BISD 15S/4-35 April 19684
PROTOCOLS
1964-67 TRADE CONFERENCE
FINAL ACT
1. The CONTRACTING PARTIES to the General Agreement on Tarif fs and Trade (hereinafter
referred to as the General Agreement ) decided on 21 May 19631to arrange for a trade conference
to convene on 4 May 1964.
2. The negotiations at that conference, which opened at Gene va on that date and were concluded
on 30 June 1967, included:
(a) negotiations, pursuant to Article XXVIII bisand other relevant provisions of the General
Agreement, between contracting parties and between contra cting parties and the
European Economic Community, on tariffs and on non-tariff b arriers with respect to
both industrial and agricultural products;
(b) negotiations, pursuant to paragraph 6 of Article XXIV of th e General Agreement
between the governments of the member States of the European Coal and Steel
Community and other contracting parties;
(c) negotiations, pursuant to Article XXXIII, directed towar ds the accession of governments
to the General Agreement.
3. As a result of these negotiations the following instrumen ts have been prepared:
(a) Geneva (1967) Protocol to the General Agreement on Tariffs and Trade;
(b) Agreement relating principally to Chemicals, supplement ary to the Geneva (1967)
Protocol to the General Agreement on Tariffs and Trade;
(c) Memorandum of Agreement on Basic Elements for the Negotiat ion of a World Grains
Arrangement;
(d) Agreement on Implementation of Article VI of the General Agreement on Tariffs and
Trade;
_____________
1BISD, Twelfth Supplement, page 36.5
(e) Protocol for the Accession of Argentina to the General Agre ement on Tariffs and Trade;
(f) Protocol for the Accession of Iceland to the General Agreem ent on Tariffs and Trade;
(g) Protocol for the Accession of Ireland to the General Agreem ent on Tariffs and Trade,
and
(h) Protocol for the Accession of Poland to the General Agreeme nt on Tariffs and Trade.
4. The texts of these instruments are annexed hereto and are h ereby authenticated. The signature
of this Final Act evidences the intention of each signatory t o take, subject to its constitutional procedures,
such steps as are considered appropriate to give effect to th ose instruments in the negotiation of which
it has participated.
Done at Geneva this thirtieth day of June one thousand nine hundre d and sixty-seven, in a single
copy in the English and French languages, both texts being au thentic.
GENEVA (1967) PROTOCOL TO THE GENERAL AGREEMENT
ON TARIFFS AND TRADE1
The contracting parties to the General Agreement on Tariffs and Trade and the European
Economic Community which participated in the 1964-67 Trade Conference (hereinafter referred to
as participants ),
Having carried out negotiations pursuant to paragraph 6 of Article XXIV, Article XXVIII bis,
Article XXXIIIand otherrelevant provisions ofthe General Agreement on Tariffs andTrade (hereinafter
referred to as the General Agreement ),
Have , through their representatives, agreed as follows:
I -Provisions Relating to Schedules
1. The schedule annexed2to this Protocol relating to a participant shall become a Sch edule to
the General Agreement relating to that participant on the da y on which this Protocol enters into force
for it pursuant to paragraph 6.
2. Each participant shall ensure that, in so far as any rate sp ecified in the column of its schedule
setting out the concession rate (hereinafter referred to as the final rate ) does not become effective
on 1 January 1968, each
_____________
1The Protocol entered into force on 1 January 1968.
2See page 8 for a list of the Schedules annexed.6
final rate shall become effective not later than 1 January 19 72. Within the period of 1 January 1968
to 1 January 1972 a participant shall make rate reductions in amounts not less than and on dates not
later than those laid down in one of the following sub-paragr aphs, except as may be otherwise clearly
provided for in its schedule:
(a) A participant which begins rate reductions on 1 January 196 8 shall make effective one
fifth of the total reduction to the final rate on that date and four fifths of the total
reduction in four equal instalments on 1 January of 1969, 197 0, 1971 and 1972.
(b) A participant which begins rate reductions on 1 July 1968, o r on a date between 1
January and 1 July 1968, shall make effective two fifths of th e total reduction to the
final rate on that date and three fifths of the total reductio n in three equal instalments
on 1 January of 1970, 1971 and 1972.
3. Any participant, after the schedule relating to it annexe d to this Protocol has become a Schedule
to the General Agreement pursuant to the provisions of parag raph 1 of this Protocol, shall be free at
any time to withhold or to withdraw in whole or in part the conc ession in such schedule with respect
to any product in which a participant or a government having n egotiated for accession during the 1964-67
Trade Conference (hereinafter referred to as an acceding government ), but the schedule of which
annexed to this Protocol or to the protocol for the accession of the acceding government has not yet
become a Schedule to the General Agreement, has a principal s upplying interest; provided that:
(a) Written notice of any such withholding of a concession shal l be given to the
CONTRACTING PARTIES within thirty days after the date of suc h withholding.
(b) Written notice of intention to make any such withdrawal of a concession shall be given
to the CONTRACTING PARTIES at least thirty days before the da te of such intended
withdrawal.
(c) Consultations shall be held upon request, with any partici pant or any acceding
government, the relevant schedule relating to which has bec ome a Schedule to the
General Agreement and which has a substantial interest in th e product involved.
(d) Any concession so withheld or withdrawn shall be applied on and after the day on which
the schedule of the participant or the acceding government w hich has the principal
supplying interest becomes a Schedule to the General Agreem ent.
4. ( a) In each case in which paragraph 1 ( b) and ( c) of Article II of the General Agreement
refers to the date of that Agreement, the applicable date in r espect of each product which is the subject
of a concession provided for7
in a schedule annexed to this Protocol shall be the date of thi s Protocol, but without prejudice to any
obligations in effect on that date.
(b) For the purpose of the reference in paragraph 6 ( a) of Article II of the General Agreement
to the date of that Agreement, the applicable date in respect of a schedule annexed to this Protocol
shall be the date of this Protocol.
II -Final Provisions
5. ( a) This Protocol shall be open for acceptance by participants , by signature or otherwise,
until 30 June 1968.
(b) The period during which this Protocol may be accepted by a pa rticipant may be extended,
but not beyond 31 December 1968, by a decision of the Council o f Representatives. Such decision
shall lay down the rules and conditions for the implementati on of the schedule annexed to this Protocol
relating to that participant.
6. This Protocol shall enter into force on 1 January 1968 for t hose participants which have accepted
it before 1 December 1967, and for participants accepting af ter that date it shall enter into force on
the dates of acceptance, provided that not later than 1 Decem ber 1967 the participants which have
accepted or are then prepared to accept this Protocol shall c onsider whether they constitute a sufficient
number of participants to justify the beginning of rate redu ctions according to paragraph 2, and if they
consider that they do not constitute a sufficient number the y shall so notify the Director-General who
shall request all participants to review the situation with a view to securing the greatest possible number
of acceptances at thee arliest practicable date.
7. This Protocol shall be deposited with the Director-Gener al to the CONTRACTING PARTIES
who shall promptly furnish a certified copy thereof and a not ification of each acceptance thereof, pursuant
to paragraph 5 above, to each contracting party to the Genera l Agreement and to the European Economic
Community.
8. This Protocol shall be registered in accordance with the p rovisions of Article 102 of the Charter
of the United Nations.
Done at Geneva this thirtieth day of June one thousand nine hundre d and sixty-seven, in a single
copy, in the English and French languages, except as otherwi se specified with respect to the schedules
annexed hereto, both texts being authentic.8
Schedules annexed
I. Australia XXVII. Italie
II. Benelux XXX. Sweden
(Belgique, Luxembourg, XXXII. Austria
Royaume des Pays-Bas) XXXIII. République fédérale
III. Brazil d Allemagne
V. Canada XXV. Peru
VII. Chile XXXVII. Turkey
X. Czechoslovakia XXXVIII. Japan
XI. France XL. Communauté économique
XII. India européenne
XIII. New Zealand XL bis Etats membres de la
XIV. Norway Communauté européenne du
XVIII. South Africa Charbon et de l Acier
XIX. United Kingdom XLII. Israel
Section A - XLIV. Portugal
Metropolitan Territory XLV. Espagne
Section C - LVII. Yugoslavia
Hong Kong LVIII. Malawi
XX. United States of America LIX. Suisse
XXII. Denmark LX. Republic of Korea
XXIII. Dominican Republic LXVI. Jamaica
XXIV. Finland LXVII. Trinidad and Tobago
AGREEMENT RELATING PRINCIPALLY TO CHEMICALS,
SUPPLEMENTARY TO THE GENEVA (1967) PROTOCOL TO THE
GENERAL AGREEMENT ON TARIFFS AND TRADE1
The Governments of the Kingdom of Belgium (hereinafter refe rred to as Belgium), the French
Republic (hereinafter referred to as France), the Italian R epublic (hereinafter referred to as Italy), the
Swiss Confederation (hereinafter referred to as Switzerla nd), the United Kingdom of Great Britain
and Northern Ireland (hereinafter referred to as the United Kingdom), the United States of America
(hereinafter referred to as the United States), and the Euro pean Economic Community,
Being desirous of exchanging further tariff and other concessions under th e General Agreement
on Tariffs and Trade (hereinafter referred to as the General Agreement) additional to those under the
Geneva (1967) Protocol to the General Agreement (hereinaft er referred to as the Protocol), principally
with respect to chemicals,
_____________
1See page 17 for a list of the Appendices to the Agreement.9
Have , through their representatives, agreed as follows:
PART I - GENERAL
Article 1 - Conditions of Entry into Force
(a) Elimination of American Selling Price system . In order that the United States may obtain
the benefits of the tariff concessions on chemicals and othe r articles and the concessions on non-tariff
barriers, provided for in Parts III, IV and V of this Agreemen t, additional to the concessions it will
obtain under the Protocol, the President of the United State s undertakes to use his best efforts to obtain
promptly such legislation as is necessary to enable the Unit ed States to eliminate the American Selling
Price system of valuation, as provided in Part II of this Agre ement, and to give effect to the other
provisions of that Part.
(b) Entry into force . This Agreement shall enter into force for all the parties he reto on
the first day of the first calendar quarter which is at least t hirty days after the day on which the United
States has notified the Director-General of the General Agr eement, in writing, that such legislation
has been enacted: Provided , that this Agreement shall enter into force no earlier than t he day on which
Schedule XX to the Protocol becomes a Schedule to the General Agreement, nor any later than 1 January
1969, unless otherwise agreed by all the parties hereto.
PART II - UNITED STATES
Sub-Part A - Chemicals
Article 2 - Elimination of American Selling Price System
(a) Explanation .1This Article provides for the elimination of the American Se lling Price
system of valuation (see Sections 402 ( e) and 402a ( g) of the Tariff Act of 1930 (19 U.S.C. (1964),
1401a ( e) and 1402 ( g)) as the basis for determining dutiable value in the case of c ertain chemicals,
provided for in Schedule XX (United States), Part I, annexed to the Protocol (hereinafter referred to
as Schedule XX), Section 4, Chapter 1. This is accomplished b y the deletion of Notes 4 and 5 from
Chapter 1, which provide for use of the American Selling Pric e system for such articles. In addition,
a new Note 4 is inserted providing for use of normal methods of valuation therefor (Section 402 ( a)
through ( d) of the Tariff Act of 1930 (19 U.S.C. (1964) 1401a ( a) through ( d)).
_____________
1As provided in Article 1l, this and all other explanations se t out in this Agreement have no legal force
or effect whatsoever.10
(b) Amendments . Upon the entry into force of this Agreement, Schedule XX, Se ction 4,
Chapter 1, shall be amended by striking out Notes 4 and 5 there to, and by inserting in lieu thereof:4. The ad valorem rates provided for in this Chapter shall be based upon the met hods
of valuation provided for in Section 402 ( a) through ( d) of the Tariff Act of 1930 (19 U.S.C.
(1964) 1401a ( a) through ( d)). 
Article 3 - Substitution of Converted Concessions
(a) Explanation . This Article removes from Schedule XX the original concess ions on
chemicals provided for in Units B and C of Chapter 1 of Section 4, which are based on the American
Selling Price system, and replaces them with the substitute converted concessions, set forth in Appendix
A, with concession rates based on normal methods of valuatio n. In addition, this Article removes Note
6 from Chapter 1, Unit C, which provides that specific duties on certain dyes shall be based on standards
of strength, since the substitute converted concessions on these dyes involve only ad valorem rates
of duty.
(b) Amendments . Upon the entry into force of this Agreement, Schedule XX, Se ction 4,
Chapter 1, shall be amended by striking out Units B and C (orig inal concessions), and by inserting
in lieu thereof Units B and C in Appendix A to this Agreement (s ubstitute converted concessions) which
omit Note 6 of Unit C.
Article 4 - Further Tariff Reductions
(a) Explanation . This Article provides for the following tariff concession s by the United
States on certain chemicals and other articles, not covered by Article 3, in return for the concessions
provided for herein by the other parties to this Agreement:
(i) paragraph ( b) (i) of this Article repeals General Note 3 ( f) of Schedule XX, which
provides that, in the absence of the additional concessions by the other parties to this Agreement,
the United States will interrupt the staging of concessions on certain chemicals and other articles
so that such concessions do not exceed two fifths of each redu ction to the full concession rate.
With respect to such articles, as they are identified by item numbers in Appendix B to this
Agreement, the United States is prepared to make the remaini ng three fifths of such reduction
in return for the additional concessions from the other part ies, and
(ii) paragraph ( b) (ii) of this Article amends Schedule XX by deleting origina l concessions
on certain additional chemicals and other articles11
and substituting therefor concessions which provide for fu ll concession rates, constituting
reductions in excess of 50 per cent set forth in Appendix C to t his Agreement.
(b) Amendments . Upon the entry into force of this Agreement, Schedule XX sha ll be
amended:
(i) by striking out General Note 3 ( f); this repeals, as of the effective date of the
amendment, the provision for interruption of the staging of the concessions provided for in
the items listed in Appendix B; and after such date the effect iveness of such concessions
(including any further staging thereof) shall be governed b y the provisions of General Note
3, computing any relevant time periods from the effective da te of the original concessions,
as though there had been no provision for interruption of sta ging, and
(ii) by striking out the rate in each item in Schedule XX (orig inal concession) which
has the same item number as an item set forth in Appendix C, and in each case inserting in
lieu thereof the rate in such item in Appendix C (substitute c oncession exceeding 50 per cent).
Sub-Part B - Staging of Substitute Concessions
Article 5 - Co-ordination of Staging
(a) Explanation . This Article provides for the staging of the substitute con verted concessions
provided for in Appendix A and of the substitute concessions exceeding 50 per cent provided for in
Appendix C. It does so by inserting a new General Note 3 ( f) in Schedule XX and by adding a new
Annex I-A to that Schedule. New General Note 3 ( f) assimilates the staging of the substitute concessions
with the staging of the original concessions for which they a re substituted. Although rates will be changed
by the amendment, the time periods and relative amounts of re duction in effect on any day after the
entry into force of this amendment will be the same for the sub stitute concessions as they would have
been for the original concessions. Appendix D to this Agreem ent, which contains the new Annex I-A
to Schedule XX, sets forth, for both kinds of substitute conc essions, rates applicable during the first,
second, third, and fourth years of staging, computed from th e date of the original concessions.
(b) Amendments . Upon the entry into force of this Agreement, Schedule XX sha ll be
amended:
(i) by striking out paragraphs ( d) (ii) and ( f) in the first sentence of General Note
3 (a), and by inserting in lieu thereof paragraph ( d) (ii) ,
(ii) by striking out In the case of each staged rate, in General Note 3 ( b), and by
inserting in lieu thereof:12Special provisions regarding rates in Section 4, Chapter 1, Units B and C,
and regarding rates followed by three asterisks are set fort h in paragraph ( f) of this
Note. In the case of each other rate which is a staged rate, ,
(iii) by inserting the following new paragraph ( f) in General Note 3:(f) This paragraph relates to the staging of full concession ra tes inserted in
this Schedule by the Agreement Relating Principally to Chem icals, Supplementary to
the Geneva (1967) Protocol to the General Agreement. In the c ase of any such rate
in this Schedule which is followed by two asterisks, the full concession rate becomes
effective on the day on which Schedule XX is amended to includ e such rate. In the
case of each full concession rate in Section 4, Chapter 1, Uni ts B and C, and in the
case of each full concession rate which is followed by three a sterisks, the rates applicable
during the first, second, third, and fourth years of staging are set forth in Annex l-A
to this Schedule. The first, second, third, and fourth years of staging in that Annex
coincide with the corresponding years of staging of the orig inal concession rates, i.e.,
they are computed for each converted rate from the effective date of the original
concessions. Consequently, if a rate is inserted in Schedul e XX on any day prior to
1 January 1969, the rate which becomes applicable on and afte r that day is the rate
for the same stage, under the substitute concession, as the s tage for the rate it replaces
under the original concession. The rates for the substitute concession applicable during
the subsequent stages, and the full concession rate therefo r, will, as provided under
such Annex and under paragraphs ( a) (ii) and ( d) of this note, become effective on
the same day as was provided for such stages and such full conc ession rate under the
original concession. , and
(iv) by inserting Annex I-A, which is contained in Appendix D to this Agreement,
immediately following Annex I of Schedule XX.
PART III - EUROPEAN ECONOMIC COMMUNITY
AND BELGIUM, FRANCE, ITALY
Sub-Part A - Chemicals
Article 6 - Further Tariff Reductions
(a) Explanation . This Article amends Schedule XL (European Economic Commun ity),
Part 1, annexed to the Protocol (hereinafter referred to as S chedule XL), so as to provide for the further
tariff concessions on chemicals and other articles granted by the European Economic Community under
this Agreement, in return for the additional concessions pr ovided13
for herein by the other parties to this Agreement. These furt her tariff concessions are provided for
in Chapters 28 through 39 of Schedule XL and are subject to the following four General Rules:
(i) The first General Rule applies to those tariff items in Ch apters 28 through 39 which
are identified by the symbol C1
in the fourth column and which are subject to base rates
of duty of less than 25 per cent ad valorem (or equivalent); the concessions on these rates consist
of four tenths of each reduction to the final rate, which shal l be made under the Protocol at
the same time as the first two stages thereunder, and, upon th e entry into force of this
Agreement, the remaining six tenths of such reduction, whic h shall be made at the same time
as the remaining stages under the Protocol.
(ii) The second General Rule applies to those tariff items in Chapters 28 through 39
which are identified by the symbol C2
and which are subject to base rates of duty of 25 per
cent ad valorem (or equivalent) or more; the concessions on these rates cons ist of six tenths
of each reduction to the final rate, which shall be made under the Protocol at the same time
as the first three stages thereunder, and, upon entry into fo rce of this Agreement, the remaining
four tenths of such reduction, which shall be made at the same time as the remaining stages
under the Protocol.
(iii) The third General Rule applies to those tariff items in Chapters 28 through 39
which are identified by the symbol C3
and with respect to which Switzerland has been the
principal or a substantial supplier of the articles concern ed to the European Economic
Community; the concessions on these rates consist of seven t enths of each reduction to the
final rate, which shall be made under the Protocol at the same time as the first four stages
thereunder, and, upon entry into force of this Agreement, th e remaining three tenths of such
reduction, of which one tenth shall be added to the reduction made at the same time as the
fourth stage and two tenths shall be made at the same time as th e last stage under the Protocol.
(iv) The fourth General Rule applies to those tariff items in Chapters 28 through 39
which are identified by the symbol C4
and which are duty free; the concessions on these
items consist of the binding of duty-free treatment which sh all be made upon the entry into
force of this Agreement.
The tariff items in Chapters 28 through 39 of Schedule XL for w hich concessions or other actions do
not conform with any of the four General Rules, and tariff ite ms in Chapters 28 through 39 of the
tariff of the European Economic Community (other than items presently bound duty free), for which
no concessions are made, are listed in Appendix E to this Agre ement.14
(b) Amendments . Upon the entry into force of this Agreement, Schedule XL sha ll be amended
by striking out the seventh, eighth, ninth and tenth paragra phs under Section II of the General Notes
at the beginning of this Schedule, and by striking out all the symbols C1, C2, C3, and C4in Chapters
28 through 39, thereby rendering applicable the final rates in such Chapters.
Sub-Part B - Automobile Road Taxes
Article 7 - High-Cylinder Capacity Engines
(a) Explanation . There follows the text of the undertaking relating to autom obile road taxes
on the part of Belgium, France, and Italy, in return for the ad ditional concessions provided for herein
by the other parties to this Agreement.
(b) Undertaking . Upon the entry into force of this Agreement, the Government s of Belgium,
France, and Italy shall set in motion the necessary constitu tional procedures in order to adjust the
modalities of their automobile road taxes concerning eithe r the progressivity of the taxes or the basis
of the taxes, or both, so as to assure the absence of those elem ents of these taxes whose incidence is
particularly heavy for vehicles having engines of a high-cy linder capacity.
PART IV - UNITED KINGDOM
Sub-Part A - Chemicals
Article 8 - Further Tariff Reductions
(a) Explanation . This Article amends Schedule XIX (United Kingdom), Sectio n A, Part
I, annexed to the Protocol (hereinafter referred to as Sched ule XIX), so as to provide for the further
tariff concessions on chemicals and other articles granted by the United Kingdom under this Agreement,
in return for the additional concessions provided for herei n by the other parties to this Agreement.
These further tariff concessions are provided for in Chapte rs 28 through 39 of Schedule XIX (in which
concessions under the Protocol are enclosed in brackets and final concessions are without brackets)
and are subject to the following four General Rules:
(i) The first General Rule applies to those tariff items in Ch apters 28 through 38 which
are subject to base rates of duty of less than 25 per cent ad valorem (or equivalent); the
concessions on these rates consist of two fifths of each redu ction to the final rate which shall
be made under the Protocol at the same time as the first two sta ges thereunder, and, upon the
entry into force of this Agreement, the remaining three fift hs of such reduction which shall
be made at the same time as the remaining stages under the Prot ocol.15
(ii) The second General Rule applies to those tariff items in Chapters 28 through 38
which are subject to base rates of duty of 25 per cent ad valorem (or equivalent) or more; the
concessions on these rates consist of reductions of 30 per ce nt, which shall be made under
the Protocol at the same time as the first three stages thereu nder, and, upon the entry into force
of this Agreement, further reductions to a rate not greater t han 12.5 per cent ad valorem , which
shall be made at the same time as the remaining stages under th e Protocol.
(iii) The third General Rule applies to those items in Chapte rs 28 through 38 which
are identified by an asterisk, the concessions on these rate s consist of reductions of 35 per cent,
which shall be made under the Protocol at the same time as the f irst three or four stages
thereunder, and, upon entry into force of this Agreement, fu rther reductions to the final rate,
which shall be made at the same time as the last two stages, und er the Protocol.
(iv) The fourth General Rule applies to the tariff items in Ch apter 39; the concessions
on these items under the Protocol consist of reductions in th ose base rates which are equal
to, or higher than, the base rates on the same items in Chapter 39 of Schedule XL of the
European Economic Community, and these reductions shall be made under the Protocol in
accordance with the first or second General Rule, whichever is applicable; no concessions
(indicated by empty brackets) shall be made under the Protoc ol on base rates which are lower
than the base rates on the same items in Chapter 39 of Schedule XL; the concessions under
this Agreement consist of reductions or further reductions to the final rates on the same items
in Chapter 39 of Schedule XL, which shall be made at the same ti me as the remaining stages
under the Protocol, and of bindings of base rates which are no t higher than the final rates on
the same items in Chapter 39 of Schedule XL.
The tariff items in Chapters 28 through 39 of Schedule XIX (ot her than items to be bound duty free)
for which concessions do not satisfy the conditions of any of these four General Rules, and items in
Chapters 28 through 39 of the United Kingdom s tariff, other than items presently bound duty free,
for which no concessions are made, are listed in Appendix F to this Agreement.
(b) Amendments . Upon the entry into force of this Agreement, Schedule XIX sh all be
amended:
(i) by striking out the note at the beginning of Schedule XIX w hich deals exclusively
with Chapters 28 through 39, and
(ii) by striking out in Chapters 28 through 39 all the bracket s and bracketed rates in
the fourth column, thereby rendering applicable the final r ates provided for in that column.16
Sub-Part B - Unmanufactured Tobacco
Article 9 - Reduction of Preference Margin in Revenue Duty
(a) Explanation . This Article amends Schedule XIX so as to insert therein the note set
forth below. By the terms of this note, the United Kingdom wil l reduce by approximately 25 per cent
the margin of Commonwealth preference in the revenue duty on unmanufactured tobacco, in return
for the additional concessions provided for herein by the ot her parties to this Agreement.
(b) Amendments . Upon, or on the earliest practicable date following, the en try into force
of this Agreement, the following note, which deals with unma nufactured tobacco provided for in tariff
item 24.01 and which replaces any note relating to such artic les in any prior Schedule XIX, shall be
inserted after tariff item ex 23.07 in Schedule XIX:Note. 1. Whenever the ordinary most-favoured-nation customs du ty chargeable
on unmanufactured tobacco containing 10 per cent or more by w eight of moisture -(a) is not more than £1 15s. 6d. per pound, that duty shall not exc eed the
preferential duty by more than 9d. per pound, or(b) is more than £1 15s. 6d. per pound but not more than £2 5s. 2d. p er pound,
that duty shall not exceed the preferential duty by more than IId. per pound, or(c) is more than £2 5s. 2d. per pound, that duty shall not exceed t he
preferential duty by more than 1s. 2d. per pound.
2. The ordinary most-favoured-nation customs duty chargea ble on
unmanufactured tobacco containing less than 10 per cent by w eight of moisture shall
not exceed the preferential duty by more than 1s. 3½d. per pou nd. 
Part V - SWITZERLAND
Article 10 - Prepared Fruit
(a) Explanation . This Article amends Schedule LIX (Switzerland), Part 1, an nexed to the
Protocol (hereinafter referred to as Schedule LIX) so as to i nsert therein the note set forth below. By
the terms of this note, Switzerland shall assure that prepar ed or preserved fruits provided for in tariff
item 2006 shall be free from restrictions by reason of the pre sence of corn syrup, in return for the
additional concessions provided for herein by the other par ties to this Agreement.
(b) Amendments . Upon the entry into force of this Agreement, the following n ote shall
be inserted after item 2006 in Schedule LIX:17Note: Imports of prepared or preserved fruits under tariff item 2 006 shall be free
of any restrictions imposed by reason of the presence of corn syrup. 
Part VI - FINAL PROVISIONS
Article II - Significance of Explanations
The explanations set out in this Agreement are intended for c onvenience only in referring to
the amendments and undertaking and have no legal force or eff ect whatsoever.
Article 12 - Signature and Acceptance
This Agreement shall be open for acceptance, by signature or otherwise, from 30 June until
31 December 1967, by the Governments of Belgium, France, Ita ly, Switzerland, the United Kingdom,
the United States and by the European Economic Community, an d if accepted by all those Governments
and the European Economic Community by the latter date it sha ll enter into force in accordance with
the provisions of Article 1 ( b).
Article 13 - Deposit with Director-General
This Agreement shall be deposited with the Director-Genera l to the CONTRACTING PARTIES
who shall promptly furnish a certified copy thereof, and a re port of the notification received by him
pursuant to Article 1 (b) of this Agreement, to each contract ing party to the General Agreement and
to the European Economic Community.
Article 14 - Registration with United Nations
This Agreement shall be registered in accordance with the pr ovisions of Article 102 of the
Charter of the United Nations.
Done at Geneva this thirtieth day of June one thousand nine hundre d and sixty-seven, in a single
copy, in the English and French languages, except as otherwi se specified with respect to appendices
hereto, both texts being authentic.
Appendices to the Agreement
A - United States Substitute Converted Concessions on Chemi cals
B - Items on which the United States will make Three Fifths of t he Reduction to the Full Concession
Rate in Addition to the Two Fifths made under the Geneva (1967 ) Protocol
C - United States Concessions of Rate Reductions greater tha n 50 per cent18
D - Staging of Substitute Concessions for Schedule XX
E - European Economic Community
F - United Kingdom
MEMORANDUM OF AGREEMENT ON BASIC ELEMENTS
FOR THE NEGOTIATION OF A WORLD GRAINS ARRANGEMENT
The Governments of Argentina, Australia, Canada, Denmark, Finland, Japan, Norway, Sweden,
Switzerland, the United Kingdom, the United States, and the European Economic Community and
its member States
Have agreed as follows:
Article 1
Each signatory to this Agreement agrees to negotiate a world grains arrangement, on as wide
a basis as possible, in a conference promptly called for such purpose, that contains the provisions set
forth in Article 2, to work diligently for the early conclusi on of the negotiation, and upon completion
of the negotiation to seek acceptance of the arrangement in a ccordance with ts constitutional procedures
as rapidly as possible.
Article 2
Principal Items of World Grains Arrangement
I. Pricing provisions
1. The Schedule of minimum and maximum prices, basis f.o.b. G ulf ports, is established
for the duration of this arrangement as follows:
Minimum Maximum
price price
(US dollars per bushel)
Canada
Manitoba ........................................... ............... 1.95½ 2.35½
Manitoba 3 .......................................... ............ 1.90 2.30
United States
Dark Northern Spring No. 1, 14% ......................... 1.83 2.23
Hard Red Winter No. 2 (ordinary) ........................ . 1.73 2.13
Western White No. 1 ................................... ...... 1.68 2.08
Soft Red Winter No. 1 .................................. ..... 1.60 2.00
Argentina
Plate .............................................. ................ 1.73 2.1319
Minimum Maximum
price price
(US dollars per bushel)
Australia
FAQ ................................................ ............. 1.68 2.08
EEC
Standard ........................................... .............. 1.50 1.90
Sweden ............................................. ............. 1.50 1.90
2. The minimum prices and maximum prices for the specified Ca nadian and US wheats,
f.o.b. Pacific NW ports shall be 6 cents less than the prices i n paragraph 1.
3. The schedule of minimum prices may be adjusted in accordan ce with the provisions
of IV below.
4. The minimum price and maximum price for FAQ Australian whe at f.o.b. Australian
ports shall be 5 cents below the price equivalent to the c. and f. price in United Kingdom ports of
the minimum price and maximum price for US Hard Red Winter No. 2 (ordinary), f.o.b. Gulf ports,
specified in paragraph 1, computed by using currently preva iling transportation costs.
5. The minimum prices and maximum prices for Argentine wheat , f.o.b. Argentine ports,
for destinations bordering the Pacific and Indian Oceans, s hall be the prices equivalent to the c. and
f. prices in Yokohama of the minimum prices and maximum price s for US 2 Hard Red Winter (ordinary)
wheat f.o.b. Pacific NW ports, specified in paragraph 2, com puted by using currently prevailing
transportation costs.
6. The minimum prices and maximum prices for
the specified US wheats, f.o.b. US Atlantic, Great Lakes and Canadian St. Lawrence ports,
the specified Canadian wheats, f.o.b. Ft. William/Port Art hur, St. Lawrence ports, Atlantic
ports, and Churchill,
Argentine wheat, f.o.b. Argentine ports, for destinations other than those specified in paragraph
5,
shall be the prices equivalent to the c. and f. prices in Antwe rp/Rotterdam of the minimum prices and
maximum prices specified in paragraph 1, computed by using c urrently prevailing transportation costs.
7. The minimum prices and maximum prices for the EEC standard wheat shall be the
prices equivalent to the c. and f. price in the country of dest ination, or the c. and f. price at an
appropriate port for delivery to20
the country of destination, of the minimum prices and maximu m prices for Hard Winter No. 2 (ordinary)
wheat f.o.b. United States, specified in paragraphs 1 and 2, computed by using currently prevailing
transportation costs and by applying the price adjustments corresponding to the agreed quality differences
set forth in the scale of equivalents.
8. The minimum prices and maximum prices for Swedish wheat sh all be the prices
equivalent to the c. and f. price in the country of destinatio n, or the c. and f. price at an appropriate
port for delivery to the country of destination, of the minim um prices and maximum prices for Hard
Winter No. 2 (ordinary) wheat f.o.b. United States, specifi ed in paragraphs 1 and 2, computed by
using currently prevailing transportation costs and by app lying the price adjustments corresponding
to the agreed quality differences set forth in the scale of eq uivalents.
II. Commercial purchases and supply commitments
1. Each member country when exporting wheat undertakes to do so at prices consistent
with the price range.
2. Each member country importing wheat undertakes that the m aximum possible share
of its total commercial purchases of wheat in any crop year sh all be purchased from member countries,
except as provided in paragraph 4 below. This share will have to be determined at a later stage and
will be dependent upon the extent to which other countries ac cede to the Arrangement.
3. Exporting countries undertake, in association with one a nother, that wheat from their
countries shall be made available for purchase by importing countries in any crop year at prices consistent
with the price range in quantities sufficient to satisfy on a regular and continuous basis the commercial
requirements of those countries subject to the other provis ions of this Agreement.
4. Under extraordinary circumstances a member country may b e granted by the Council
partial exemption from the commitment contained in paragra ph 2 upon submission of satisfactory
supporting evidence to the Council.
5. Each member country when importing wheat from non-member countries shall undertake
to do so at prices consistent with the price range.
III. Role of maximum prices
1. The role of maximum prices shall be in general conformity w ith that set forth in the
International Wheat Agreement of 1962.21
2. Provision shall be made for continuous review by the Secre tariat of the Grains Council
of the situation with regard to the arrangements in respect o f maximum prices and for initiating the
necessary action.
3. Durum wheat and certified seed wheat shall be excluded fro m the provisions relating
to maximum prices.
IV. Role of minimum prices
The purpose of the schedule of minimum prices is to contribut e to market stability by making
it possible to determine when the level of market prices for a ny wheat is at or approaching the minimum
of the range. Since price relationships between types and qu alities of wheat fluctuate with competitive
circumstances, provision is made for review of and adjustme nts in minimum prices, on the basis of
the following principles:
1. If the Secretariat of the Grains Council in the course of it s continuous review of market
conditions is of the opinion that a situation has arisen, or t hreatens imminently to arise, which appears
to jeopardize the objectives of the Arrangement with regard to the minimum price provisions, or if
such a situation is called to the attention of the Secretaria t of the Council by any member country,
the Executive Secretary shall convene a meeting of the Price s Review Committee within two days and
concurrently notify all member countries.
2. The Prices Review Committee shall review the price situat ion with the view to reaching
agreement on action required by member participants to rest ore price stability and to maintain prices
at or above minimum levels and shall notify the Executive Sec retary when agreement has been reached
and of the action taken to restore market stability.
3. If after three market days the Prices Review Committee is u nable to reach agreement
on the action to be taken to restore market stability, the Cha irman of the Council shall convene a meeting
of the Council within two days to consider what further measu res might be taken. If after not more
than three days of review by the Council any member country is exporting or offering wheat below
the minimum prices as determined by the Council, the Council shall decide whether provisions of the
agreement shall be suspended and if so to what extent.
4. When any minimum price has been adjusted in accordance wit h the foregoing, such
adjustments shall terminate when the Prices Review Committ ee or the Council finds that the conditions
requiring the adjustments no longer prevail.
5. Denatured wheat shall be excluded from the provisions rel ating to minimum prices.22
V. International food aid
1. The countries party to this Agreement agree to contribute wheat, coarse grains, or the
cash equivalent thereof, as aid to the developing countries , to an amount of 4.5 million metric tons
of grain annually. Grains covered by the programme shall be s uitable for human consumption and of
an acceptable type and quality.
2. The minimum contribution of each country party to this Agr eement is fixed as follows:
Per cent Thousand
metric tons
United States ....................................... ...................... 42.0 1,890
Canada ............................................. ....................... 11.0 495
Australia .......................................... ........................ 5.0 225
Argentina .......................................... ....................... 0.5 23
EEC ................................................ ....................... 23.0 1,035
United Kingdom ...................................... ................... 5.0 225
Switzerland ........................................ ....................... 0,7 32
Sweden ............................................. ....................... 1.2 54
Denmark ............................................ ...................... 0.6 27
Norway ............................................. ...................... 0,3 14
Finland ............................................ ........................ 0.3 14
Japan .............................................. ........................ 5.0 225
Countries acceding to the Arrangement may make contributio ns on such a basis as may be
agreed.
3. The contribution of a country making the whole or part of it s contribution to the
programme in the form of cash shall be calculated by evaluati ng the quantity determined for that country
(or that portion of the quantity not contributed in grain) at US$1.73 per bushel.
4. Food aid in the form of grain shall be supplied on the follow ing terms:
(a) Sales for the currency of the importing country which is not transferable and is
not convertible into currency or goods and services for use b y the contributing country.1
(b) A gift of grain or a monetary grant used to purchase grain for the importing country.
Grain purchases shall be made from participating countries . In the use of grant funds, special
regard shall be had to facilitating grain exports of develop ing member countries. To this end priority
shall be given so that
_____________
1Under exceptional circumstances an exception of not more th an 10 per cent could be granted.23
not less than 25 per cent of the cash contribution to purchase grain for food aid or that part of such
contribution required to purchase 200,000 metric tons of gr ain shall be used to purchase grains produced
in developing countries. Contributions in the form of grain s shall be placed in f.o.b. forward position
by donor countries.
5. Countries party to the Arrangement may, in respect of thei r contribution to the food
aid programme, specify a recipient country or countries.
VI. Miscellaneous
A grains arrangement must include, among other things, acce ptable provisions relating to such
issues as voting rights, definition of commercial transact ions, guidelines for non-commercial transactions,
safeguards for commercial transactions, and provisions co ncerning wheat flour which take into account
the special nature of international trade in flour.
VII. Duration
The Arrangement shall be effective for a three-year period.
VIII. Accession
The terms and conditions of accession of countries not origi nal signatories to this Agreement
shall be decided upon in subsequent negotiations.
IX. Subsequent negotiations
Nothing in subsequent negotiations shall prejudice the com mitments undertaken in this
Memorandum of Agreement.
Article 3
This Memorandum of Agreement shall be opened for acceptance by signature on 30 June 1967
and shall enter intoforce when accepted bythe Governments o f Argentina,Australia, Canada,Denmark,
Finland, Japan, Norway, Sweden, Switzerland, the United Ki ngdom, and the United States, and by
the European Economic Community and its member States.
Article 4
This Memorandum of Agreement shall be deposited with the Dir ector-General to the
CONTRACTING PARTIES, who shall promptly furnish a certifie d copy thereof to each contracting
party to the General Agreement and to the European Economic C ommunity.24
Article 5
This Memorandum of Agreement shall be registered inaccorda nce with theprovisions ofArticle
102 of the Charter of the United Nations.
Done at Geneva this thirtieth day of June one thousand nine hundre d and sixty-seven in a single
copy in the English and French languages, both texts being au thentic.
Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade1
The parties to this Agreement,
Considering that Ministers on 21 May 1963 agreed that a significant liber alization of world
trade was desirable and that the comprehensive trade negoti ations, the 1964 Trade Negotiations, should
deal not only with tariffs but also with non-tariff barriers ;
Recognizing that anti-dumping practices should not constitute an unjus tifiable impediment to
international trade and that anti-dumping duties may be app lied against dumping only if such dumping
causes or threatens material injury to an established indus try or materially retards the establishment
of an industry;
Considering that it is desirable to provide for equitable and open proced ures as the basis for
a full examination of dumping cases; and
Desiring to interpret the provisions of Article VI of the General Agre ement and to elaborate
rules for their application in order to provide greater unif ormity and certainty in their implementation;
Hereby agree as follows:
PART I - ANTI-DUMPING CODE
Article 1
The imposition of an anti-dumping duty is a measure to be take n only under the circumstances
provided for in Article VI of the General Agreement. The foll owing provisions govern the application
of this Article, in so far as action is taken under anti-dumpi ng legislation or regulations.
_____________
1The Agreement will enter into force on 1 July 1968.25
A. Determination of dumping
Article 2
(a) For the purpose of this Code a product is to be considered as b eing dumped, i.e.
introduced into the commerce of another country at less than its normal value, if the export price of
the product exported from one country to another is less than the comparable price, in the ordinary
course of trade, for the like product when destined for consu mption in the exporting country.
(b) Throughout this Code the term like product ( produit similaire ) shall be interpreted
to mean a product which is identical, i.e. alike in all respec ts to the product under consideration, or
in the absence of such a product, another product which, alth ough not alike in all respects, has
characteristics closely resembling those of the product un der consideration.
(c) In the case where products are not imported directly from th e country of origin but
are exported to the country of importation from an intermedi ate country, the price at which the products
are sold from the country of export to the country of importat ion shall normally be compared with
the comparable price in the country of export. However, comp arison may be made with the price in
the country of origin, if, for example, the products are mere ly trans-shipped through the country of
export, or such products are not produced in the country of ex port, or there is no comparable price
for them in the country of export.
(d) When there are no sales of the like product in the ordinary co urse of trade in the domestic
market of the exporting country or when, because of the parti cular market situation, such sales do not
permit a proper comparison, the margin of dumping shall be de termined by comparison with a
comparable price of the like product when exported to any thi rd country which may be the highest
such export price but should be a representative price, or wi th the cost of production in the country
of origin plus a reasonable amount for administrative, sell ing and any other costs and for profits. As
a general rule, the addition for profit shall not exceed the p rofit normally realized on sales of products
of the same general category in the domestic market of the cou ntry of origin.
(e) In cases where there is no export price or where it appears to the authorities1concerned
that the export price is unreliable because of association o r a compensatory arrangement between the
exporter and the importer or a third party, the export price m ay be constructed on the basis of the
price at which the imported products are first resold to an in dependent
_____________
1When in this Code the term authorities is used, it shall be interpreted as meaning authorities at an
appropriate, senior level.26
buyer, or if the products are not resold to an independent buy er, or not resold in the condition as
imported, on such reasonable basis as the authorities may de termine.
(f) In order to effect a fair comparison between the export pric e and the domestic price
in the exporting country (or the country of origin) or, if app licable, the price established pursuant to
the provisions of Article VI: 1 ( b) of the General Agreement, the two prices shall be compared a t the
same level of trade, normally at the ex factory level, and in r espect of sales made at as nearly as possible
the same time. Due allowance shall be made in each case, on its merits, for the differences in conditions
and terms of sale, for the differences in taxation, and for th e other differences affecting price
comparability. In the cases referred to in Article 2 ( e) allowance for costs, including duties and taxes,
incurred between importation and resale, and for profits ac cruing, should also be made.
(g) This Article is without prejudice to the second Supplement ary Provision to paragraph
1 of Article VI in Annex I of the General Agreement.
B. Determination of material injury, threat of material inj ury
and material retardation
Article 3
Determination of Injury1
(a) A determination of injury shall be made only when the author ities concerned are satisfied
that the dumped imports are demonstrably the principal caus e of material injury or of threat of material
injury to a domestic industry or the principal cause of mater ial retardation of the establishment of such
an industry. In reaching their decision the authorities sha ll weigh, on one hand, the effect of the dumping
and, on the other hand, all other factors taken together whic h may be adversely affecting the industry.
The determination shall in all cases be based on positive fin dings and not on mere allegations or
hypothetical possibilities. In the case of retarding the es tablishment of a new industry in the country
of importation, convincing evidence of the forthcoming est ablishment of an industry must be shown,
for example that the plans for a new industry have reached a fa irly advanced stage, a factory is being
constructed or machinery has been ordered.
(b) The valuation of injury - that is the evaluation of the effec ts of the dumped imports
on the industry in question - shall be based on examination of all factors having a bearing on the state
of the industry in question,
_____________
1When in this Code the term injury is used, it shall, unless otherwise specified, be interpret ed as
covering cause of material injury to a domestic industry, th reat of material injury to a domestic industry or material
retardation of the establishment of such an industry.27
such as: development and prospects with regard to turnover, market share, profits, prices (including
the extent to which the delivered, duty-paid price is lower o r higher than the comparable price for
the like product prevailing in the course of normal commerci al transactions in the importing country),
export performance, employment, volume of dumped and other imports, utilization of capacity of
domestic industry, and productivity; and restrictive trad e practices. No one or several of these factors
can necessarily give decisive guidance.
(c) In order to establish whether dumped imports have caused in jury, all other factors which,
individually or in combination, may be adversely affecting the industry shall be examined, for example:
the volume and prices of undumped imports of the product in qu estion, competition between the domestic
producers themselves, contraction in demand due to substit ution of other products or to changes in
consumer tastes.
(d) The effect of the dumped imports shall be assessed in relati on to the domestic production
of the like product when available data permit the separate i dentification of production in terms of such
criteria as: the production process, the producers realizations, profits. When the domestic production
of the like product has no separate identity in these terms th e effect of the dumped imports shall be
assessed by the examination of the production of the narrowe st group or range of products, which
includes the like product, for which the necessary informat ion can be provided.
(e) A determination of threat of material injury shall be based on facts and not merely
on allegation, conjecture or remote possibility. The chang e in circumstances which would create a
situation in which the dumping would cause material injury m ust be clearly foreseen and imminent.1
(f) With respect to cases where material injury is threatened b y dumped imports, the
application of anti-dumping measures shall be studied and d ecided with special care.
Article 4
Definition of Industry
(a) In determining injury the term domestic industry shall be interpreted as referring
to the domestic producers as a whole of the like products or to those of them whose collective output
of the products constitutes a major proportion of the total d omestic production of those products except
that
(i) when producers are importers of the allegedly dumped pro duct the industry may be
interpreted as referring to the rest of the producers;
_____________
1One example, though not an exclusive one, is that there is con vincing reason to believe that there will
be, in the immediate future, substantially increased impor tations of the product at dumped prices.28
(ii) in exceptional circumstances a country may, for the pro duction in question, be divided
into two or more competitive markets and the producers withi n each market regarded
as a separate industry, if, because of transport costs, all t he producers within such a
market sell all or almost all of their production of the produ ct in question in that market,
and none, or almost none, of the product in question produced elsewhere in the country
is sold in that market or if there exist special regional mark eting conditions (for example,
traditional patterns of distribution or consumer tastes) w hich result in an equal degree
of isolation of the producers in such a market from the rest of the industry, provided,
however, that injury may be found in such circumstances only if there is injury to all
or almost all of the total production of the product in the mar ket as defined.
(b) Where two or more countries have reached such a level of inte gration that they have
the characteristics of a single, unified market, the indust ry in the entire area of integration shall be
taken to be the industry referred to in Article 4 ( a).
(c) The provisions of Article 3 ( d) shall be applicable to this Article.
C. investigation and administration procedures
Article 5
Initiation and Subsequent Investigation
(a) Investigations shall normally be initiated upon a request on behalf of the industry1
affected, supported by evidence both of dumping and of injur y resulting therefrom for this industry.
If in special circumstances the authorities concerned deci de to initiate an investigation without having
received such a request, they shall proceed only if they have evidence both on dumping and on injury
resulting therefrom.
(b) Upon initiation of an investigation and thereafter, the ev idence of both dumping and
injury should be considered simultaneously. In any event th e evidence of both dumping and injury
shall be considered simultaneously in the decision whether or not to initiate an investigation, and
thereafter, during the course of the investigation, starti ng on a date not later than the earliest date on
which provisional measures may be applied, except in the cas es provided for in Article 10 ( d) in which
the authorities accept the request of the exporter and the im porter.
(c) An application shall be rejected and an investigation shal l be terminated promptly as
soon as the authorities concerned are satisfied that
_____________
1As defined in Article 4.29
there is not sufficient evidence of either dumping or of inju ry to justify proceeding with the case. There
should be immediate termination in cases where the margin of dumping or the volume of dumped
imports, actual or potential, or the injury is negligible.
(d) An anti-dumping proceeding shall not hinder the procedure s of customs clearance.
Article 6
Evidence
(a) The foreign suppliers and all other interested parties sha ll be given ample opportunity
to present in writing all evidence that they consider useful in respect to the anti-dumping investigation
in question. They shall also have the right, on justificatio n, to present evidence orally.
(b) The authorities concerned shall provide opportunities fo r the complainant and the
importers and exporters known to be concerned and the govern ments of the exporting countries, to
see all information that is relevant to the presentation of t heir cases, that is not confidential as defined
in paragraph ( c) below, and that is used by the authorities in an antidumping investigation, and to prepare
presentations on the basis of this information.
(c) All information which is by nature confidential (for examp le, because its disclosure
would be of significant competitive advantage to a competit or or because its disclosure would have
a significantly adverse effect upon a person supplying the i nformation or upon a person from whom
he acquired the information) or which is provided on a confid ential basis by parties to an anti-dumping
investigation shall be treated as strictly confidential by the authorities concerned who shall not reveal
it, without specific permission of the party submitting suc h information.
(d) However, if the authorities concerned find that a request f or confidentiality is not
warranted and if the supplier is either unwilling to make the information public or to authorize its
disclosure in generalized or summary form, the authorities would be free to disregard such information
unless it can be demonstrated to their satisfaction from app ropriate sources that the information is correct.
(e) In order to verify information provided or to obtain furthe r details the authorities may
carry out investigations in other countries as required, pr ovided they obtain the agreement of the firms
concerned and provided they notify the representatives of t he government of the country in question
and unless the latter object to the investigation.
(f) Once the competent authorities are satisfied that there is sufficient evidence to justify
initiating an anti-dumping investigation pursuant to Arti cle 5 representatives of the exporting country
and the exporters and30
importers known to be concerned shall be notified and a publi c notice may be published.
(g) Throughout the anti-dumping investigation all parties sh all have a full opportunity for
the defence of their interests. To this end, the authorities concerned shall, on request, provide
opportunities for all directly interested parties to meet t hose parties with adverse interests, so that
opposing views may be presented and rebuttal arguments offe red. Provision of such opportunities must
take account of the need to preserve confidentiality and of t he convenience to the parties. There shall
be no obligation on any party to attend a meeting and failure t o do so shall not be prejudicial to that
party s case.
(h) The authorities concerned shall notify representatives o f the exporting country and the
directly interested parties of their decisions regarding i mposition or non-imposition of anti-dumping
duties, indicating the reasons for such decisions and the cr iteria applied, and shall, unless there are
special reasons against doing so, make public the decisions .
(i) The provisions of this Article shall not preclude the autho rities from reaching preliminary
determinations, affirmative or negative, or from applying provisional measures expeditiously. In cases
in which any interested party withholds the necessary infor mation, a final finding, affirmative or negative,
may be made on the basis of the facts available.
Article 7
Price Undertakings
(a) Anti-dumping proceedings may be terminated without impos ition of anti-dumping duties
or provisional measures upon receipt of a voluntary underta king by the exporters to revise their prices
so that the margin of dumping is eliminated or to cease to expo rt to the area in question at dumped
prices if the authorities concerned consider this practica ble, e.g. if the number of exporters or potential
exporters of the product in question is not too great and/or i f the trading practices are suitable.
(b) If the exporters concerned undertake during the examinati on of a case, to revise prices
or to cease to export the product in question, and the authori ties concerned accept the undertaking,
the investigation of injury shall nevertheless be complete d if the exporters so desire or the authorities
concerned so decide. If a determination of no injury is made, the undertaking given by the exporters
shall automatically lapse unless the exporters state that i t shall not lapse. The fact that exporters do
not offer to give such undertakings during the period of inve stigation, or do not accept an invitation
made by the investigating authorities to do so, shall in no wa y be prejudicial to the consideration of
the case. However, the authorities are31
of course free to determine that a threat of injury is more lik ely to be realized if the dumped imports
continue.
D. Anti-dumping duties and provisional measures
Article 8
Imposition and Collection of Anti-Dumping Duties
(a) The decision whether or not to impose an anti-dumping duty i n cases where all
requirements for the imposition have been fulfilled and the decision whether the amount of the
anti-dumping duty to be imposed shall be the full margin of du mping or less, are decisions to be made
by the authorities of the importing country or customs terri tory. It is desirable that the imposition be
permissive in all countries or customs territories parties to this Agreement, and that the duty be less
than the margin, if such lesser duty would be adequate to remo ve the injury to the domestic industry.
(b) When an anti-dumping duty is imposed in respect of any produ ct, such anti-dumping
duty shall be levied, in the appropriate amounts in each case , on a non-discriminatory basis on imports
of such product from all sources found to be dumped and causin g injury. The authorities shall name
the supplier or suppliers of the product concerned. If, howe ver, several suppliers from the same country
are involved, and it is impracticable to name all these suppl iers, the authorities may name the supplying
country concerned. If several suppliers from more than one c ountry are involved, the authorities may
name either all the suppliers involved, or, if this is imprac ticable, all the supplying countries involved.
(c) The amount of the anti-dumping duty must not exceed the marg in of dumping as
established under Article 2. Therefore, if subsequent to th e application of the anti-dumping duty it
is found that the duty so collected exceeds the actual dumpin g margin, the amount in excess of the
margin shall be reimbursed as quickly as possible.
(d) Within a basic price system the following rules shall apply provided that their application
is consistent with the other provisions of this Code:
If several suppliers from one or more countries are involved , antidumping duties may
be imposed on imports of the product in question found to have been dumped and to be causing
injury from the country or countries concerned, the duty bei ng equivalent to the amount by
which the export price is less than the basic price establish ed for this purpose, not exceeding
the lowest normal price in the supplying country or countrie s where normal conditions of
competition are prevailing. It is understood that for produ cts which are sold below this already
established basic price a new anti-dumping investigation s hall be carried out in each particular32
case, when so demanded by the interested parties and the dema nd is supported by relevant
evidence. In cases where no dumping is found, anti-dumping d uties collected shall be reimbursed
as quickly as possible. Furthermore, if it can be found that t he duty so collected exceeds the
actual dumping margin, the amount in excess of the margin sha ll be reimbursed as quickly
as possible.
(e) When the industry has been interpreted as referring to the p roducers in a certain area,
i.e. a market as defined in Article 4 ( a) (ii), anti-dumping duties shall only be definitively coll ected
on the products in question consigned for final consumption to that area, except in cases where the
exporter shall, prior to the imposition of anti-dumping dut ies, be given an opportunity to cease dumping
in the area concerned. In such cases, if an adequate assuranc e to this effect is promptly given,
anti-dumping duties shall not be imposed, provided, howeve r, that if the assurance is not given or is
not fulfilled, the duties may be imposed without limitation to an area.
Article 9
Duration of Anti-Dumping Duties
(a) An anti-dumping duty shall remain in force only as long as it is necessary in order
to counteract dumping which is causing injury.
(b) The authorities concerned shall review the need for the con tinued imposition of the
duty, w here warranted, on their own initiative or if interes ted suppliers or importers of the product
so request and submit information substantiating the need f or review.
Article 10
Provisional Measures
(a) Provisional measures may be taken only when a preliminary d ecision has been taken
that there is dumping and when there is sufficient evidence o f injury.
(b) Provisional measures may take the form of a provisional dut y or, preferably, a security -
by deposit or bond - equal to the amount of the antidumping dut y provisionally estimated, being not
greater than the provisionally estimated margin of dumping . Withholding of appraisement is an
appropriate provisional measure provided that the normal d uty and the estimated amount of the
anti-dumping duty be indicated and as long as the withholdin g of appraisement is subject to the same
conditions as other provisional measures.
(c) The authorities concerned shall inform representatives o f the exporting country and
the directly interested parties of their decisions33
regarding imposition of provisional measures indicating t he reasons for such decisions and the criteria
applied, and shall, unless there are special reasons agains t doing so, make public such decisions.
(d) The imposition of provisional measures shall be limited to as short a period as possible.
More specifically, provisional measures shall not be impos ed for a period longer than three months
or, on decision of the authorities concerned upon request by the exporter and the importer, six months.
(e) The relevant provisions of Article 8 shall be followed in th e application of provisional
measures.
Article 11
Retroactivity
Anti-dumping duties and provisional measures shall only be applied to products which enter
for consumption after the time when the decision taken under Articles 8 ( a) and 10 ( a), respectively,
enters into force, except that in cases:
(i) Where a determination of material injury (but not of a thr eat of material injury, or
of a material retardation of the establishment of an industr y) is made or where the
provisional measures consist of provisional duties and the dumped imports carried out
during the period of their application would, in the absence of these provisional
measures, have caused material injury, anti-dumping dutie s may be levied retroactively
for the period for which provisional measures, if any, have b een applied.
If the anti-dumping duty fixed in the final decision is highe r than the provisionally paid duty,
the difference shall not be collected. If the duty fixed in th e final decision is lower than the provisionally
paid duty or the amount estimated for the purpose of the secur ity, the difference shall be reimbursed
or the duty recalculated, as the case may be.
(ii) Where appraisement is suspended for the product in ques tion for reasons which arose
before the initiation of the dumping case and which are unrel ated to the question of
dumping, retroactive assessment of anti-dumping duties ma y extend back to a period
not more than 120 days before the submission of the complaint .
(iii) Where for the dumped product in question the authoriti es determine
(a) either that there is a history of dumping which caused mater ial injury or that
the importer was, or should have been, aware that the exporte r practises
dumping and that such dumping would cause material injury, a nd
(b) that the material injury is caused by sporadic dumping (mas sive dumped imports
of a product in a relatively short period) to34
such an extent that, in order to preclude it recurring, it app ears necessary to
assess an anti-dumping duty retroactively on those imports ,
the duty may be assessed on products which were entered for co nsumption not more than 90 days prior
to the date of application of provisional measures.
E. Anti-dumping action on behalf of a third country
Article 12
(a) An application for anti-dumping action on behalf of a third country shall be made by
the authorities of the third country requesting action.
(b) Such an application shall be supported by price informatio n to show that the imports
are being dumped and by detailed information to show that the alleged dumping is causing injury to
the domestic industry concerned in the third country. The go vernment of the third country shall afford
all assistance to the authorities of the importing country t o obtain any further information which the
latter may require.
(c) The authorities of the importing country in considering su ch an application shall consider
the effects of the alleged dumping on the industry concerned as a whole in the third country; that is
to say the injury shall not be assessed in relation only to the effect of the alleged dumping on the
industry s exports to the importing country or even on the industry s total exports.
(d) The decision whether or not to proceed with a case shall rest with the importing country.
If the importing country decides that it is prepared to take a ction, the initiation of the approach to the
CONTRACTING PARTIES seeking theirapproval for suchaction shall rest withthe importingcountry.
PART II - FINAL PROVISIONS
Article 13
This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties
to the General Agreement and by the European Economic Commun ity. The Agreement shall enter
into force on 1 July 1968 for each party which has accepted it b y that date. For each party accepting
the Agreement after that date, it shall enter into force upon acceptance.
Article 14
Each party to this Agreement shall take all necessary steps, of a general or particular character,
to ensure, not later than the date of the entry into35
force of the Agreement for it, the conformity of its laws, reg ulations and administrative procedures
with the provisions of the Anti-Dumping Code.
Article 15
Each party to this Agreement shall inform the CONTRACTING PA RTIES to the General
Agreement of any changes in its anti-dumping laws and regula tions and in the administration of such
laws and regulations.
Article 16
Each party to this Agreement shall report to the CONTRACTING PARTIES annually on the
administration of its anti-dumping laws and regulations, g iving summaries of the cases in which
anti-dumping duties have been assessed definitively.
Article 17
The parties to this Agreement shall request the CONTRACTING PARTIES to establish a
Committee on Anti-Dumping Practices composed of represent atives of the parties to this Agreement.
The Committeeshall normally meet onceeach year for the purp ose ofaffording parties to this Agreement
the opportunity of consulting on matters relating to the adm inistration of anti-dumping systems in any
participating country or customs territory as it might affe ct the operation of the Anti-Dumping Code
or the furtherance of its objectives. Such consultations sh all be without prejudice to Articles XXII and
XXIII of the General Agreement.
This Agreement shall be deposited with the Director-Genera l to the CONTRACTING PARTIES
who shall promptly furnish a certified copy thereof and a not ification of each acceptance thereof to
each contracting party to the General Agreement and to the Eu ropean Economic Community.
This Agreement shall be registered in accordance with the pr ovisions of Article 102 of the
Charter of the United Nations.
Done at Geneva this thirtieth day of June one thousand nine hundre d and sixty-seven, in a single
copy, in the English and French languages, both texts being a uthentic.