Abstract:
One of the important goals in international trade is to create an environment based on fair competition. In this regard, the World Trade Organization strives to counter anti-competitive practices through its agreements. One of these practices is identifiable as dumping, the regulations of which have been formulated within the organization with the approval of the Anti-Dumping Agreement. On the other hand, in Iran, regulations regarding the prohibition of dumping have been established in Chapter Nine of the Iranian Customs Regulations. Given that Iran's accession to the World Trade Organization has been a matter of attention for years, it is necessary to explain the legal system governing dumping in Iran and the World Trade Organization. This is to identify the rules and competent authorities for addressing violations of these rules in Iranian law, and considering the condition of conformity in the aforementioned organization and the importance of aligning domestic regulations with the organization's regulations, to answer the question of whether existing differences pose an obstacle to accession.
Machine summary:
According to paragraph 3 of Article 3 of the Agreement, factors that may relate to establishing the causal link include: the volume and price of the portion of imports not sold below normal value; a decrease in demand or a change in consumption patterns; trade-restricting practices of foreign and domestic producers and competition among them; technological advancements and the export performance and productivity of the domestic industry.
It is important to note that if preliminary investigations relating to sales below normal value and damage to the domestic industry yield positive findings, the importing country may refrain from assessment or suspend customs clearance of the goods in question, and impose provisional anti-dumping duties based on an estimated weighted average margin of dumping.
” In this regard, legal articles in Iranian regulations that explicitly or implicitly refer to the category of dumping include: • Article 7 of the Customs Law approved in 1350 (SH): “If goods are offered for import into Iran from a country at an inappropriate price or with unusual facilities (dumping) and this action is considered unfair competition for the country's economy, the Council of Ministers may, at any time, upon the proposal of the Ministry of Economy, establish a special commercial profit for the entry of those goods from that country.
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