Page:United States Statutes at Large Volume 62 Part 3.djvu/1062

 62 STAT.] MULTILATERAL-TARIFFS AND TRADE-SEPT. 14, 1948 3683 vailing 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 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. 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. No contracting party shall levy any anti-dumping or counter- vailing 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, or is such as to retard materially the establishment of a domestic industry. The CONTRACTING PARTIES may waive the requirements of this paragraph so as to permit a contracting party to levy an anti-dumping or counter- vailing duty on the importation of any product for the purpose of off- setting dumping or subsidization which causes or threatens material injury to an industry in the territory of another contracting party exporting the product concerned to the territory of the importing contracting party. "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) 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) The system is so operated, either because of the effective regu- lation of production, or otherwise, as not to stimulate exports unduly or otherwise seriously prejudice the interests of other contracting parties." C The phrase "and to any internal regulation or requirement under paragraphs 3 and 4 of article III" in paragraph 5 of article XIII shall 61 tat. , Pt., p .A43. be deleted. D The opening clause of paragraph 9 of article XV shall read: 61tat. Pt. 5,p.A51. "9. Nothing in this Agreement shall preclude:"

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