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Section 45: Acceptance of undertaking

Trade (Anti-Dumping And Countervailing Measures) Act · PART VII: INVESTIGATION PROCEDURES

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

45. Acceptance of undertaking (1) The Investigating Authority shall not accept an undertaking unless— (a) it has made a preliminary affirmative determination of dumping or subsidisation, injury and causal link; and (b) the undertaking has been made not less than 60 days before the proposed date of final determination. (2) Where the Investigating Authority declines to accept an undertaking, it shall provide to the exporter or, where appropriate, the government of the exporting country that offered the undertaking the reasons for its decision and shall provide the exporter or government an opportunity to make written comments on the decision. (3) The Investigating Authority may require from any exporter or government from which an undertaking has been accepted periodical information relevant to the fulfilment of the undertaking and to permit verification of pertinent data.

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