Scm Agreement Full Form

Within thirty days from the date of publication of the body`s report to all members, the DSB shall adopt the report, unless one of the parties to the dispute formally informs the DSB of its decision to appeal or the DSB decides by mutual agreement not to adopt it. Interested members and all parties to a countervailing duty investigation shall be informed of the information requested by the authorities and shall be given the opportunity to provide in writing all evidence they consider relevant to the investigation in question. 8.4 At the request of a Member, the Secretariat shall review a notification referred to in paragraph 3 and may, if necessary, request additional information from the subsidizing Member on the notified programme, which is currently under review. The secretariat shall report to the Committee on its findings. Upon request, the Committee shall immediately review the Views of the Secretariat (or, in the absence of a request for verification by the Secretariat, the notification itself) in order to determine whether the conditions and criteria set out in paragraph 2 are not met. The procedure provided for in this paragraph shall be completed at the latest at the first ordinary meeting of the Committee, after notification of a grant programme, provided that at least two months have elapsed between this communication and the regular meeting of the Committee. The review procedure described in this paragraph shall also apply, upon request, to substantial changes to a programme communicated in the annual updates referred to in paragraph 3. The Committee shall establish a group to review the content and form of the questionnaire in accordance with bisd 9S/193-194. It is necessary to demonstrate that the effects[47] of the subsidies on the subsided imports are causing injury within the meaning of this Agreement. The evidence of a causal link between the subsided imports and the injury suffered by the domestic industry is based on the examination of all relevant evidence before the authorities. The authorities also examine all known factors, with the exception of subsidized imports, which have also caused injury to the domestic industry and the damage caused by these other factors cannot be attributed to the subsided imports.

Factors that may be relevant in this regard include, inter alia, the volumes and prices of non-subsidised imports of the product concerned, the decline in demand or changes in consumption patterns, restrictive business practices and competition between foreign and domestic producers, technological developments and the export performance and productivity of the domestic industry. For the purposes of this paragraph, producers shall be considered to be related to exporters or importers only if (a) one of them directly or indirectly controls the other; (b) they are controlled directly or indirectly by a third person; or (c) control, directly or indirectly, a third person, provided that there is reason to believe or suspect that the effects of the relationship are such as to induce the manufacturer concerned to behave differently from that of the unrelated producer. For the purposes of this paragraph, control of another is considered to be a control of another, where the former is legally or operationally able to exercise a deference or instruction in respect of the latter. within three years of the entry into force of the WTO Agreement, it shall be brought into conformity with the provisions of this Agreement and shall not be subject to Part II. . . .

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