the interests of other contracting parties. ANNEX I NOTES AND SUPPLEMENTARY PROVISIONS Ad Article VI Paragraph 1 1. Hidden dumping by associated houses (that is, the sale by an importer at a price below that corresponding to the price invoiced by an exporter with whom the importer is associated, and also below the price in the exporting country) constitutes a form of price dumping with respect to which the margin of dumping may be calculated on the basis of the price at which the goods are resold by the importer.
2. 자신의무역을완전하게또는실질적으로완전하게독점하고, 또한모든국내가격이국가에의하여정하여지는국가로부터의수입의경우제1항의목적상의가격비교가능성을결정하는데있어서특별한어려움이존재할수있으며, 이러한경우수입체약당사자가동국가에서의국내가격과의엄격한비교가항상적절한것은아닐수도있음을고려할필요가있다는것이인정된다. 제항및제항 2 3 1. 관세행정에있어서의그밖의많은경우에서와같이, 체약당사자는덤핑또는보조금지급의혐의가있는경우에있어서사실에대한최종적인결정이있을때까지는반덤핑또는상계관세의지급을위한합리적인담보( 유가증권또는현금예치) 를요구할수있다. 2. 복수통화관행은일정한상황에서는제3항하에서의상계관계에의하여대응될수있는수출에대한보조금을구성하거나, 제2 항하에서의조치에의하여대응될수있는, 일국의통화의부분적평가절하에의한덤핑의한형태를구성할수있다. 복수통화관행 은정부에의한또는정부에의하여승인된관행을의미한다. 제6 항(b) 이호의규정하에서의면제는경우에따라반덤핑또는상계관세를부과하겠다고제의하는체약당사자에의한신청이있는경우에만부여된다. 2. It is recognized that, in the case of imports from a country which has a complete or substantially complete monopoly of its trade and where all domestic prices are fixed by the State, special difficulties may exist in determining price comparability for the purposes of paragraph 1, and in such cases importing contracting parties may find it necessary to take into account the possibility that a strict comparison with domestic prices in such a country may not always be appropriate. Paragraphs 2 and 3 1. As in many other cases in customs administration, a contracting party may require reasonable security (bond or cash deposit) for the payment of anti-dumping or countervailing duty pending final determination of the facts in any case of suspected dumping or subsidization. 2. Multiple currency practices can in certain circumstances constitute a subsidy to exports which may be met by countervailing duties under paragraph 3 or can constitute a form of dumping by means of a partial depreciation of a country's currency which may be met by action under paragraph 2. By " multiple currency practices " is meant practices by governments or sanctioned by governments. Paragraph 6 (b) Waivers under the provisions of this sub-paragraph shall be granted only on application by the contracting party proposing to levy an anti-dumping or countervailing duty, as the case may be.
나.WTO반덤핑협정 (GATT 1994 6 조의이행에관한협정) 회원국들은다음과같이합의한다 AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 Members hereby agree as follows: 제제원 1 1 부조칙 PART I Article 1 Principles 반덤핑조치는오직 1994년도 GATT 제6조에규정된상황에서이협정의규정에따라개시되고 1) 수행된조사에따라서만적용된다. 다음의규정은반덤핑법률또는규정에따라조치가취해지는한 1994년 GATT 제6 조의적용을규율한다. 제 2 조덤핑의판정 2.1 이협정의목적상, 한국가로부터다른국가로수출된상품의수출가격이수출국내에서소비되는동종상품에대한정상적거래에서비교가능한가격보다낮을경우동상품은덤핑된것, 즉정상가격보다낮은가격으로다른나라의상거래에도입된것으로간주된다. 1) 이협정에서사용되는 " 개시된다" 라는용어는제5조에규정된조사를공식적으로시작하는회원국의절차적행위를의미한다. An anti-dumping measure shall be applied only under the circumstances provided for in Article VI of GATT 1994 and pursuant to investigations initiated and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far as action is taken under anti-dumping legislation or regulations. Article 2 Determination of Dumping 2.1 For the purpose of this Agreement, a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, 1) The term "initiated" as used hreinafter means the procedural action by which a Member formally commences an investigation as provided in Aricle 5.
for the like product when destined for consumption in the exporting country. 2.2 수출국의국내시장내에통상적인거래에의한동종상품의 판매가 존재하지 아니하는 경우, 또는 수출국 국내시장의 특별 한시장상황또는소규모의판매때문에적절한 비교를할수 없는경우, 덤핑마진은동종상품의적절한제3 국수출시비교 가능한가격으로서대표적인경우동가격또는 원산지국에서 의생산비용에합리적인금액의관리비, 판매비, 일반비용 과이윤을합산한가격과의비교에의하여결정 된다. 2.2 When there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country or when, because of the particular market situation or the low volume of the sales in the domestic market of the exporting country 2), such sales do not permit a proper comparison, the margin of dumping shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits. 2.2.1 수출국국내시장에서의동종상품의판매또는생산단위비용( 고정및가변비용) 에관리, 판매및일반비용을합한것미만의가격으로이루어지는제3 국에대한판매는, 당국 3) 이이러한판매가상당기간 4) 이내에상당량으로 5) 이루어 2) 수출국국내시장에서소비되는동종상품의판매가고려대상상품의수입회원국에대한판매의 5% 또는그이상을점하는경우, 이러한판매는일반적으로정상가격을결정하는충분한규모가되는것으로간주된다. 단, 낮은비율이하의국내판매가적절한비교제공을위해충분한규모라는증거가제시될경우에도동낮은비율은수락가능하여야한다. 2.2.1 Sales of the like product in the domestic market of the exporting country or sales to a third country at prices below per unit (fixed and variable) costs of production plus administrative, selling and general costs may be treated as not being in the ordinary course of trade by reason of price and may be disregarded in determining normal value only if the authorities 3) determine that such sales are made within 3) 이협정에서 " 당국" 이라는용어가사용될때에는적절한고위급의당국을의미하는것으로해석된다. 4) 상당기간은일반적으로 1년이며어떠한경우에도 6 월미만이되어서는안된다. 5) 정상가격의결정을위해고려중에있는거래의가중평균판매가격이가중평균단위비용이하거나단위비용이하의판매규모가정상가격결정을위해고려중에있는거래에서판매된양의적어도 20% 이상이된다고당국이입증하는경우, 단위비용이하의판매가상당량이루어지는것으로간주된다. 2) Sales of the like product destined for consumption in the domestic market of the exporting country shall normally be considered a sufficient quantity for the determination of the normal value if such sales constitute 5 percent or more of the sales of the product under consideration to the improting Member, provided that a lower ratio are acceptable wheretheevidencedemonstratesthat domestic sales at such lower ration are nonetheless of sufficient magnitude to provide for a proper comparison. 3) When in this Agreement the term "authorities" is used, it shall be interpreted as meaning authorities at an appropriate senior level.
지고그가격은합리적인기간내에총비용의회수하지못하는가격이라고판단하는경우에한하여, 가격을이유로정상적인거래에속하지아니하는것으로취급될수있고또한정상가격을결정하는데있어서고려대상에서제외될수있다. 판매시단위비용이하인가격이조사대상기간동안의가중평균단위비용보다높은경우, 이러한가격은합리적인기간내에비용을회수할수있는것으로간주된다. 2.2.1.1 제2 항의목적상, 조사대상수출자또는생산자가유지하고있는기록이수출국에서일반적으로인정된회계원칙에따르고있고고려중에있는상품의생산및판매와관련되는비용을합리적으로반영하고있는경우, 비용은일반적으로조사대상수출자또는생산자가유지하고있는기록에기초하여산출된다. 당국은조사기간중수출자또는생산자가제시한증거를포함, 비용의적절한할당에관한모든입수가능한증거를고려한다. 단, 이러한비용의할당은특히적절한분할상환및감가상각기간의설정, 자본지출및다른개발비용에대한공제와관련하여수출자또는생산자에의하여전례적으로활용되어온것이어야한다. 이호에따른비용할당에아직반영되지못했을경우, 현재및/ 또는미래의생산에혜택을주는일회성비용항목또는생산개시가동 6) 으로인하여조사기간중비용이영향을받는경우는비용이적절히조정된다. an extended period of time 4) in substantial quantities 5) and are at prices which do not provide for the recovery of all costs within a reasonable period of time. If prices which are below per unit costs at the time of sale are above weighted average per unit costs for the period of investigation, such prices shall be considered to provide for recovery of costs within a reasonable period of time. 2.2.1.1 For the purpose of paragraph 2, costs shall normally be calculated on the basis of records kept by the exporter or producer under investigation, provided that such records are in accordance with the generally accepted accounting principles of the exporting country and reasonably reflect the costs associated with the production and sale of the product under consideration. Authorities shall consider all available evidence on the proper allocation of costs, including that which is made available by the exporter or producer in the course of the investigation provided that such allocations have been historically utilized by the exporter or producer, in particular in relation to establishing 6) 생산개시가동에따른조정은생산개시기간의마지막시점에서의비용을반영하거나. 그러한기간이조사기간을넘었을경우조사기간동안당국이합리적으로고려할수있는가장최근의비용을반영한다. 4) The extended period of time should normally be one year but shall in no case be less than six months. 5) Sales below per unit costs are made in substantial quantities when the authorities establish that the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represents not less than 20 percent of the volume sold in transaction under consideration for the determination of the normal value.
2.2.2 제2 항의목적상관리, 판매및일반비용그리고이윤의금액은조사대상수출자또는생산자에의한동종상품의정상적인거래에서의생산및판매에관한실제자료에기초한다. 이러한금액이이에기초하여결정될수없을경우에는아래에기초하여결정될수있다. (i) 당해수출자또는생산자에의하여원산지국의국내시장에서동일한일반적인부류의상품의생산및판매와관련하여발생되고, 실현된실제금액, (ii) 조사대상인다른수출자또는생산자에의하여원산지국의국내시장에서동종상품의생산및판매와관련하여발생되고실현된실제금액의가중평균, appropriate amortization and depreciation periods and allowances for capital expenditures and other development costs. Unless already reflected in the cost allocations under this sub-paragraph, costs shall be adjusted appropriately for those non-recurring items of cost which benefit future a n d / o r current production, or for circumstances in which costs during the period of investigation are affected by start-up operations. 6) 2.2.2 For the purpose of paragraph 2, the amounts for administrative, selling and general costs and for profits shall be based on actual data pertaining to production and sales in the ordinary course of trade of the like product by the exporter or producer under investigation. When such amounts cannot be determined on this basis, the amounts may be determined on the basis of: (i) the actual amounts incurred and realized by the exporter or producer in question in respect of production and sales in the domestic market of the country of origin of the same general category of products; (ii) the weighted average of the actual amounts incurred and realized by other exporters or producers subject to 6) The adjustment made for start-up operations shall reflect the costs at the end of the start-up period or, if that period extends beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during the investigation.
윤 (iii) 그밖의합리적인방법. 단, 이러한방법으로확정된이액은원산지국의국내시장에서다른수출자또는생산자에의하여동일한일반적인부류의상품의판매에대하여정상적으로실현된이윤을초과하여서는아니된다. 2.3 수출가격이존재하지아니하거나수출가격이수출자및수입자또는제3자간의제휴나보상약정으로인하여믿을수없다고관계당국에보여지는경우, 수출가격은수입품이독립구매자에게최초로재판매되는가격을기초로구성될수있으며, 또는독립구매자에게재판매되지않거나수입된상태로재판매되지아니하는경우에도당국이결정할수있는합리적인기초에의하여구성될수있다. 2.4 수출가격과정상가격간에공정한비교를한다. 이러한비교는동일한거래단계, 일반적으로는공장도단계에서그리고가능한한같은시기에이루어진판매에대하여행하여진다. 제반판매조건, 과세, 거래단계, 수량, 물리적특성의차이와가격비교에영향을미친다고증명된그밖의차이점들을포함하여가격비교 7) 에영향을미치는차이점들에대해서각각의경우에그내용에따라적절히고려한다. 제3항에언급된경우에있어서, 수입과재판매사이에발생하는관세및조세를포함한 investigation in respect of production and sales of the like product in the domestic market of the country of origin; (iii) any other reasonable method, provided that the amount for profit so established shall not exceed the profit normally realized by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin. 2.3 In cases where there is no export price or where it appears to the authorities concerned that the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or if the products are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the authorities may determine. 2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other
비용및발생한이윤이또한고려되어야한다. 이러한경우에가격비교가영향을받을때에는당국은구성수출가격의거래단계와동일한거래단계에서정상가격을설정하거나또는이항에따라정당화된적절한고려를한다. 당국은공정한가격비교를위해어떠한정보가필요한지를당해당사자에게알리며, 이러한당사자에게불합리한입증책임을지워서는아니된다. 2.4.1 제4항에의한비교시화폐단위의변경이요구되는경우이러한변경은판매일자 8) 의환율을사용하여이루어져야한다. 단, 선물시장에서의외환의판매가관련수출판매와직접연계되어있는경우에는선물판매환율이사용된다. 환율변동은무시되고, 조사시당국은조사기간중환율의지속적인움직임을반영하기위하여수출자에게최소 60일의수출가격조정기간을부여한다. 2.4.2 제4항의공정비교를규율하는규정에따라일반적으로조사기간동안의덤핑마진의존재를가중평균정상가격과모든 differences which are also demonstrated to affect price comparability. 7) In the cases referred to in paragraph 3, allowances for costs, including duties and taxes, incurred between importation and resale, and for profits accruing, should also be made. If in these cases price comparability has been affected, the authorities shall establish the normal value at a level of trade equivalent to the level of trade of the constructed export price, or shall make due allowance as warranted under this paragraph. The authorities shall indicate to the parties in question what information is necessary to ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties. 2.4.1 When the comparison under paragraph 4 requires a conversion of currencies, such conversion should be made using the rate of exchange on the date of sale 8), provided that when a sale of foreign currency on forward markets is directly linked to the export sale involved, the rate of exchange in the forward sale shall be used. Fluctuations in exchange rates shall be ignored and in an investigation the authorities shall allow at least 60days to have adjusted their export prices to reflect sustained movements in exchange rates during the period of investigation. 2.4.2 Subject to the provisions governing fair comparison in paragraph 4, the existence of margins of dumping during 7) 위의요소들중일부는중첩될수있는것으로양해하고당국은이규정에따라이미이루어진조정이중복되지않도록보장한다. 8) 일반적으로, 판매일자는계약일, 구매주문일, 주문확인일혹은송장작성일중실제적인판매조건이설정된일자이다 0) It is understood that some of the above factors may overlap, and authorities shall ensure that they do not duplicate adjustments that have been already made under this provision. 0) Normally, the date of sale would be the dae of contract, purchase order, order confirmation, or invoice, whichever establishes the material terms of sale.
비교가능한수출거래가격의가중평균과의비교에기초하거나또는각각의거래에기초한정상가격과수출가격의비교에의하여입증된다. 당국이상이한구매자, 지역, 또는기간별로현저히다른수출가격의양태를발견하고, 가중평균의비교또는거래별비교사용으로이러한차이점이적절히고려될수없는이유에대한설명이제시되는경우에는가중평균에기초하여결정된정상가격이개별수출거래가격에비교될수있다. 2.5 상품이원산지국으로부터직접수입되지않고중개국을통하여수입회원국에수출되는경우, 수출국으로부터수입회원국으로판매되는상품의가격은일반적으로수출국의비교가능한가격과비교된다. 그러나예를들어수출국을통해단순히환적되거나이러한상품이수출국에서생산되지아니하거나수출국의비교가능가격이존재하지아니하는경우, 수출국으로부터수입회원국으로판매되는상품의가격은원산지국에서의가격과비교된다. 2.6 이협정전체를통해 " 동종상품" 이라는용어는동일한상품 the investigation phase shall normally be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of a normal value and export prices on transaction-to-transaction basis. A normal value established on a weighted average basis may be compared to prices of individual export transactions if the authorities find a pattern of export prices which differ significantly among different purchasers, regions or time periods, and if an explanation is provided as to why such differences cannot be taken into account appropriately by the use of a weighted average-to-weighted average or transaction-to-transaction comparison. 2.5 In the case where products are not imported directly from the country of origin but are exported to the importing Member from an intermediate country, the price at which the products are sold from the country of export to the importing Member shall normally be compared with the comparable price in the country of export. However, comparison may be made with the price in the country of origin, if, for example, the products are merely transshipped through the country of export, or such products are not produced in the country of export, or there is no comparable price for them in the country of export. 2.6 Throughout this Agreement the term "like product"
즉, 고려중에있는상품과모든면에서같은상품을의미하며, 그러한상품이없는경우비록모든면에서같지는않으나고려중에있는상품과매우유사한특성을갖고있는다른상품을의미하는것으로해석된다. ("produit similaire") shall be interpreted to mean a product which is identical, i.e. alike in all respects to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration. 2.7 이조는 1994년도 GATT 부속서 1의제6조제1항에대한제 2 차보충규정을저해하지아니한다 2.7 This Article is without prejudice to the second Supplementary Provision to paragraph 1 of Article VI in Annex I to GATT 1994. 제 3 조피해 9) 의판정 Article 3 Determination of Injury 9) 3.1 1994년도 GATT 제6 조의목적상, 피해의판정은명확한증거에기초하며, (a) 수입물량및덤핑수입품이동종상품의국내시장가격에미치는영향및 (b) 동수입품이이러한상품의국내생산자에미치는결과적인영향에대한객관적인검토를포함한다 3.1 A determination of injury for purposes of Article VI of GATT 1994 shall be based on positive evidence and involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like products, and (b) the consequent impact of these imports on domestic producers of such products. 3.2 덤핑수입의물량과관련하여, 조사당국은절대적으로또는수 3.2 With regard to the volume of the dumped imports, the 9) 이협정에서 " 피해" 라는용어는달리규정되지아니하는한, 국내산업에대한실질적인피해, 국내산업에대한실질적인피해의우려또는산업의확립에대한실질적인지연을의미하는것으로간주되며이조의규정에따라해석된다. 9) Under this Agreement the term "injury" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or material retardation of the establishment of such an industry and shall be interpreted in accordance with the provisions of this Article.
입회원국의생산또는소비에비하여상대적으로덤핑수입품이상당히증가하였는지여부를고려한다. 덤핑수입품이가격에미치는영향과관련, 조사당국은수입회원국의동종상품의가격과비교하여덤핑수입품에의하여상당한가격인하가있었는지또는그러한수입품의영향이달리상당한정도로가격하락을초래하는지또는그러하지아니한경우발생하였을가격상승을상당한정도로억제하는지여부를고려한다. 이러한요소중하나또는여러개가반드시결정적인지침이될수는없다. 3.3 2개국이상으로부터수입된상품이동시에반덤핑조사의대상이되는경우, (a) 각국으로부터수입된상품과관련하여확정된덤핑마진이제5조제8항에정의된최소허용수준을초과하며각국으로부터의수입물량이무시할만한수준이아니고, (b) 수입상품간의경쟁조건및수입상품과국내동종상품간의경쟁조건을감안할때수입품의효과에대한누적적평가가적절하다고조사당국이결정하는경우에한하여조사당국은이러한수입품의효과를누적적으로평가할수있다. 3.4 덤핑수입품이관련국내산업에미치는영향의검토는판매, investigating authorities shall consider whether there has been a significant increase in dumped imports, either in absolute terms or relative to production or consumption in the importing Member. With regard to the effect of the dumped imports on prices, the investigating authorities shall consider whether there has been a significant price undercutting by the dumped imports as compared with the price of a like product of the importing Member, or whether the effect of such imports is otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree. No one or several of these factors can necessarily give decisive guidance. 3.3 Where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the investigating authorities may cumulatively assess the effects of such imports only if they determine that (a) the margin of dumping established in relation to the imports from each country is more than de minimis as defined in paragraph 8 of Article 5 and the volume of imports from each country is not negligible and (b) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product. 3.4 The examination of the impact of the dumped imports on
이윤, 생산량, 시장점유율, 생산성, 투자수익율, 또는설비가동율에서의실제적이고잠재적인감소, 국내가격에영향을미치는요소, 덤핑마진의크기, 자금순환, 재고, 고용, 임금, 성장, 자본또는투자조달능력에대한실제적이며잠재적인부정적영향등산업의상태에영향을미치는제반관련경제적요소및지표에대한평가를포함한다. 위에열거된요소는총망라적이아니며, 이러한요소중하나또는여러개가반드시결정적인지침이될수는없다. 3.5 덤핑수입품이제2항및제4항에규정된바와같이덤핑의효과를통하여이협정이규정하고있는의미의피해를초래하고있다는사실이입증되어야한다. 덤핑수입품과국내산업에대한피해간의인과관계의입증은당국에제시된모든관련증거의검토에근거한다. 또한당국은같은시점에서국내산업에피해를초래하는덤핑수입품이외의모든알려진요소를검토하며이러한다른요소로인하여발생하는피해는덤핑수입품에의한것으로귀속시켜서는아니된다. 이점에서관련될수있는요소에는특히, 덤핑가격으로판매되지아니하는수입품의수량및가격, 수요감소혹은소비형태의변화, 외국생산자와국내생산자의무역제한적관행및이들간의경쟁, 기술개발, 국내산업의수출실적및상품생산성의검토를통하여포함된다. the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance. 3.5 It must be demonstrated that the dumped imports are, through the effects of dumping, as set forth in paragraphs 2 and 4, causing injury within the meaning of this Agreement. The demonstration of a causal relationship between the dumped imports and the injury to the domestic industry shall be based on an examination of all relevant evidence before the authorities. The authorities shall also examine any known factors other than the dumped imports which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the dumped imports. Factors which may be relevant in this respect include, inter alia, the volume and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices of and competition between the foreign and domestic producers, developments in technology and the export performance and
productivity of the domestic industry. 3.6 입수가능한자료를통하여생산공정, 생산자의판매및이윤과같은기준에기초하여동종상품의생산을별도로구분할수있는경우덤핑수입품의영향은동종상품의국내생산과관련하여평가된다. 이러한별도의구분이불가능한경우, 덤핑수입품의영향은동종상품을포함하여필요한정보가제공될수있는가장좁은상품군이나범위의상품생산의검사를통하여평가된다. 3.7 실질적인피해의우려에대한판정은사실에기초하며단순히주장이나추측또는막연한가능성에기초하여서는아니된다. 덤핑이피해를초래하는상황을발생시키는상황의변화는명백히예측되어야하며급박한것이어야한다. 10) 실질적피해우려의존재에대한판정을내리는데있어서당국은특히다음과같은요소를고려해야한다. (i) 실질적인수입증가의가능성을나타내는, 국내시장으로의덤핑수입품의현저한증가율, 3.6 The effect of the dumped imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. If such separate identification of that production is not possible, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes the like product, for which the necessary information can be provided. 3.7 A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent. 10) In making a determination regarding the existence of a threat of material injury, the authorities should consider, inter alia, such factors as: (i) a significant rate of increase of dumped imports into the domestic market indicating the likelihood of substantially increased importation; 10) 유일한예는아니나한예를들면가까운장래에덤핑가격으로실질적인상품의수입증가가있을것이라고믿을만한설득력있는이유가있는경우이다. 10) One example, though not an exclusive one, is that there is convincing reason to believe that there will be, in the near future, substantially increased importation of the product at dumped prices.
(ii) 추가적인수출을흡수하는다른수출시장의이용가능성을감안하여, 수입회원국의시장으로덤핑수출을실질적으로증가시킬수있는가능성을나타내는, 충분하고자유롭게처분가능한수출자의생산능력또는수출자의생산능력의임박하고실질적인증가, (iii) 수입이국내가격을현저히하락또는억제시킬수있는가격으로이루어지고있는지여부및추가수입에대한수요를증가시킬것인지여부, 그리고 (iv) 조사대상상품의재고현황이러한요소들중어느하나도그자체로서반드시결정적인지침이될수는없으나, 고려된요소전체는덤핑수출품이추 가로임박하고, 보호조치가취해지지아니하면실질적인피해 가발생할수있을것이라는결론에도달하게하여야한다. 3.8 덤핑수입품으로인한피해가우려되는경우에있어서, 반덤핑 조치의적용은특별히주의하여검토되고결정된다. 제 4 조국내산업의정의 4.1 이협정의목적상 " 국내산업" 이라는용어는동종상품을생산 (ii) sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased dumped exports to the importing Member's market, taking into account the availability of other export markets to absorb any additional exports; (iii) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand for further imports; and (iv) inventories of the product being investigated. No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur. 3.8 With respect to cases where injury is threatened by dumped imports, the application of anti-dumping measures shall be considered and decided with special care. Article 4 Definition of Domestic Industry 4.1 For the purposes of this Agreement, the term "domestic
하는국내생산자전체또는이들중생산량의합계가당해상품의국내총생산량의상당부분을점하는국내생산자들을지칭하는것으로해석된다. 단, 다음의예외가있다. (i) 생산자가덤핑으로주장되고있는상품의수출자또는수입자와관계가있는 11) 경우, 또는생산자자신이그물품의수입자인경우에는, 국내산업은나머지생산자를지칭하는것으로해석될수있다. (ii) 예외적인상황에서, 당해생산에관하여회원국의영토는둘또는그이상의경쟁적인시장으로분리되어각시장의생산자들이별개의산업으로간주될수있는바이는 (a) 각시장내의생산자가생산한당해상품의전부또는거의전부를그시장에판매하며, 또한 (b) 당해시장의수요가동영토내의당해시장이외의장소에소재하는당해상품의생산자에의하여상당한정도로공급되지아니하는경우에한한다. 이러한상황에서, 전체국내산업의상당부분에피해가발생하지아니하여도이러한고립된시장에덤핑수입품이집중되고또한덤핑수입품이당해고립된시장내의당해상품의전부또는거의전부를생산하는생산자에대하여피해를초래하는경우피해의존재가인정될수있다. 11) 이항의목적상생산자는다음의경우에만수출자또는수입자와관련이있는것으로간주된다. (a) 동인들중하나가직접또는간접적으로다른하나를통제하는경우, 또는 (b) 동인들이함께제3자에의해직접또는간접적으로통제당하는경우, 또는 (c) 동인들이함께직접또는간접적으로제3자를통제하는경우단, 이관계의효과가관련생산자로하여금관련되지아니한생산자와는다르게행동하도록할정도라고믿거나의심할만한근거가있어야한다. 이항의목적상이들중일방이타방을법적또는운영상으로제약또는감독을행할위치에있을경우전자가후자를통제하는것으로간주된다. industry" shall be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that: (i) when producers are related 11) to the exporters or importers or are themselves importers of the allegedly dumped product, the term "domestic industry" may be interpreted as referring to the rest of the producers; (ii) in exceptional circumstances the territory of a Member may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the producers within such market sell all or almost all of their production of the product in question in that market, and (b) the demand in that market is not to any substantial degree supplied by producers of the product in question located elsewhere in the territory. In s u c h circumstances, injury may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of dumped imports into such an isolated market. 11) For the purpose of this paragraph, producers shall be deemed to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers. For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter
4.2 국내산업이특정지역, 즉제1 항( ⅱ) 에정의된시장의생산자 를 지칭하는것으로해석되는경우에반덤핑관세는 동지역에서의최종적인소비를위하여수입된상품에대하 여서만부과된 다. 12) 수입회원국의 헌법이 이와 같은 기준에따른반덤핑관세 의부과를허용하지아니하는 경우에도수입회원국은 (a) 수출자에게 당해지역에 대하여 덤핑가격으로수출하는것을중 단할수있는기회가 부여되었거나, 또는달리제8조의규정에 따라 보증을 행할 수있는기회가부여되었으나이와관련 한적절한보 증이신속히이루어지지아니하였고, (b) 반덤핑관세가 당해 지역에대하여공급하는특정생산자의상품에만 부과 될 수 없는 경우에 한하여 제한없이 반덤핑관세를 부과할 수있다. 4.2 When the domestic industry has been interpreted as referring to the producers in a certain area, i.e. a market as defined in paragraph 1(ii), anti-dumping duties shall be levied 12) only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member does not permit the levying of anti-dumping duties on such a basis, the importing Member may levy the anti-dumping duties without limitation only if (a) the exporters shall have been given an opportunity to cease exporting at dumped prices to the area concerned or otherwise give assurances pursuant to Article 8 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question. 4.3 둘또는그이상의국가가 1994년도 GATT 제24조제8 항(a) 의규정에따라단일의통일된시장의특성을가지는통합수준에도달해있는경우, 전체통합지역의산업이제1항에언급된국내산업으로간주된다. 4.3 Where two or more countries have reached under the provisions of paragraph 8(a) of Article XXIV of GATT 1994 such a level of integration that they have the characteristics of a single, unified market, the industry in the entire area of integration shall be taken to be the domestic industry referred to in paragraph 1. 4.4 제조제항의규정은이조에적용된다 3 6. 4.4 The provisions of paragraph 6 of Article 3 shall be applicable to this Article. 12) 이협정에서사용되는것과같이 " 부과" 는관세혹은조세의확정적또는최종적인법적사정혹은징수를의미한다. 12) As used in this Agreement "levy" shall mean the definitive or final legal assessment or collection of a duty or tax.
제 5 조조사개시및후속조사 Article 5 Initiation and Subsequent Investigation 5.1 제6 항에규정된경우를제외하고는, 혐의를받고있는덤핑의존재, 정도및영향을판정하기위한조사는국내산업에의하거나또는이를대신하여행하여진서면신청으로개시된다. 5.1 Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written application by or on behalf of the domestic industry. 5.2 제1 항의신청은 (a) 덤핑, (b) 이협정에의해해석되는 1994년도 GATT 제6 조의의미에있어서의피해, (c) 덤핑수입품과주장된피해간의인과관계에대한증거를포함한다. 관련증거에의해입증되지아니하는단순한주장은이항의요건을충족시키는데충분한것으로간주될수없다. 동신청은신청자가합리적으로입수가능한다음에관한정보를포함한다. (i) 신청자의신원및신청자의동종상품국내생산량및가치에대한기술. 서면신청이국내산업을대신하여이루어지는경우, 동신청서는동신청이대신하는산업을동종상품의알려진모든국내생산자( 또는동종상품의국내생산자협회) 명부로서확인하여야하며, 가능한범위내에서이러한생산자에의한동종상품의국내생산량과가치를기술한다. 5.2 An application under paragraph 1 shall include evidence of (a) dumping, (b) injury within the meaning of Article VI of GATT 1994 as interpreted by this Agreement and (c) a causal link between the dumped imports and the alleged injury. Simple assertion, unsubstantiated by relevant evidence, cannot be considered sufficient to meet the requirements of this paragraph. The application shall contain such information as is reasonably available to the applicant on the following: (i) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;
(ii) 덤핑혐의가있는상품에대한상세기술, 당해원산지국또는수출국명, 알려진각수출자또는외국의생산자의신원, 그리고알려진당해상품수입자의명부; (ii) a complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question; (iii) 당해상품이원산지국또는수출국국내시장에서소비용도로판매될때의가격에관한정보( 또는, 적절한경우, 동상품이원산지국또는수출국으로부터제3국에판매되는가격이나구성가격에관한정보) 및수출가격에관한정보또는적절한경우동상품이수입회원국의영토내의독립된구매자에게최초로재판매될때의가격에관한정보 (iv) 제3조제2항과제4항에열거된국내산업의상태에영향을미치는관련요소와지표에의하여증명되는덤핑혐의가있는수입품의물량의추이에관한정보, 동수입이국내시장의동종상품가격에미치는영향및덤핑수입품이관련국내산업에미치는결과적인영향 (iii) information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member; (iv) information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those listed in paragraphs 2 and 4 of Article 3.
5.3 당국은조사개시를정당화할수있을만큼충분한증거가있는지여부를결정하기위하여신청서에제시된증거의정확성과적정성에대하여검토한다. 5.4 제1 항에따른조사는, 당국이동종상품의국내생산자에의해표명된신청 13) 에대한지지또는반대의정도에관한검토에 14) 근거하여, 동신청이국내산업에의하거나이를대신하여이루어졌다는결정을하지아니하는한개시되지아니한다. 이러한신청은이러한신청에대해지지또는반대를표명하는국내산업의부분이생산한동종의상품의총생산의 50% 를초과하는총체적산출량을구성하는국내생산자가지지할경우국내산업에의하거나이를대신하여이루어진것으로간주된다. 그러나신청을명시적으로지지하는국내생산자의총생산이국내산업에의해생산된동종상품의총생산의 25% 미만인경우조사가개시되지아니한다. 5.5 당국은조사개시결정이내려지지아니하는한조사개시신청서의공표를회피한다. 그러나적합하게서류를갖춘신청서 13) 산업이분할되어예외적으로많은수의생산자를포함하고있는경우당국은통계적으로적절한표본추출방법을사용하여지지또는반대를결정할수있다. 14) 회원국은특정회원국의영토내에서동종상품의국내생산자의피고용인이나이러한피고용인의대표가제1 항에따른조사에관한신청을하거나지지할수있다는것을인지한다. 5.3 The authorities shall examine the accuracy and adequacy of the evidence provided in the application to determine whether there is sufficient evidence to justify the initiation of an investigation. 5.4 An investigation shall not be initiated pursuant to paragraph 1 unless the authorities have determined, on the basis of an examination of the degree of support for, or opposition to, the application expressed 13) by domestic producers of the like product, that the application has been made by or on behalf of the domestic industry. 14) The application shall be considered to have been made "by or on behalf of the domestic industry" if it is supported by those domestic producers whose collective output constitutes more than 50 percent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 percent of total production of the like product produced by the domestic industry. 5.5 The authorities shall avoid, unless a decision has been made to initiate an investigation, any publicizing of the 13) In the case of fragmented industries involving an exceptionally large number of producers, authorities may determine support and opposition by using statistically valid sampling techniques 14) Members are aware that in the territory of certain Members employees of domestic producers of the like product or representatives of those employees may make or support an application for an investigation under paragraph 1.
가접수된이후그리고조사를개시하기전에당국은관련수출회원국정부에통보한다. 5.6 특별한상황에서관계당국이조사개시를위하여국내산업에의하거나이를대신하여이루어진서면신청을접수하지아니하고이러한조사를개시하기로결정하는경우관계당국은조사의개시를정당화할수있는제2 항에기술된덤핑, 피해및인과관계에관한충분한증거가있는경우에만진행한다. 5.7 덤핑과피해의증거는 (a) 조사개시여부에관한결정에서, 그리고 (b) 그이후이협정의규정에따라잠정조치가적용될수있는가장빠른날로부터개시되는조사과정에서동시에고려된다. 5.8 관계당국이사안의진행을정당화시킬만큼덤핑또는피해에대한충분한증거가존재하지않는다고납득하는즉시제1항에따른신청은기각되고조사는신속히종결된다. 덤핑마진이최소허용수준이거나, 또는실제적또는잠재적인덤핑수입량이나피해가무시할만한수준이라고당국이결정하는경우조사는즉각적으로종결된다. 수출가격대비백분율로표시된덤핑마진이 2% 미만인경우이러한덤핑마진은최소허용수준인것으로간주된다. 특정국으로부터의덤핑수입물량이 application for the initiation of an investigation. However, after receipt of a properly documented application and before proceeding to initiate an investigation, the authorities shall notify the government of the exporting Member concerned. 5.6 If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation. 5.7 The evidence of both dumping and injury shall be considered simultaneously (a) in the decision whether or not to initiate an investigation, and (b) thereafter, during the course of the investigation, starting on a date not later than the earliest date on which in accordance with the provisions of this Agreement provisional measures may be applied. 5.8 An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is not sufficient evidence of either dumping or of injury to justify proceeding with the case. There shall be immediate termination in cases where the authorities determine that the margin of dumping is de minimis, or that the volume of dumped imports, actual or potential, or the injury, is negligible. The margin of dumping
수입회원국내동종상품수입량의 3% 미만을점유한것으로판명되는경우개별적으로수입회원국내동종상품수입의 3% 미만을점유하는국가들이총체적으로수입회원국내동종상품수입물량의 7% 를초과점유하지아니하면이러한덤핑수입량은일반적으로무시할만한수준으로간주된다. 5.9 반덤핑절차가통관절차를방해하여서는아니된다. 5.10 조사는특별한상황을제외하고는 1년이내에종결되며어떠한경우에도개시후 18 월을초과하여서는아니된다. 6.1 정 6.1.1 제 6 증 조거 반덤핑조사와관련한모든이해당사자는당국이요구하는 보에대하여통보받으며당해조사와관련이있다고그들이간주하는모든증거를서면으로제출할수있는충분한기회가주어진다. 반덤핑조사에사용되는질의서를받는수출자또는외국의 shall be considered to be de minimis if this margin is less than 2 percent, expressed as a percentage of the export price. The volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports from a particular country is found to account for less than 3 percent of imports of the like product in the importing Member, unless countries which individually account for less than 3 percent of the imports of the like product in the importing Member collectively account for more than 7 percent of imports of the like product in the importing Member. 5.9 An anti-dumping proceeding shall not hinder the procedures of customs clearance. 5.10 Investigations shall, except in special circumstances, be concluded within one year, and in no case more than 18 months, after their initiation. Article 6 Evidence 6.1 All interested parties in an anti-dumping investigation shall be given notice of the information which the authorities require and ample opportunity to present in writing all evidence which they consider relevant in respect of the investigation in question. 6.1.1 Exporters or foreign producers receiving questionnaires
생산자에게응답 15 을위해최소한 30 일이주어진다. 동 30일기간의연장을위한어떤요청에대하여도적절한고려가있어야하며사유가제시되는경우이러한연장은가능한한허용되어야한다 used in an anti-dumping investigation shall be given at least 30 days for reply. 15) Due consideration should be given to any request for an extension of the 30-day period and, upon cause shown, such an extension should be granted whenever practicable. 6.1.2 비밀정보보호를위한요건을조건으로, 일방이해당사자에의해서면으로제시된증거는조사에참가하고있는다른이해당사자에게신속히입수될수있도록한다. 6.1.3 조사가개시되는즉시당국은제5조제1항에따라접수된서면신청서전문을알려진수출자 16) 및수출회원국의당국에제공하며, 요청이있을경우다른관련이해당사자도이를입수할수있도록한다. 제5항에규정된바와같이비밀정보의보호요건에대하여적절한고려를한다. 6.1.2 Subject to the requirement to protect confidential information, evidence presented in writing by one interested party shall be made available promptly to other interested parties participating in the investigation. 6.1.3 As soon as an investigation has been initiated, the authorities shall provide the full text of the written application received under paragraph 1 of Article 5 to the known exportes 16) and to the authorities of the exporting Member and shall make it available, upon request, to other interested parties involved. Due regard shall be paid to the requirement for the protection of confidential information, as provided for in paragraph 5. 15) 일반적으로수출자에게부여하는시한은질의서접수일로부터기산되며, 이를위해질의서는응답자에게발송되거나또는수출회원국의적절한외교대표또는세계무역기구에가입한독자적관세영역의경우는수출영역의공식대표에게전달된날로부터 1 주일후에접수된것으로간주된다. 16) 관련수출자의수가특별히많을경우, 서면신청서의전문은대신에수출회원국의당국또는관련동업자협회에만제공되어야하는것으로양해된다. 15) As a general rule, the time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the date on which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the exporting Member or, in the case of a separate customs territory Member of the WTO, an official representative of the exporting territory. 16) It being understood that, where the number of exporters involved is particularly high, the full text of the written application should instead be provided only to the authorities of the exporting Member or to the relevant trade association.
6.2 반덤핑조사의전과정을통하여모든이해당사자는자신의이익을방어하기위한충분한기회를가진다. 이를위하여당국은요청에따라모든이해당사자가상반된이해를갖는당사자와회합하는기회를제공하여반대의견이제시되고반박주장이개진될수있도록한다. 이러한기회의제공시비밀보호의필요및당사자의편의를고려하여야한다. 어떤당사자 도이러한회합에참석할의무는없으며, 회합불참이그당사자를불리하게하지아니한다. 이해당사자는또한정당한경우구두로다른정보를제시하는권리를갖는다. 6.2 Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. To this end, the authorities shall, on request, provide opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. Provision of such opportunities must take account of the need to preserve confidentiality and of the convenience to the parties. There shall be no obligation on any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case. Interested parties shall also have the right, on justification, to present other information orally. 6.3 제2항에따라제공된구두정보는그것이그후에서면으로재작성되도록제1항제2호에규정된것과같이다른이해당사자에게입수가능하게되는경우에만당국에의하여고려된다. 6.4 당국은가능한경우에는언제나모든이해당사자에게이들이자신의주장을개진하는데관련되고제5항에정의되어있는비밀이아니며당국에의해서반덤핑조사에사용되는모든정보를열람하고또한이러한정보에기초하여자신의입장을준비할기회를적시에제공한다. 6.5 성격상비밀인정보( 예를들어누설될경우경쟁자에게중대한경쟁상이익이되거나정보제공자또는그정보의취득원 6.3 Oral information provided under paragraph 2 shall be taken into account by the authorities only in so far as it is subsequently reproduced in writing and made available to other interested parties, as provided for in subparagraph 1.2. 6.4 The authorities shall whenever practicable provide timely opportunities for all interested parties to see all information that is relevant to the presentation of their cases, that is not confidential as defined in paragraph 5, and that is used by the authorities in an anti-dumping investigation, and to prepare presentations on the basis of this information. 6.5 Any information which is by nature confidential (for example, because its disclosure would be of significant