The agreement provides that an anti-dumping duty will remain in force for as long as necessary to counter harmful dumping. It contains a „Sunset“ provision providing for the termination of tariffs for five years from the date of its implementation, unless the government authorities determine, at a review, that the expiry of the duty would result in a continuation or reappearance of dumping and harm. As a general rule, a government initiates an anti-dumping investigation on the basis of a written request from a domestic industry, although, in special circumstances, the government is able to initiate the investigation on its own behalf of the industry. The application must show dumping, prejudice and causation between the two parties. It must provide a complete description of the allegedly dumped product, information on the similar product submitted by the applicant, evidence of export price and normal value, an assessment of the impact of imports on domestic industry and information on industry support for the complaint. The World Trade Organization (WTO) anti-dumping agreement, commonly known as the AD Agreement, governs the application of anti-dumping measures by WTO member states. The provisions of the agreement for the collection of evidence stipulate that, upon initiation of an investigation, the public authorities must provide the full text of the written application to all known exporters. All interested parties will have access to non-confidential information and will have the opportunity to meet with parties with adverse interests, so that opposing views and rebuttal arguments can be advanced. Before deciding definitively whether dumping has occurred, government authorities must inform all interested parties of the essential facts and give them sufficient time to defend their interests.
The agreement then establishes rules to determine whether dumped imports cause harm to a domestic industry producing a similar product. Harm is defined as physical harm itself, the risk of physical harm, or a significant delay in the creation of a national industry. Public authorities must demonstrate the harm suffered by domestic industry and dumped imports are the source of this harm. The AD agreement provides for „cumulative assessments“ of the impact of imports on a domestic industry when imports of a product originating in more than one country are subject to simultaneous anti-dumping investigations. An application is rejected under the agreement and an investigation is immediately closed if the government authorities conclude that there is insufficient evidence of dumping or prejudice. The agreement provides that, in the absence of special circumstances, investigations will be closed within one year and will not continue under any circumstances more than 18 months after their opening. In certain circumstances, disputes under the anti-dumping agreement may also be resolved by the US government as part of the WTO dispute settlement procedure described in the exporter`s guide to the WTO dispute settlement agreement.