Extract
CONFIDENTIAL
RAPA
:
To:
Direntor of Commerce and Industry, Hong Kong.
From: Counsellor (Hong Kong Affairs), Geneva.
Memorandum No. 43
Pile No. GVA/4/34
My memorandum No. 32/69 of 20 February
Date: 10 March 1969
Austria
GATT
Committee on Trale in Industrial Product.a
23. In this case, again, I was required to start the questioning. I explained the history of the Austrian legislation, including the circumstances in which "anti- dumping" duties couli be imposed under their previous legislation and the ameniei legislation introduced recently. Bacing "dumping" en lustrian export prices or Western European. prices without attempting to find out whether the country concerned was actually dumbing, was clearly contrary to Article VI of the GATT. There was alṣo no requirement to determine injury. The legislation post-dated the GATT, it appeared to be a discriminatěry imposition related to so- called low-cost importe rather then to dumping as such and it therefore contravened the article I rights of GATT countrico against whom it was imposed. Fronas (U.S.) made the only other intervention on this item. He pointed out that the Austrian legislation did net accerd with either Article VI or with the Inti-Dumping Cole and hoped that Austria would ratify the Code and bring their legislation inte line as scon &c :rssible.
C
TAKK 6/365/1
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