Section 3

Article 45 bis

Non Cumulation

Neither Party may apply, with respect to the same product, at the same time:

(a) a safeguard measure in accordance with Section 2 (Safeguard Measures on Passenger Cars) of this Chapter; and

(b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards.

Section 4

Anti-dumping and Countervailing Measures

Article 46

General provisions

1. The Parties confirm their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Anti-Dumping Agreement") and from the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "SCM Agreement").

2. The preferential rules of origin established under Chapter 1 of Title IV (National Treatment and Market Access for Goods) of this Agreement shall not apply to this Section.

Article 47

Transparency

1. The Parties agree that anti-dumping and countervailing measures should be used in full compliance with the requirements under the Anti-Dumping Agreement and the SCM Agreement respectively and should be based on a fair and transparent system.

EN 35 EN

2. After receipt by a Party's competent authorities of a properly documented anti-dumping complaint with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of receipt of the application.

3. The Parties shall ensure, immediately after the imposition of provisional measures, if any, and before final determination is made, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures, without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosure shall be made in writing, and allow interested parties sufficient time to make their comments. After final disclosure, interested parties shall be given at least 10 days to make their comments.

4. Provided it does not unnecessarily delay the conduct of the investigation and in accordance with the internal legislation concerning investigation procedures, each interested party shall be granted the possibility to be heard in order to express their views during anti-dumping and anti-subsidy investigations.

Article 48

Дата добавления: 2015-09-06