Article 130: Provisional Measures
- Provisional measures may be applied only if –
(a) an investigation has been initiated in accordance with the provisions of paragraph 4 of Article 129, a public notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments;
(b) a preliminary affirmative determination has been made of dumping and consequent injury to a domestic industry; and
(c) the authorities concerned judge such measures necessary to prevent injury being caused during the investigation.
- Provisional measures may take the form of a provisional duty or preferably, a security – by cash deposit or bond – equal to the amount of the anti-dumping duty provisionally estimated, being not greater than the provisionally estimated margin of dumping. Withholding of appraisement is an appropriate provisional measure, provided that the normal duty and the estimated amount of the anti-dumping duty be indicated and as long as the withholding of appraisement is subject to the same conditions as other provisional measures.
- Provisional measures shall not be applied sooner than 60 days from the date of initiation of the investigation by a competent authority.
- The application of provisional measures shall be limited to as short a period as possible, not exceeding 120 days or, on decision of the authorities concerned, upon request by exporters representing a significant percentage of the trade involved, to a period not exceeding 180 days. When authorities, in the course of an investigation, examine whether a duty lower than the margin of dumping would be sufficient to remove injury, these periods may be 180 and 270 days, respectively.