Sales price information without a valid justification

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sales price information without a valid justification, and basing its determination of the margin of dumping entirely on the facts available in the AD investigation at issue in this dispute, but that U.S. statutory provisions governing the use of facts available were not inconsistent with the AD Agreement. 50 In September 2002, Canada requested consultations regarding the final AD measure on softwood lumber and the methodologies adopted by the DOC for this investigation. 51 Canada has also challenged the CVD determination on imports of softwood lumber (see below); a panel was established in January 2003. 52 Also with respect to AD and CVD measures on softwood lumber, Canada requested consultations regarding procedural aspects of the USITC investigation and a panel was established in March 2003. 53 46 Data provided by the authorities. 47 If both the ITA and the USITC make affirmative preliminary determinations within 190 days of initiation of an investigation, importers are required to post a bond or cash to cover the estimated amount of duties to be collected in the event a final order is issued. 48 Cold Rolled Carbon Steel Flat products-A-821-815, Federal Register Vol. 62, 10 October 2002. 49 The number of AD orders in effect in June 2003 was notified to the WTO in document G/ADP/N/105/USA, 12 September 2003. This number corresponds to the ITA investigation cases. 50 WTO documents WT/DS206/3, 31 October 2001, and WT/DS206/R, 28 June 2002. 51 WTO document WT/DS264/1,G/L/566, G/ADP/D42/1, 19 September 2002. 52 WTO document WT/DS264/3, 5 March 2003. 53 WTO documents WT/DS/277/1, 7 January 2003 and WT/DS/277/2, 4 April 2003.
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WT/TPR/S/126 Trade Policy Review Page 51 14. A total of 18 disputes regarding Title VII investigations were brought to the NAFTA in 2001, 2002 and the first half of 2003; most referred to AD investigations. The majority (14) of the cases were still active in June 2003; four had been terminated with no decision issued. Countervailing duties 15. There were 21 CVD investigation initiations in the United States between 2001 and 2002, of which 18 in 2001; some two thirds resulted in the imposition of provisional measures. During the same period, 16 final CVD orders were issued; half of the products covered were also subject to AD measures. 54 No CVD orders were issued in the first half of 2003. The number of initiations increased only slightly in 2001-02 over the 1999-00 period (Table III.5). 16. Duty orders issued in 2000-02 affected imports from: Argentina, Brazil, Canada, France, Germany, Hungary, India, Indonesia, Italy, Korea, the Netherlands, South Africa, Thailand and the United Kingdom. Overall, there were 57 final CVD orders in place as of 30 June 2003; almost half involved an EU member, while Asian countries accounted for almost one third of the number of orders in effect. Two thirds of CVD orders in place related to steel products.
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