Nor does China explain what factors an investigating authority legitimately could consider when determining the existence of a "particular situation" if not market distortions that affect a producer's domestic prices or costs in a manner that market renders these unsuitable or inappropriate for a comparison with the export proper price. Rather, China simply asserts that the only inquiry permitted by the Anti-Dumping Agreement is one focused narrowly on the "conduct of the producer" or the producer's own "pricing behaviour" regardless of whether the particular situation has market – distorted that conduct or pricing. In Australia's view, the very terms used in the general anti-dumping rules again refute China's assertion. We thank the Panel for the opportunity to attend this second substantive meeting and to present Australia's views.
Nor does China explain what factors an investigating authority legitimately could consider when determining the existence of a "particular market situation" if not market distortions that affect a producer's domestic prices or costs in a manner that renders these unsuitable or inappropriate for a proper comparison with the export price. Rather, China simply asserts that the only inquiry permitted by the Anti-Dumping Agreement is one focused narrowly on the "conduct of the producer" or the producer's own "pricing behaviour" – regardless of whether the particular market situation has distorted that conduct or pricing. In Australia's view, the very terms used in the general anti-dumping rules again refute China's assertion. We thank the Panel for the opportunity to attend this second substantive meeting and to present Australia's views.
eu-ds516-australias-third-party-oral-statement-second-substantive-meeting.docx