Price undertakings and anti-dumping duties

I am trying to find out whether it is legally possible to request a price undertaking after anti-dumping duties have been imposed. The wording of the AD Agreement speaks of the earliest time you can accept a price undertaking but not the latest i.e. up until what point can a company give a price undertaking. If so, are there any decisions or literature on this point?

Thanks

Originally Posted by Unregistered I am trying to find out whether it is legally possible to request a price undertaking after anti-dumping duties have been imposed. The wording of the AD Agreement speaks of the earliest time you can accept a price undertaking but not the latest i.e. up until what point can a company give a price undertaking. If so, are there any decisions or literature on this point? Thanks

Undertakings are normally accepted together with the imposition of the duties. This is the general rule. In case the negotiations concerning the undertakings are not finished in time for the due decision on and publication of the duties, they might be accepted later. However, it is rather exceptional and may happen where the exporters have already signalled their intention to sumit undertakings before the imposition of the duties. In such a case, the measure imposing the duties has to contain provisions on possible future undertakings and the timing of their acceptance.

The above is based on trade practice before the European Commission in Brussels. I hope it helps.